Toho Co. v. William Morrow and Co.
United States District Court for the Central District of California
33 F. Supp. 2d 1206 (1998)

- Written by Sarah Holley, JD
Facts
Toho Co. (plaintiff) created the fictional character Godzilla, a giant prehistoric monster brought to life in the modern world. Toho produced and distributed throughout the world a series of motion pictures based on the Godzilla character and, as a result of its success, licensed others to use the Godzilla character for various merchandising activities. When Tri-Star Pictures agreed to produce another motion picture based on the Godzilla character, Toho licensed to Random House, Inc. the exclusive right to publish a compendium book of the Godzilla films entitled The Official Godzilla Compendium. Toho brought trademark and unfair competition claims against William Morrow and Co. (defendant) after it discovered that William Morrow planned to publish its own compendium book entitled Godzilla! the cover of which featured an illustration of the Godzilla character and title written in the same distinctive lettering as that used by Toho and its licensees. Morrow asserted the nominative-fair-use defense.
Rule of Law
Issue
Holding and Reasoning (Tevrizian, J.)
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