Remark LLC v. Adell Broadcasting

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

GEORGE CARAM STEEH, District Judge.

I. INTRODUCTION

Plaintiff, Remark, LLC (Remark) brings this action pursuant to the Copyright Act, 17 U.S.C. § 101 et seq. and the Lanham Act, 15 U.S.C. § 1125 et seq. against defendant, Adell Broadcasting Corporation d/b/a WADL-TV (Adell), for allegedly infringing upon Remark’s copyrighted television commercials, which Remark refers to as its “Remarkable Mouth” or “Hot Lips” commercials and for causing confusion as to the source of…