Issue No. 062 · Story 03 · October 7, 2026

Pepperdine Challenges Running Point Trademark Dismissal on Appeal

Pepperdine filed its Ninth Circuit opening brief in the trademark dispute over Netflix's Running Point, whose fictional basketball team uses the Waves name. The university argues that the show's team identity and promotional uses of Waves function as branding, not just elements of an expressive work. The October 2 brief challenges the district court's dismissal of claims against Netflix, Warner Bros., and Kaling International. It is Pepperdine's appellate argument, not a new ruling.

§Pepperdine points to the Waves name, logos, team colors, jerseys, and promotional materials as support for its confusion claims.
§The university argues that trademark uses identifying source fall outside the heightened protection for expressive works described in Rogers, relying on the Supreme Court's Jack Daniel's decision.
§The district court entered final judgment April 15, and Pepperdine appealed May 11. This development is the opening brief, not the initial filing of the appeal.

THE TAKEAWAY

Pepperdine asks the appeals court to distinguish a fictional team's appearance inside a show from the use of that identity in marketing. The brief seeks reversal; it does not establish that the show's Waves branding infringes.

Filing: ESCA Filings

Same issue

TradeSun Sues OpenAI Over the Astra Name

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Trademark

Laffapalooza Sues Apple and Tubi Over Comedy Streams

Laffapalooza sued Apple, Tubi, distributor Urban Home Entertainment, and producer Marcus Joseph King over allegedly unauthorized streaming of its comedy films, including Jamie Foxx Presents Laffapalooza. The October 2 Georgia federal complaint alleges that King licensed the works to the distributor without authority and that the films then appeared on streaming platforms. Laffapalooza also asks the court to resolve its ownership dispute with King. The claims have not been decided.

Amazon and Crocs Sue Sellers Over Alleged Counterfeit Clogs

Amazon and Crocs filed a joint federal complaint accusing Mayer D. Cohen, Doofter LLC, and Barbados Leather of selling counterfeit Crocs Classic Clogs through Amazon seller accounts. The October 2 Washington complaint cites test purchases and alleged differences in labels and hangtags. Amazon says it blocked the accounts and refunded customers. The lawsuit seeks trademark relief and damages, but the counterfeit allegations have not been adjudicated.

Trademark

Thomas Rhett Centers Recording Ownership in New Label Deal

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