A federal judge has rejected Pepperdine University’s bid for a court order to block Netflix from releasing parts of episodes of its upcoming series Running Point that allegedly infringe on its basketball team’s trademarks.
With the denial on Wednesday of the temporary restraining order, Netflix will continue with plans to release the sports comedy tomorrow.
The legal battle revolves around a lawsuit Pepperdine University filed against Netflix and Warner Bros. Discovery on Thursday accusing it of trademark infringement. It said that the NBA team at the center of Running Point “bears a striking resemblance in branding to Pepperdine’s longstanding and well-known Waves athletics program.”
In a statement at the time, Pepperdine University senior vice president Sean Burnett said that the school “established itself as a Christian University committed to academic excellence and a world-class athletics program” but that “Netflix continues to promote Running Point, a new series that has misappropriated our trademarked name, the Waves, our colors, blue and orange, our hometown of Los Angeles, and even the year we were founded as an institution.”
The real-life Pepperdine Waves basketball uniform, circa 2019.
He added, “Given this flagrant disregard for our intellectual property and the damage to our institutional identity, together with Netflix’s and Warner Bros.’ continued refusal to resolve Pepperdine’s concerns, we believe it necessary to seek court intervention.”
U.S. District Judge Cynthia Valenzuela found that Netflix’s use of the Waves’ marks “does not explicitly mislead consumers as to the source of the work.” She stressed that the show’s title cards show to viewers that Netflix, WBD and Mindy Kaling are responsible for the series.
The LA Waves, the name of the fictional basketball team in Running Point, is meant to be a nod to the Lakers.
Jonathan Hyman, an intellectual property lawyer at Knobbe Martens, says that the decision “does not mean the end of trademark rights but could make it harder for brand owners to object to trademark uses in movies and television show.”
Pepperdine University may now elect to move for a preliminary injunction.