In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court decision changes everything.
Watch this episode on the Weintraub YouTube channel.
Show Notes:
Scott: What happens when a Christian university's proud athletic legacy collides with the creative freedom of Hollywood? That's the question at the heart of Pepperdine University versus Netflix, a trademark dispute centered around the name Waves. Pepperdine lost its initial attempt to block the release of Netflix basketball comedy ‘Running Point.’ Very funny television show. But the fight is far from over. Now the court must decide whether Netflix use of the Waves mark is protectable artistic expression or actionable infringement. And it all comes down to a legal test some thought was subtle law until the Supreme Court rocked the waters in Jack Daniels versus VIP Products.
I'm Scott Hervey, a partner at Weintraub Tobin, and I'm joined today by my partner, Richard Buckley. We are going to unpack this battle over brand identity, free speech, and college sports on this episode of the Briefing. Richard, welcome back to The Briefing. Good to have you.
Richard: It's great to be here again.
Scott: Yeah. Did you watch Running Point?
Richard: I have not.
Scott: Okay, well, you are missing out. You should watch it. It's quite funny.
Richard: I feel like I must now.
Scott: All right, let's get into this. So let's start with the basics. What's this case about, Richard?
Richard: So Pepperdine's athletic teams have been known as the Waves since 1937. Netflix and Warner Brothers released a scripted comedy series called Running Point, featuring a fictitious professional basketball team named the Los Angeles Waves. The university sued, claiming trademark infringement and false designation of origin under the Lanham act, among other things.
Scott: Pepperdine raised several issues in the complaint. First, they argued that the fictional Los Angeles Waves team, which, by the way, is not a collegiate team. It's a like an NBA league team, uses the word Waves with a strikingly similar font to Pepperdine's registered marks. Pepperdine also contended that the colors used by the fictional team were similar to Pepperdine's and that both marks were used in athletic context. Pepperdine specifically pointed out that an image in the Running Point trailer included a frame jersey with the number 37, which they believe references Pepperdine's founding year of 1937. Coincidence? I don't know. But perhaps most importantly, Pepperdine was concerned about reputational harm. They argued that the themes and Running Point, including excessive alcohol and substance use, sexual innuendos in imagery and foul language and other content, didn't align with Pepperdine's Christian values and would negatively impact the university's reputation.
Richard: So Pepperdine sought a temporary restraining order, a tro, to block the release of Running Point, which premiered on February 27, 2025. The university argued that the use of Waves, along with similar color schemes in a jersey number 37, would confuse viewers and damage Pepperdine's reputation. As you previously mentioned, the court denied the TRO for finding that Pepperdine was unlikely to succeed on the merits of its trademark claims because the use of Waves fell under the Rogers test, which protects expressive works unless the use is irrelevant or is explicitly misleading.
Scott: Right. We. We previously covered the court's ruling on the tro, so we're not going to delve into that too deeply. You can. We'll include a link to that episode in the show notes here. So. So after the show aired,