Netflix is in hot water after a fictional basketball team in its new series, Running Point, was accused of trademark infringement by Pepperdine University. The Malibu-based school alleges that the show's visuals appropriate its branding – particularly its signature colours and team mascot – and could lead to "misrepresentations" between the two identities.
While there are some valuable lessons in branding from reality TV, Netflix's latest design controversy proves that on the flipside, sometimes fiction can skirt too close to reality. While the university presents some valid concerns, Netflix has issued a curt response defending the controversial design choices – whether its argument will hold up in the heated trademark battle remains to be seen.
Running Point's fictional basketball team 'The Waves' coincidentally shares its name with Pepperdine University's sports teams alongside a similar blue and orange colour palette. Allegedly, the show's inclusion of the number '37' also infringes on the school's history and heritage mascot. While the crux of the controversy centres around the alleged design parallels, interestingly it's also a matter of morals.
As a proud Christian university, Pepperdine has flagged concerns around Running Point's themes, stating in a press release that the show's "explicit content, substance use, nudity, and profanity" are "inconsistent with Pepperdine’s Christian values and reputation." With concerns that the show's alleged infringement will "cause consumer confusion and falsely suggest an affiliation between Pepperdine and the show," the University is filing for injunctive relief and damages for the misappropriation of its brand.
In response, Netflix attorneys defended the show, claiming it "has nothing to do with universities or college sports, and never mentions or alludes to Pepperdine.” As for the alleged design parallels, Netflix bluntly claims “The Waves name evokes the LA area in which the fictional team plays [...] Waves are blue in real life, so the idea of a blue wave is common.” The streaming service attests that the orange colour palette is merely a result of colour theory, with orange being the naturally contrasting colour opposite blue.
This isn't the only design dispute we've seen as of late – recently Meghan Markle faced an unexpected design controversy after her new logo was accused of appropriating a Spanish town's heritage coat of arms. Similarly, we recently saw a heated design battle between two Universities over who gets the 'D'... logo. For now, it's unclear how Netflix's latest design dispute will be resolved but it remains a poignant reminder of the importance of branding.
