Winchester Mystery House v. Global Asylum, Inc.

After defendant Global Asylum, Inc., released its film Haunting of Winchester House (2009), plaintiff Winchester Mystery House, LLC, filed an action alleging unauthorized use of its trademarks ( 15 U.S.C. § 1114 ), unfair competition ( 15 U.S.C. § 1125 (a)), and interference with contract and economic advantage. Defendant brought a motion for summary judgment, which the trial court granted. On appeal, plaintiff contends that the trial court improperly reached a constitutional issue because it failed to engage in the threshold inquiry as to whether plaintiff’s trademarks have become an integral part of the public’s vocabulary. Plaintiff also contends that even if the constitutional issue was properly reached, the trial court erred in its application of the test set forth in Rogers v. Grimaldi (2d Cir. 1989) 875 F.2d 994 (Rogers). Plaintiff further asserts that there were triable issues of material fact in connection with its causes of action for interference with contract and economic advantage. We conclude that the trial court properly granted the motion for summary judgment and affirm.

I. Statement of Facts

Plaintiff is a privately owned company that owns and…