Pepperdine University faces setback in trademark lawsuit against Netflix
Pepperdine University is continuing its lawsuit for trademark infringement against Netflix, Inc. and Warner Bros. Entertainment Inc. despite a setback in court this week.
The Malibu-based university filed a lawsuit on Feb. 20 against the entertainment companies for the "unauthorized use" of the Pepperdine Waves athletic program's trademarks and branding in the 10-episode series "Running Point," streaming on Netflix.
The university also asked for a temporary restraining order against them, which was denied in court on Wednesday. "Running Point" premiered on Feb. 27.
The television series, starring Kate Hudson, is inspired by Jeanie Buss's story as president of the Los Angeles Lakers.
In "Running Point," Hudson becomes president of the Los Angeles Waves, which bears blue and orange colors and a wave logo. Pepperdine claims it to be a striking resemblance to the university's longstanding and well-known Waves athletics program.
"Without our permission, 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," Sean Burnett, Pepperdine University senior vice president and chief marketing officer said.
"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."
The university claims the show's portrayal of the Waves team will cause consumer confusion and suggest an affiliation between Pepperdine and the show. Many of the show's themes, they say, are inconsistent with the university's Christian values and themes.
In response to the court's restraining order denial, Pepperdine said, "The case will now continue on its regular course."
CBS News Los Angeles reached out to Netflix and Warner Bros. Entertainment Inc. for a response but has not yet heard back.