Mindy Kaling's 'Running Point' is airing on Netflix despite Pepperdine University's trademark lawsuit. Here's what's happening.
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Pepperdine University filed a trademark lawsuit against Netflix and Warner Bros. Entertainment.Pepperdine University said the companies used its IP in a new TV series, "Running Point."A judge denied the university's request for a temporary restraining order against the companies.Mindy Kaling's new sports comedy with Netflix and Warner Bros. Entertainment is making waves at Pepperdine University."Running Point" is a new 10-episode TV series that follows Isla Gordon (Kate Hudson), a woman who becomes president of a professional basketball franchise called the Los Angeles Waves. Kaling, Hudson, and Los Angeles Lakers president Jeanie Buss serve as executive producers. Netflix premiered the series on Thursday. Mindy Kaling, Jeanie Buss, and Kate Hudson attended the "Running Point" premiere in February. Michael Buckner/Variety via Getty Images However, the rollout was nearly benched just one week before its debut when Pepperdine University sued the entertainment companies. On February 20, the university filed a legal complaint accusing the companies of trademark infringement, trademark dilution, and false advertising. The university also asked a California judge to approve a temporary restraining order against them."When Defendants released and promoted the trailer for 'Running Point' on January 30, 2025, Pepperdine (and others) were immediately astounded at the striking correlations in branding between the fictional Los Angeles Waves and the real Los Angeles-based Pepperdine Waves," the university said. "The uses are too many and too close to be coincidental."Moish E. Peltz, a partner at Falcon, Rappaport, & Berkman LLP, told Business Insider it's "certainly surprising that Warner Brothers and Netflix would go to market with such a strikingly similar sports team."Prof. Betsy Rosenblatt of Case Western Reserve University's School of Law said the decision seemed "riskier than any number of other decisions they could have made."Netflix referred to its opposition filing when contacted for comment.Confusion among consumers? Kate Hudson plays Isla Gordon in "Running Point," a sports comedy streaming on Netflix. Courtesy of Netflix 2025 In the complaint, the university said the fictitious basketball team's logo, branding, and colors were "strikingly similar" to Pepperdine's real-life sports franchise. Pepperdine University also said "Running Point" promoted a specific player number 37 which is worn by the school's mascot and correlates to its founding year."The lawsuit details how 'Running Point' portrayal of the 'Waves' team will cause consumer confusion and falsely suggest an affiliation between Pepperdine and the show," the university's press release said. "The university has also expressed deep concerns about some of the series' themes, which include explicit content, substance use, nudity, and profanity elements that are inconsistent with Pepperdine's Christian values and reputation."Peltz said trademark law aims to prevent consumer confusion, which is the focus of Pepperdine University's trademark infringement claim. Pepperdine University said the fictional basketball franchise looked "similar" to its real-life brand. Courtesy of Netflix 2025 "Are consumers going to be confused about whether a sponsorship, affiliation, or consent was granted?" Peltz said. "That will depend on how you define the target market and who those consumers are."Peltz said location"People watching Netflix on the East Coast or around the world may have no idea," he said. "People watching in the Southern California market might be scratching their heads like, 'Wait, I thought the Waves were a college team. Why are they a pro team in this thing? What's going on here?'"Although trademark infringement is the first cause of action in the complaint, Rosenblatt said it may not be Pepperdine University's strongest claim. Pepperdine University said "Running Point" could cause confusion among consumers. Courtesy of Pepperdine University "Their infringement claim based on confusion may not be that strong because maybe consumers won't think that Pepperdine is involved in this show. They just think, 'Isn't it weird that this fictional team has the same name and some indicators as Pepperdine?'" Rosenblatt said.Trademark dilution, however, could hold more weight.In the complaint, Pepperdine University said that Netflix and Warner Bros. Entertainment's "improper use of the asserted trademarks" could "dilute, tarnish, and disparage Pepperdine's reputation and marks.""Particularly because the Netflix show has content that is so at odds with Pepperdine's conservative values and religious philosophy, it might harm Pepperdine's mark in that way," Rosenblatt said.Peltz said the trademark dilution claim requires proof of fame, which would examine whether Pepperdine University's trademarks are well-known and being diluted by "Running Point."A judge denied the university's TROIf granted, the temporary restraining order against Netflix and Warner Bros. Entertainment would have barred them from certain actions, including airing "Running Point" episodes unless they're first edited to exclude references to the fictitious Waves team and the university's trademarks.In a memorandum on Monday, Netflix argued against the temporary restraining order, saying the use of Waves is not "explicitly misleading" and the use is "artistically relevant," among other arguments.A judge denied Pepperdine University's request two days later. Pepperdine University's mascot during a NCAA game in 2009. Icon Sports Wire/Corbis/Icon Sportswire via Getty Images "The First Amendment, broadly speaking, allows people to use other people's trademarks in expressive ways," Rosenblatt said.In response, the university's senior vice president, Sean Burnett, said the case against Netflix and Warner Bros. Entertainment will "continue on its regular course.""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," Burnett said in a press release. "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."Representatives for Warner Bros. Entertainment, Mindy Kaling, Kate Hudson, and Jeanie Buss, did not respond to a request for comment from Business Insider.
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