Intellecual Property: Entertainment - Recent Developments

Lemme v. NBC, Inc. (Eastern District of New York, February 1, 2007)

Plaintiff Fails in Suit vs. NBC for Trademark Infringement; Court Finds No Confusion

Plaintiff has a half-hour talk show called “American Dream,” devoted to success stories, on a local cable station. She claimed NBC’s popular TV show, “American Dreams,” infringed on her trademark. NBC offered evidence showing extensive use of the term by third parties, and the court found there was no evidence that Lemme’s mark was distinctive in the marketplace. Moreover, the network’s use of “NBC” with its title, the very different distribution levels of the two programs, and their very different content, suggested prospective viewers would not be confused between the two. Click here for full version.