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Television Shows and Trademark Protection

By ALM Staff | Law Journal Newsletters |

The U.S. District Court for the Eastern District of New York dismissed a federal trademark-infringement action filed over NBC's use of the title 'American Dream' for a TV series. Lemme v. National Broadcasting Co. Inc., 04-CV-2501 (DRH)(WDW). Since 1997, the plaintiff hosted an 'American Dream' regional cable show that 'demonstrat[es] the American Dream by emphasizing ' family heritage, struggles, goals, dreams and accomplishments.' In 2002, NBC began broadcasting its 'American Dream,' a fictional series that intertwined clips from the 'American Bandstand' TV show with characters' lives in the 1960s. The plaintiff obtained a federal-trademark registration for her show's title in 2003. NBC's series aired until 2005, though the network planned to syndicate the series and distribute it on DVD.

The district court first found in the plaintiff's suit that her use of 'American Dream' was suggestive and entitled to higher protection because viewers must use their imaginations to connect the title to the show's concept. But the court then noted: 'Here, neither party has suggested that 'American Dreams' is of no relevance to Defendant's show. The question then is whether the title 'explicitly misleads as to the source or content of the work.' '

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