Judge Reverses on Motion to Dismiss in Lions Gate Trademark Fight

U.S. District Judge Dean Pregerson of Los Angeles granted Lions Gate Entertainment's motion for reconsideration and now is denying the Ameritrade/Havas Worldwide motion to dismiss Lions Gate's trademark dilution litigation, reversing his March dismissal order. In the new order (in Pacer) entered Tuesday, Pregerson said his previous order partially granting the Ameritrade/Havas motion to dismiss did rely -- as Lions Gate argued in its motion for reconsideration (see 1607120017) -- on an outdated statement of law, and the 1006 Trademark Dilution Revision Act now says it isn't necessary to show a junior mark is identical or nearly so to a senior mark. While the Ameritrade/Havas advertising in question used a slogan that was similar to but not identical to the Dirty Dancing line "Nobody puts Baby in a corner," to which Lions Gate holds the trademark rights, that threshold of being identical is no longer applicable as long as they're similar, Pregerson said. Ameritrade didn't comment Wednesday.