Netflix, Warner Bros fend off Pepperdine lawsuit over 'Running Point' series

By Blake Brittain

April 1 (Reuters) - Netflix NFLX.O and Warner Bros. Discovery WBD.O convinced a federal judge in California to dismiss a lawsuit claiming that their basketball comedy "Running Point" infringed "Waves" trademarks associated with Pepperdine University's athletic program.

U.S. District Judge Cynthia Valenzuela said on Tuesday that the fictional Los Angeles Waves basketball team in "Running Point" did not violate the Malibu, California, school's rights because the show did not use the "Waves" name and logo as trademarks.

Spokespeople for Pepperdine, Netflix and Warner Bros. did not immediately respond to requests for comment on the decision on Wednesday. Valenzuela gave the university permission to amend its complaint.

"Running Point," created by Mindy Kaling, stars Kate Hudson as a "reformed party girl" who is unexpectedly placed in charge of her family's pro basketball team the Los Angeles Waves, according to the Netflix website.

Pepperdine filed its lawsuit before the show began airing last year, arguing that the fictional team's logo and blue-and-orange color scheme are "strikingly similar" to the Pepperdine Waves, who have played NCAA basketball in the Los Angeles area for more than 85 years.

Valenzuela rejected Pepperdine's request to block the show from premiering shortly after the lawsuit was filed. The show's second season is set to begin airing on Netflix later this month.

Netflix and the show's producer Warner Bros. argued that their use of "Waves" branding was protected by the First Amendment of the U.S. Constitution because it was artistically relevant to the show and did not mislead viewers into thinking that Pepperdine was affiliated with it. Valenzuela agreed with the companies on Tuesday in dismissing the complaint.

The case is Pepperdine University v. Netflix Inc, U.S. District Court for the Central District of California, No. 2:25-cv-01429.

For Pepperdine: Andrei Iancu and Robert Sacks of Sullivan & Cromwell

For Netflix and Warner Bros: Dan Petrocelli and Matt Kline of O'Melveny & Myers

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