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Television Shows and Trademark Protection
The U.S. District Court for the Eastern District of New York dismissed a federal trademark-infringement action filed over NBC's use of the title 'American Dream' for a TV series. Lemme v. National Broadcasting Co. Inc., 04-CV-2501 (DRH)(WDW). Since 1997, the plaintiff hosted an 'American Dream' regional cable show that 'demonstrat[es] the American Dream by emphasizing ' family heritage, struggles, goals, dreams and accomplishments.' In 2002, NBC began broadcasting its 'American Dream,' a fictional series that intertwined clips from the 'American Bandstand' TV show with characters' lives in the 1960s. The plaintiff obtained a federal-trademark registration for her show's title in 2003. NBC's series aired until 2005, though the network planned to syndicate the series and distribute it on DVD.
The district court first found in the plaintiff's suit that her use of 'American Dream' was suggestive and entitled to higher protection because viewers must use their imaginations to connect the title to the show's concept. But the court then noted: 'Here, neither party has suggested that 'American Dreams' is of no relevance to Defendant's show. The question then is whether the title 'explicitly misleads as to the source or content of the work.' '
Addressing this, the district court explained in part that NBC 'has proffered evidence which demonstrates extensive third-party use of the term 'American dream,' thereby suggesting that the mark is not particularly distinctive in the marketplace ' Among the most important differences [between the plaintiff and the defendant's use of 'American Dream'] is the fact that Defendant's program has only been shown and advertised with its distinguishing NBC logo in the bottom right corner of the screen. ' [In addition, a] review of the record reveals that although both parties produce television programs, their shows are quite different from one another, both in substance and theme. Moreover, Plaintiff's show is broadcast locally and reaches thousands of viewers while NBC's show was broadcast nationally and reached millions of viewers.'
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