Academy of Motion Picture Arts & Sciences v. Creative House Promotions, Inc.

MEMORANDUM OF DECISION

This case came on for trial before the Honorable Laughlin E. Waters, Senior United States District Judge, on March 14, 1989. John Quinn, David W. Quinto, and Cynthia L. Zedalis appeared on behalf of the plaintiff; Eric Olsen and Irving Faber appeared on behalf of the defendant.

Facts

Plaintiff Academy of Motion Picture Arts and Sciences (the “Academy”) brought this action against Creative House Promotions (“Creative House”) for copyright infringement, false designation of origin under the Lanham Act, unfair competition, and trademark dilution concerning its rights in the “Oscar” statuette.

The Academy was founded in 1927 by a group of film industry leaders. The purpose of the Academy is to advance and promote the motion picture arts and sciences and cultural, educational, and technological progress. Since 1929, the Academy has annually conferred Awards of Merit, known to the public as “Oscars.” Winners are given copies of the Oscar statuette (the “Oscar”). Awards of the Oscar are made during the Academy Awards ceremony, which has been televised annually since 1953. The ceremony is now televised live to approximately 80 million persons in the United…