UPDATED with Pepperdines response:With hours until game day,Netflixhas the all-clear to proceed with its new comedyRunning PointafterPepperdine Universitysued the streamer fortrademark infringement.
After Netflix filed an opposition on Tuesday in Central Californias U.S. District Court, claiming that Running Pointhas nothing to do with universities or college sports, a judge has denied Pepperdine Universitys motion for a temporary restraining order on Wednesday.The show debuts February 27.
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Sean Burnett, Pepperdines senior vice president and chief marketing officer, has since announced they plan to continue with the lawsuit, despite the judge tossing the restraining order.
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Our trademark is more than just a symbolit represents the legacy, values, and excellence that Pepperdine has upheld for decades, said Burnett.
We do not believe Netflix andWarner Bros.can be permitted to take the Waves trademarks and colors we have used for almost 90 years to identify Pepperdine to instead identify the team that is the subject of their series.
While we are disappointed with todays ruling, we believe the University will ultimately prevail and prevent the continued unauthorized use of Pepperdines intellectual property in a way that misrepresents our institution.
Last week, the Malibu-based Christian universityannounced a trademark infringement lawsuitagainst Netflix and Warner Bros., accusing the show of misappropriation of the universitys brand with the logo for the shows basketball team, The Waves.
According to a statement shared by Pepperdine, the team logo in the show bears a striking resemblance in branding to Pepperdines longstanding and well-known Waves athletics program.
The series prominently features a team name, colors, and other indicia that are identical or highly similar to Pepperdines, as well as the number 37, which is closely associated with the universitys history and mascot.
The school also has deep concerns about some of the series themes, which include explicit content, substance use, nudity, and profanity elements that are inconsistent with Pepperdines Christian values and reputation.
Netflix responded, explaining that the fictional Los Angeles-based teams name is a nod to the real-life Lakers and evokes the LA area where the team plays.
It would make no creative or narrative sense for the shows creators to draw connections to Pepperdine, whose storyline is very much not about an elite, private college in Malibu, said Netflixs legal team in the response.
Created by Mindy Kaling, Ike Barinholtz and David Stassen,Running Pointstars Kate Hudson as Isla Gordon, who is appointed president of her familys professional basketball franchise, the Los Angeles Waves, after a scandal forces her brother to resign.
Ambitious and often overlooked, Isla will have to prove to her skeptical brothers, the board and the larger sports community that she was the right choice for the job.
