Miramax Films Corp. released a movie in the United States called Scream, which had been directed by

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Miramax Films Corp. released a movie in the United States called Scream, which had been directed by Wes Craven, an internationally renowned director of horror movies. A year later, Columbia Pictures released I Know What You Did Last Summer in the United States. Shortly before the release, Miramax discovered that Columbia was marketing Summer as "From the Creator of Scream." The only link between Scream and Summer is the screenwriter Kevin Williamson. Williamson wrote an original screenplay for "Scream" and adapted a novel by another author for the screenplay of Summer. In the advertisements, Williamson's name appeared in the small-print "credit block" of Summer, but he was never named or otherwise identified as the "creator" to whom the advertisements refer.
Miramax filed suit against Columbia, alleging that Columbia was trying to profit from the popularity of Scream by inducing potential viewers of horror movies to see Summer in the false belief that it originated from the same source as Scream. Miramax seeks a preliminary injunction against further use of the advertising. Should the court grant the relief requested to Miramax? Why, or why not?

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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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