Pepperdine University has filed suit against Netflix and Warner Bros. for trademark infringement, alleging in federal court that Mindy Kaling‘s new comedy series “Running Point” intentionally centers on a fictional basketball team that strongly resembles the university’s actual squad, according to court papers obtained Friday.
In the suit, filed Thursday in downtown Los Angeles, Pepperdine dubs “Running Point” a “raunchy” comedy that promotes themes that don’t correspond to the university’s values, including alcohol and substance use, sexual innuendo and imagery, and foul language.
“Running Point,” starring Kate Hudson, is supposedly loosely based on the real life of Lakers owner Jeanie Buss. It debuts Feb. 27 on Netflix.
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Pepperdine alleges that Netflix and Warner Bros. “misappropriated” registered trademarks belonging to the Malibu university, whose NCAA basketball team is named the Waves — the same name as the team in Kaling’s series.
The university also argues that the show borrows its team’s colors, orange and blue, and uses player’s number 37, the number worn by Pepperdine’s mascot — and which is associated with the year the university was founded, 1937.
Representatives for Netflix and Warner Bros. could not immediately be reached for comment Friday.
The complaint seeks injunctive relief to prevent further use of Pepperdine’s trademarks, as well as damages for the alleged infringement and harm caused by the misappropriation of the university’s brand.
“Since its founding in 1937, Pepperdine University has established itself as a Christian University committed to academic excellence and a world-class athletics program,” Sean Burnett, Pepperdine University senior vice president and chief marketing officer, said in a statement.
He said the university believes it necessary to seek court intervention due to the “flagrant disregard for our intellectual property and the damage to our institutional identity, together with Netflix’s and Warner Bros.’ continued refusal to resolve Pepperdine’s concerns.”
According to the complaint, “Running Point’s” portrayal of the “Waves” team will cause consumer confusion and falsely suggest an affiliation between Pepperdine and the show.
Burnett said the university has also expressed concern 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.”
