Monday, February 20, 2017
Peter B. Shapiro of Baker, Hostetler, discusses whether Matthew Lombardo's play Who's Holiday infringes Dr. Seuss Enterprises's (the rightsholder's) copyright in the popular children's book How the Grinch Stole Christmas, here, for Lexology. At issue: whether the play, which follows the fortunes of Cindy Lou Who after the close of the book, is transformative and a parody. The plaintiff is advancing afair use defense. Link to the complaint here, via the Trademark Blog. Mr. Lombardo filed his suit after the defendant sent cease and desist letters after which the plaintiff cancelled the performances of the play, which were scheduled during the 2016 holiday season.
Background here from the New York Times.