The Pepperdine University lawsuit against Netflix and Warner Bros. Entertainment has drawn attention to the ongoing legal complexities of trademark law in entertainment. The university claims that Running Point, a new comedy series set to premiere on February 27, 2025, features a fictional basketball team called the “Waves”—a name, color scheme, and branding that allegedly infringe upon Pepperdine’s well-established identity.
According to the lawsuit, Pepperdine argues that the show’s explicit content—which reportedly includes references to sex, alcohol, and drugs—could harm the university’s reputation by creating an unauthorized association between the institution and the show. Despite sending a cease-and-desist letter, the university claims that Netflix and Warner Bros. refused to take corrective action, leading to the current legal battle for injunctive relief and damages.
This case raises critical trademark law questions, including whether fictional portrayals can constitute trademark infringement, how courts determine likelihood of confusion, and whether fair use or First Amendment protections apply to artistic works.
Trademark Infringement in the Pepperdine University Lawsuit
At the core of the Pepperdine University lawsuit is a claim of trademark infringement, which falls under the Lanham Act (15 U.S.C. § 1114, 1125(a)). To prevail on a trademark infringement claim, a plaintiff must establish:
- A protectable trademark – Pepperdine must demonstrate that “Waves” is a legally recognized trademark associated with its athletic teams and overall brand.
- Likelihood of confusion – The use of “Waves” in Running Point must be likely to cause consumer confusionabout an association between Pepperdine and the show.
Courts typically analyze likelihood of confusion using the Sleekcraft factors, established in AMF Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979). The key factors in this case may include:
- Strength of the Mark – Pepperdine’s Waves branding has been in use for decades and is well recognized in collegiate athletics, potentially making it a strong trademark.
- Similarity of the Marks – Running Point’s fictional basketball team allegedly uses the same name, color scheme, and branding elements, increasing the risk of confusion.
- Proximity of Goods and Services – Both marks are associated with basketball and athletic branding, even though one is a real-world college team and the other is a fictional TV team.
- Actual Confusion – If Pepperdine can demonstrate that viewers, students, or alumni believed the show was affiliated with the university, it could strengthen the infringement claim.
Given these factors, Pepperdine University’s lawsuit presents a legitimate trademark claim, but it will need to overcome free speech defenses raised by Netflix and Warner Bros.
First Amendment and Fair Use Defenses in Entertainment
First Amendment and Fair Use Defenses in EntertainmentNetflix and Warner Bros. are likely to invoke First Amendment protections, arguing that Running Point is an expressive work and therefore shielded from trademark liability under the Rogers test, first established in Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989). The Rogers test provides that a trademark used in an expressive work (such as a film or TV show) is protected unless:
- The use has no artistic relevance to the underlying work, or
- It explicitly misleads consumers into believing the trademark owner endorsed or was affiliated with the work.
In the Pepperdine University lawsuit, Netflix and Warner Bros. may argue that:
- The use of “Waves” is artistically relevant to the story, as it pertains to a fictional basketball team.
- There is no explicit claim of endorsement from Pepperdine University.
A similar issue arose in Twentieth Century Fox Television v. Empire Distribution, Inc., 875 F.3d 1192 (9th Cir. 2017), where the court protected the use of “Empire” for a fictional TV show, ruling that it was an expressive title and not a trademark violation.
If the Rogers test applies, Pepperdine University’s lawsuit may face an uphill battle in proving that Running Point goes beyond protected artistic expression and into misleading commercial use.
Injunctive Relief and Damages In The Pepperdine University Lawsuit
Pepperdine’s IP litigation lawsuit seeks injunctive relief and monetary damages, meaning the university is asking the court to:
- Stop Netflix and Warner Bros. from using “Waves” in the show
- Compensate the university for potential brand harm
However, injunctions in trademark disputes involving artistic works are rare due to strong First Amendment protections. Courts are hesitant to interfere with creative content unless there is clear evidence of consumer deception.
If the court denies an injunction, Pepperdine may still seek monetary damages if it can prove:
- Harm to its brand reputation
- Lost licensing opportunities
- Actual consumer confusion
Pepperdine University Lawsuit Implications
The Pepperdine University lawsuit against Netflix and Warner Bros. raises important legal questions about trademark infringement, artistic expression, and fair use in entertainment. While Pepperdine has a strong claim based on likelihood of confusion, it must overcome First Amendment defenses and the Rogers test, which protect creative works. This case serves as a valuable precedent for universities, sports teams, and businesses navigating brand protection in the entertainment industry. Whether Pepperdine prevails or not, the lawsuit underscores the importance of trademark strategy and enforcement when a recognizable brand appears in a fictional setting.
For businesses and institutions facing trademark infringement concerns, working with an experienced intellectual property attorney is crucial.
David Nima Sharifi, Esq., founder of L.A. Tech and Media Law Firm, specializes in trademark disputes, brand protection, and entertainment law. Recognized among the Top 30 New Media and E-Commerce attorneys by the Los Angeles Business Journal, he provides expert legal counsel for intellectual property conflicts in media and sports branding.
Schedule your confidential consultation now by visiting L.A. Tech and Media Law Firm or using our secure contact form.
