Olshan Puts Lions Gate's Claims in the Corner

The Hollywood Reporter reported that 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.  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.  A copy of the decision can be found here.  Litigation partner Kyle Bisceglie and Advertising partner Andrew Lustigman successfully represented the defendants.