22 03 2016

Lions Gate Entertainment Inc. v. TD Ameritrade Holding Corporation et al

Judge Dean Pregerson of the U.S. District Court in Los Angeles, California dismissed all trademark and related state law claims in a suit brought against Olshan clients Havas Worldwide New York and various TD Ameritrade entities by Lions Gate Entertainment on the basis of copyright preemption.


Lions Gate Entertainment Corporation develops and distributes film entertainment contents. The company, led by Michael Burns, Jon Feltheimer, Sandra Stern, James W Barge and Wayne Levin, is based in Santa Monica. Olshan faced a challenge asserted by Lions Gate Entertainment alleging that television, online and print advertisement run by TD Ameritrade violates the Lanham Act by incorporating the phrase “Nobody puts your old 401(k) in the corner.”  Lions Gate alleges that the phrase, along with the creative content in the advertisement, was confusingly similar to the well known quote in the movie Dirty Dancing - “Nobody puts baby in the corner.”  The ruling is crucial to advertisers and advertising agencies as the case tests the extent to which entertainment companies can extract license fees for advertising inspired by movies and other cultural references. Litigation partner Kyle Bisceglie (Picture), Litigation associates Matteo Rosselli and Amanda Goldstein and Advertising partner Andrew Lustigman successfully represented the defendants. Involved fees earner: Andrew Lustigman - Olshan Frome Wolosky LLP; Kyle Bisceglie - Olshan Frome Wolosky LLP; Matteo Rosselli - Olshan Frome Wolosky LLP; Amanda Goldstein - Olshan Frome Wolosky LLP;

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