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Netflix Basketball Show Faces Trademark Challenge
How the streaming giant prevailed against Pepperdine University đź“ş
Sideline Sports Law
March 06, 2025
Reputation is everything.
Especially if you’re a self-described “prestigious” university committed to “academic excellence and Christian values.”
Enter Pepperdine University (home of the “Waves” sports teams).
Netflix’s most recent comedy basketball show premiered last week. Produced by Warner Brothers, the series features Kate Hudson as president of the Los Angeles Waves, a fictional pro basketball team.
Enter Running Point.
Can you guess what happens next?
Pepperdine filed a complaint with a temporary restraining order against Netflix and Warner Brothers in an attempt to block the show from streaming.
The university pointed to, inter alia, the likelihood of consumer confusion because of similarities between the school and the series.
Here’s the full breakdown:
Breaking Down The Complaint (with pictures!)
Parties
Plaintiff (on offense): Pepperdine University
Defendants (on defense): Netflix and Warner Bros Entertainment
Pepperdine’s allegations (with screenshots from the complaint)
In its 36-page complaint (which you can read here), Pepperdine alleges the following:
Running Point uses Pepperdine’s marks
Similarities have caused and are likely to cause confusion
Defendants’ use of Pepperdine’s marks does not align with Pepperdine’s values
“Coincidences” arise throughout the show and are designed to associate the show with the school
Defendants have marketed the show to similar consumers
Defendants knew or should have known about the asserted trademarks
Here are the major arguments Pepperdine makes for each allegation:
Running Point uses Pepperdine’s marks
The Running Point depicts a team called the “Waves” — the same name as Pepperdine’s sports teams
The logos, branding, and colors between the two are “strikingly similar”
Similarities have caused and are likely to cause confusion
Running Point is likely to deceive the public into believing that the series originates from, is associated with, or is affiliated with Pepperdine
It is difficult not to draw similarities between the fictional "Waves” team and Pepperdine’s marks
A Twitter user already pointed out the similarities between the show and the school’s logos:
Defendants’ use of Pepperdine’s marks does not align with Pepperdine’s values
Pepperdine is a prestigious university with Christian morals
The series is filled with risqué, inappropriate and illegal behavior
There are numerous references to alcohol, use of drugs, sexually charged images, and foul and derogatory language
Running Point’s use of Pepperdine marks will dilute, tarnish, and disparage the university’s reputation and marks
“Coincidences” arise throughout the show and are designed to associate the show with the school
Running Point’s team and Pepperdine’s basketball team are both called the “Waves”
Both teams play in Los Angeles
Both teams use blue, orange, and white
Both teams have a #37 jersey — which is special to Pepperdine because (a) its founding year is 1937 and (b) its mascot, Willy the Wave, wears #37
The series uses coastline imagery that is similar to Pepperdine’s location in Malibu near the Pacific Ocean
Defendants have marketed the show to similar consumers
Netflix and Warner Bros have intentionally marketed Running Point to sports fans — and specifically basketball fans— who are likely to draw (unwanted) associations between the school and the show
If Running Point sells merchandise, it will exacerbate consumer confusion about the origin of the products
Defendants knew or should have known about the asserted trademarks
There were Pepperdine marks displayed in a conference room at the Staples Center
At least 46 Pepperdine alumni have worked at Netflix, at least 79 alumni at Warners Bros, and at least 6 alumni have worked for the Lakers
A simple Google search would have identified Pepperdine’s marks
Searching “Los Angeles Waves basketball” immediately results in Pepperdine-related articles
Order From The Court
With the series set to premiere on Thursday, February 27, Pepperdine moved for a temporary restraining order to block the show from streaming.
In an eight-page order published late on Wednesday, February 26, U.S. District Judge Cynthia Valenzuela denied the school’s TRO.
Does the Rogers test apply?
In her order, Judge Valenzuela begins her discussion by analyzing whether the Rogers test applies in this dispute. Without going too far down a trademark rabbit hole, generally speaking under the Rogers test, a trademark used in an expressive work enjoys protection under First Amendment free speech unless it (i) is not artistically relevant to the work or (ii) explicitly misleads the consumers about the source or content of the work.
After an in-depth analysis, Judge Valenzuela found that the Rogers test does, in fact, apply here.
Applying the Rogers test
Judge Valenzuela analyzed both prongs of the Rogers test in her order, holding:
Defendants’ use of the "Waves” marks has at least some artistical relevance to the show
Defendants’ use of the “Waves” marks does not explicitly mislead consumers regarding the source of the work
Therefore, Judge Valenzuela stated, the Lanham Act does not apply and since Pepperdine cannot succeed on its trademark infringement claims, the school’s temporary restraining order is denied.
What’s next for Pepperdine?
Despite the loss in court, Pepperdine isn’t done fighting to protect their IP. Sean Burnett, Pepperdine’s SVP and CMO, said the university will continue their legal battle and believes the school will “ultimately prevail.”
Looking Ahead + My Thoughts
I feel like all of this could have been avoided.
On one hand, I understand it’s important to have full creative control when creating a series like Running Point. I’m sure the producers carefully consider every detail — including the team name, colors, logos, jerseys, etc.
On the other hand, even though the judge ruled for Netflix and Warner, I was genuinely surprised by the various ways the LA-based series and school overlap.
Perhaps Warner Bros and Netflix knew any pushback from Pepperdine wouldn’t be an issue. Maybe they weren’t worried about any IP or trademark claim. As far as I know, Netflix and Warner had in-house attorneys who gave them the green light and ensured them any IP challenge wouldn’t be an issue.
But it feels a little risky to me. Especially when you have attorneys from a top Big Law firm fighting to prevent your series from streaming a day before it premieres.
I’m no IP lawyer or expert, so I’d be curious to hear what you guys have to say.
But I’d imagine changing the name from “Waves,” rebranding the logo, or choosing a different color scheme could have avoided this headache of a trademark challenge.
Conversation Starters 🗣️
NHLPA, Boston College Team Up For Education Program 🏒
The NHL Players Association announced a program with Boston College’s Woods College of Advancing Studies that will allow NHL players to more easily obtain or finish their degree. The NHL reported more than one third of its players played college hockey, with a majority of players leaving before completing their degrees. One of the program’s alumni? Former Boston mayor and current NHLPA executive director Marty Walsh.
ACC, Clemson, and Florida St. Settle Litigation 🤝
The conference and universities announced they resolved all ongoing legal disputes, will dismiss all pending lawsuits, and the Tigers and Seminoles will remain full members of the ACC. Part of the settlement features an additional revenue distribution model based on viewership — adding a component directly focused on annual football and men’s basketball viewership. The judges presiding over the litigation still must approve the settlement which, according to Sportico, is very likely to occur.
Now I’ve got to give Running Point a watch (and try not to think about the trademark challenge the entire time).
It’s almost bracket season. The madness is just a few weeks away…
Happy March,
Duggs
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