Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
Cindy Lou Who is a lot more than two in a one-woman play that’s at the center of a copyright battle between its author and Dr. Seuss Enterprises ( Lombardo v. Dr. Seuss Enters., L.P. , S.D.N.Y., No. 16-09974, complaint filed 12/27/16 ).
“Who’s Holiday!” by playwright Matthew Lombardo features a grown-up Cindy Lou Who, a character described as “no more than two” in the classic tale “How the Grinch Stole Christmas” by Dr. Seuss, the pen name of author Theodor Geisel.
In the play, 45-year-old Cindy Lou Who has just gotten out of prison and recounts her troubled life, including a long-term relationship with the reformed Grinch.
Dr. Seuss Enterprises L.P., a La Jolla, Calif.-based organization headed by Geisel’s widow, Audrey Geisel, that produces toys and other products based on characters from Dr. Seuss’s books, sent demand letters asserting that Lombardo’s play infringes its copyright interests.
Lombardo is fighting back in federal court. He asked the U.S. District Court for the Southern District of New York Dec. 27 to declare his play “highly transformative” and non-infringing under the fair use doctrine.
Lombardo is also seeking at least $131,000 in damages for the cancellation of the play’s planned holiday run in New York, which followed the organization’s complaints. The damages figure includes $56,000 in expenses, including salaries, and at least $75,000 in lost ticket sales.
Last month, Dr. Seuss Enterprises sued a comics publisher for creating a pastiche of “Star Trek” and Dr. Seuss content. Dr. Seuss Enters., L.P. v. ComicMix LLC , S.D. Cal., No. 16-0779, complaint filed 11/10/16 .
Dr. Seuss Enterprises did not immediately respond to a request for comment from Bloomberg BNA.
To contact the reporter on this story: Anandashankar Mazumdar in Washington at AMazumdar@bna.com
To contact the editor responsible for this story: Mike Wilczek at email@example.com
Text is available at: http://src.bna.com/k3Z
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)