(1997) Tags: Columbia
Miramax Films Corp. v. Columbia Pictures Entertainment, Inc.
Miramax Films Corp. sues Columbia Pictures Entertainment, Inc., and Mandalay Entertainment, Inc., for unfair competition under Section 43(a) of the Lanham Act, for common law unfair competition, and for trademark infringement.
Plaintiff moves preliminarily to enjoin defendants from conducting an allegedly false and misleading advertising campaign for the motion picture “I Know What You Did Last Summer”, which defendants produced and are distributing throughout the world. Plaintiff complains that defendants’ advertising campaign falsely designates “Summer” as originating from the same “creator” as the motion picture “Scream,” a motion picture that plaintiff developed and distributed.
Plaintiff’s grievance is that defendants are seeking to profit from the popularity of “Scream” by inducing potential viewers of horror movies to patronize “Summer” in the false belief that it originated from the same source as “Scream” and is associated with “Scream.” Defendants oppose plaintiff’s motion on the ground that plaintiff has failed to establish that the advertisements are misleading and has failed to show irreparable harm.