SAN DIEGO – The creators of book that allegedly uses elements of "Star Trek" and Dr. Seuss books is being sued by the copyright owner of the Dr. Suess works.
Dr. Seuss Enterprises LP filed a complaint on Nov. 10 in the U.S. District Court for the Southern District of California against
ComicMix LLC; Glenn Hauman; David Jerrold Friedman, also known as David Gerrold; and Ty Templeton
citing copyright infringement, trademark infringement and unfair competition.
According to the complaint, the plaintiff alleges that it owns all registered trademarks and copyrighted works of the Dr. Seuss and Theo LeSeig books, goods and merchandise that derived from Dr. Seuss. It alleges the defendants intend to publish an infringing book, "Oh, the Places You'll Boldly Go!," which purports to be an amalgamation of the Dr. Seuss works and elements of "Star Trek," without permission or license from plaintiff.
The plaintiff holds the defendants responsible because the defendants allegedly misappropriated and used the marks in the infringing work with the intent to commercially benefit from the popularity and extensive goodwill associated with plaintiff's work, which it alleges will create confusion among the public as to its origin.
The plaintiff requests a trial by jury and seeks judgment against defendants, enjoin defendants from further infringement, damages of up to $150,000 for every copyrighted work infringed, account and pay over all gains, profits, and advantages from infringement, costs and expenses incurred, attorneys’ fees, and further relief as the court deems just. It is represented by Gina Durham of DLA Piper LLP in San Francisco, Tamar Y. Duvdevani and Marc E. Miller of DLA Piper LLP in New York and Ryan Compton and James Stewart of DLA Piper LLP in Washington.
U.S. District Court for the Southern District of California Case number 3:16-cv-02779