Netflix, WB Dodge Pepperdine’s ‘Running Point’ Trademark Lawsuit

By Editorial Team

Netflix and Warner Bros. successfully avoided a trademark lawsuit filed by Pepperdine University over the unauthorized use of the school’s “Waves” nickname and colors in the streaming series “Running Point.” The lawsuit alleged trademark infringement, citing similarities between the school's branding and that of a fictional basketball team in the show.

Judge Cynthia Valenzuela dismissed the case in the US District Court for the Central District of California, stating that Pepperdine’s marks were not used to indicate the source of the show but were merely part of portraying a fictional professional basketball team in the series.

The judge highlighted that the use of Pepperdine’s branding in the show was not affected by the Supreme Court’s 2023 restriction on the Rogers test, which is a First Amendment-rooted defense for using trademarks in expressive works.

Both Netflix Inc. and Warner Bros. Entertainment Inc. were relieved to have the lawsuit dismissed, allowing them to continue using the fictional basketball team’s branding without infringing on Pepperdine University’s trademarks.

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