The fight over TD Ameritrade Dirty Dancing
-parodying ad is back.
Yesterday a federal judge ruled in favor of Lionsgate
on reviving a claim about trademark dilution, and that ruling effectively revives the lawsuit, Eriq Gardner of the Hollywood Reporter reports
. In March the same federal judge threw out
Lionsgate's trademark infringement allegations in the case.
The suit stems from a TD Ameritrade ad which parodies the 1987 movie Dirty Dancing
. The cartoon ad shows a man picking up a piggy bank, in the same way that Patrick Swayze picked up Jennifer Grey in the movie. Then on-screen text and voiceover in the ad says "Nobody puts your old 401(k) in the corner", reminiscent of the "Nobody puts Baby in a corner" line from the movie -- but with more 401(k) rollovers involved.
This latest ruling, in the words of the judge, means that Lionsgate's lawsuit "survives the Motion to Dismiss."
Neil Anderson, Managing Editor
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