Olshan Defends TD Ameritrade and Havas Against Lions Gate's Claims

Law360 reported on oral argument from Lions Gate Entertainment request to Judge Dean Pregerson of the U.S. District Court in Los Angeles, California to reconsider dismissing the trademark dilution claim against TD Ameritrade Inc., related companies and Havas Worldwide New York. In March 2016, Olshan won dismissal of all trademark and related state law claims in a suit brought against Olshan clients Havas Worldwide New York and various TD Ameritrade entities on the basis of copyright preemption. Lions Gate alleged that the phrase, “Nobody puts your old 401(k) in the corner,” was confusingly similar to the well known quote in the movie Dirty Dancing - “Nobody puts baby in the corner.” Lions Gate now argues that the 2006 Trademark Dilution Revision Act was overlooked and that an outdated definition of trade dilution was used.  Law360 quotes part of Litigation partner Kyle Bisceglie’s argument that Judge Pregerson reached the right decision with his initial ruling dismissing the trademark dilution claim. Kyle states that the TD Ameritrade campaign did not use the “Dirty Dancing” line as a trademark traditionally is used — as a “source identifier” that lets consumers know what company made the product they are purchasing. Litigation partner Kyle Bisceglie and Advertising partner Andrew Lustigman are serving as counsel to TD Ameritrade, related companies and Havas in this matter.