California Court of Appeal

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Winchester Mystery House, LLC v. Global Asylum, Inc., H036253

In plaintiff's suit for unauthorized use of its trademarks, unfair competition, and interference with contract and economic advantage, against a filmmaker for the use of "Winchester House" in its title, trial court's grant of defendant's motion for summary judgment is affirmed where: 1) if marks have historical significance and similar marks are used in the title of an artistic work or advertising, the Rogers test adequately ensures protection of both the public interest in avoiding consumer confusion and the public interest in free expression, and here, defendant's film title satisfies both prongs of the Rogers test; and 2) the trial court properly granted summary judgment as to the interference causes of action, because the evidence would not allow a reasonable trier of fact to find in favor of plaintiff as to these causes of action.

Appellate Information

  • Decided 10/24/2012
  • Published 10/24/2012

Judges

  • Mihara

Court

  • California Court of Appeal

Counsel

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