Legal Opinion

Sporting Times, LLC v. Orion Pictures, Corp.

District Court, W.D. Kentucky

Decided December 13, 2017No. CIVIL ACTION NO. 1:17–CV–00033–GNSPublished

1Opinion of the CourtGreg N. Stivers, Judge

This matter is before the Court on Defendants' Motions to Dismiss (DN 11, 15). The motions have been fully briefed and are ripe for decision. For the reasons stated below, the motions are GRANTED .

I. BACKGROUND

Plaintiffs operate a youth sports publication and hold a registered trademark for their THE SPORTING TIMES mark ("Mark"). (Compl. ¶¶ 13-15, DN 1). The claims in this case relate to Defendants' use of the Mark in conjunction with the release of the movie Spaceman in August 2016.1 (Compl. ¶¶ 17-31). The film is a *820biopic of professional baseball pitcher Bill "Spaceman" Lee. (Defs.' Mem.…

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