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Morgan Creek Productions, Inc. v. Capital Cities/ABC, Inc.

1991 WL 352619 (1991)

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Morgan Creek Productions, Inc. v. Capital Cities/ABC, Inc.

United States District Court for the Central District of California
1991 WL 352619 (1991)

SH

Facts

In 1988, Morgan Creek Productions, Inc. (Morgan) (plaintiff) released a successful film entitled Young Guns about six teenage gun fighters who banded together to fight for justice. The film featured young actors and utilized modern themes, language, and rock music. Morgan’s advertising campaign for Young Guns included a poster featuring a photograph of the six principal protagonists in costume with the film’s title and the phrase “Six Reasons Why the West Was Wild” prominently displayed. In 1989, Capital Cities/ABC, Inc. (Capital) (defendant) began airing a television program entitled The Young Riders about six teenage Pony Express riders who banded together to fight for justice. The program also featured young actors and utilized modern themes, language, and rock music. One advertisement for The Young Riders consisted of a poster featuring a photograph of the principal cast in costume with the program’s title and the phrase “When the West was Young and Wild” prominently displayed. Morgan sued Capital for trademark infringement, claiming that Capital’s poster created a likelihood of confusion in violation of the Lanham Act. Capital moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Lew, J.)

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