ANT v. Anthony McPartlin, Declan Donnelly, Gallowgate Holdings Limited, The Gurin Co., John Does 1-10, XYZ Companies 1-10
Published: May 14, 2011 | Result Date: Jul. 9, 2010 | Filing Date: Jan. 1, 1900 |Case number: 2:2009-cv-07672-PSG-RZ Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Jerold Fagelbaum
(Fagelbaum & Heller LLP)
Philip Heller
(Fagelbaum & Heller LLP)
Defendant
Kelli L. Sager
(Davis, Wright & Tremaine LLP)
Facts
ANT was a comedian and entertained who made appearances in several TV shows, on radio, and in-stand comedy performances. He applied to register "ANT" as a trademark with the Patent and Trademark Office in June 2007. Also in that years, The Gurin Co. entered into a contract to create TV show called "Wanna Bet?" which would be hosted by British comedians Ant & Dec. In 2008, the show aired on ABC, until it was canceled shortly thereafter. ANT subsequently sued Gurin, alleging trademark and misappropriation claims.
Result
The court granted Gurin's motion to dismiss and awarded defendant $65,000 in attorney fees. The court found that use of the "ANT" mark by defendant had First Amendment protection.
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