Kirkland v. National Broadcasting Co., Inc.

OPINION

DITTER, District Judge.

The question presented in this case is whether plaintiff has any proprietary rights in a name used by defendant as the title for a TV series. Having concluded that plaintiff abandoned the name, I must grant defendant’s motion for summary judgment.

I. Factual and Procedural Background

In 1933, plaintiff originated and authored a story entitled “Land of the Lost,” which eventually became a radio program broadcast on various networks from 1943 to 1948. 1 During this period, children who listened to the program formed “Land of the Lost” clubs, but these clubs…