« Highsmith v. Getty Images et al | Main | Flo & Eddie v. Sirius XM Settlement »

Dr. Seuss Parody?

By Barry Werbin

There was an interesting new case that was filed on November 10th in the S.D. Cal. by Dr. Seuss Enterprises against a startup comics company, Comicmix LLC, which was seeking funding on Kickstarter for a Dr. Seuss-Star Trek comic mashup publication that copies many characters and background art elements from various Dr. Seuss books, along with Star Trek type characters, in an alleged parody (Seuss-Suit.pdf). The fight began when Dr. Seuss Enterprises served a take-down notice on Kickstarter, Comicmix served a counter-notice citing fair use parody, and Dr. Seuss Enterprises then filed this action for copyright infringement, false designation of origin under the Lanham Act and unfair competition.

Comicmix is looking for pro bono representation.

Here are some the works' images compared in the complaint - the prose text is different. Recall that Dr. Seuss Enterprises previously won a Ninth Circuit high profile case against Penguin over the book "The Cat NOT in the Hat! A Parody by Dr. Juice", because it satirized the OJ Simpson trial but did not parody Dr. Seuss' works themselves, leading the court to reject a parody fair use defense.

So, is this a "transformative" parody?image002.jpgimage004.png image008.png image010.jpg

Post a comment

(If you haven't left a comment here before, you may need to be approved by the site owner before your comment will appear. Until then, it won't appear on the entry. Thanks for waiting.)

About

This page contains a single entry from the blog posted on November 16, 2016 6:07 PM.

The previous post in this blog was Highsmith v. Getty Images et al.

The next post in this blog is Flo & Eddie v. Sirius XM Settlement.

Many more can be found on the main index page or by looking through the archives.