By Blake Brittain
Feb 27 (Reuters) - Netflix NFLX.O and Warner Bros. Discovery's WBD.O new basketball comedy series "Running Point" had its premiere on Thursday, after a judge in California declined to halt its release over trademark allegations brought by Pepperdine University.
U.S. District Judge Cynthia Valenzuela rejected the school's bid for a temporary restraining order late on Wednesday, finding that the show's use of "Waves" to brand its fictional basketball team was protected by the First Amendment.
Pepperdine said in a statement on Wednesday that it believes it will "ultimately prevail and prevent the continued unauthorized use of Pepperdine's intellectual property in a way that misrepresents our institution."
"Running Point," created by Mindy Kaling, stars Kate Hudson as a "reformed party girl" who is "unexpectedly placed in charge of her family's pro basketball team," according to the Netflix website. Malibu, California-based Pepperdine sued Netflix last week over similarities between the show's Los Angeles Waves and Pepperdine's college basketball team.
The lawsuit said that the "Running Point" Waves' logo and blue-and-orange branding are "strikingly similar" to the Pepperdine Waves, who have played NCAA basketball in the Los Angeles area for over 85 years.
Netflix and the show's producer Warner Bros. denied Pepperdine's allegations in a court filing on Monday. They argued that their use of "Waves" was constitutionally protected because it was artistically relevant to the show and did not explicitly mislead viewers into thinking that Pepperdine was affiliated with it.
A Netflix spokesperson cited the court filing in response to a request for comment on Thursday.
Valenzuela agreed with Netflix and Warner Bros., noting that the show's "Waves" is "a nod to the real-life [Los Angeles] Lakers" and "evokes the Los Angeles area and the Southern California 'vibe,' associated with beaches, sun, surfing, and waves."
Valenzuela also said there was "no implicit, let alone explicit statement that misleads the consumer" into believing that Pepperdine was associated with the series.
The case is Pepperdine University v. Netflix Inc, U.S. District Court for the Central District of California, No. 2:25-cv-01429.
For Pepperdine: Andrei Iancu and Robert Sacks of Sullivan & Cromwell
For Netflix and Warner Bros: Daniel Petrocelli and Matthew Kline of O'Melveny & Myers
Read more:
Netflix, Warner Bros sued by Pepperdine University over basketball comedy
(Reporting by Blake Brittain in Washington)
((blake.brittain@tr.com; +1 (202) 938-5713))
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