Pepperdine University unsuccessfully attempted a last-minute shot block of Running Point, a new show based on Lakers owner Jeanie Buss.
The Malibu-based Christian university, known for its scenic California campus, had a temporary restraining order denied in court Wednesday, allowing the show to premiere on Netflix the following day. A week ago, Pepperdine sued Netflix and Warner Bros. Discovery in California Central Court for trademark infringement alleging “misappropriation of the university’s brand.” WBD produced the show, which streams on Netflix. Buss and longtime Lakers employee Linda Rambis are both executive producers of the show. The school claims the similarities between the team name and colors used in the show and the university’s own are too close. Both the show’s and school’s team are named the Waves.
Netflix responded with an opposition filed Tuesday that claimed “Running Point has nothing to do with universities or college sports.” Federal judge Cynthia Valenzuela denied Pepperdine’s motion for a temporary restraining order, and the show debuted Thursday.
“The use of the Waves marks in the series is simply expressive and is a plot point in the series,” Valenzuela said in her ruling. “The use of the marks does not speak to the source of the series. Ultimately, on this record, there is no evidence that any viewer would be misled regarding the source of the series.”
But Sean Burnett, Pepperdine’s SVP and CMO, said the university will proceed with the lawsuit.
“Our trademark is more than just a symbol—it represents the legacy, values, and excellence that Pepperdine has upheld for decades,” said Burnett in a release. “We do not believe Netflix and Warner Bros. can be permitted to take the Waves trademarks and colors we have used for almost 90 years to identify Pepperdine to instead identify the team that is the subject of their series.
“While we are disappointed with today’s ruling, we believe the University will ultimately prevail and prevent the continued unauthorized use of Pepperdine’s intellectual property in a way that misrepresents our institution,” Burnett said.
Rebecca Tushnet, a Harvard Law School professor who specializes in trademark law, is skeptical of Pepperdine’s legal case going forward. “This is a slam dunk [for Netflix],” she told Front Office Sports. “[Pepperdine’s] only chance is to take it all the way to the Supreme Court and get the Supreme Court to say freedom of speech doesn’t protect artistic uses of trademarks, which is probably unlikely.”
The show, a comedy created by Mindy Kaling, stars Kate Hudson as Isla Gordon, who gets named president of the Los Angeles Waves, after her brother resigns over a scandal. The series follows Gordon, who tries to prove to her family, the team’s board, and its fan base that she can thrive in the job.
Pepperdine’s mascot is The Waves, and the university alleges the team logo from the show “bears a striking resemblance in branding to Pepperdine’s longstanding and well-known Waves athletics program,” the university said in the statement. The school also takes issue with the show’s themes, “which include explicit content, substance use, nudity, and profanity — elements that are inconsistent with Pepperdine’s Christian values and reputation.”
In its response Tuesday, Netflix said the team in the show is a “nod to the real-life Lakers and evokes the L.A. area where the team plays.”
Netflix said in the filing, “It would make no creative or narrative sense for the show’s creators to draw connections to Pepperdine, whose storyline is very much not about an elite, private college in Malibu.”
