Arenas v. Shed Media U.S. Inc.

881 F. Supp. 2d 1181, 39 Media L. Rep. (BNA) 2535, 2011 WL 8427612, 2011 U.S. Dist. LEXIS 101915
CourtDistrict Court, C.D. California
DecidedAugust 22, 2011
DocketCase No. CV 11-05279 DMG (PJWx)
StatusPublished
Cited by3 cases

This text of 881 F. Supp. 2d 1181 (Arenas v. Shed Media U.S. Inc.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arenas v. Shed Media U.S. Inc., 881 F. Supp. 2d 1181, 39 Media L. Rep. (BNA) 2535, 2011 WL 8427612, 2011 U.S. Dist. LEXIS 101915 (C.D. Cal. 2011).

Opinion

ORDER RE PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND DEFENDANT’S MOTION TO STRIKE

DOLLY M. GEE, District Judge.

This matter is before the Court on Plaintiff Gilbert J. Arenas, Jr.’s Motion for Preliminary Injunction and Defendant Shed Media U.S. Inc.’s Motion to Strike. A hearing was held on August 22, 2011. Having duly considered the respective positions of the parties, as presented in their briefs and at oral argument, the Court now renders its decision. For the reasons set forth below, Plaintiffs Motion is DENIED and Defendant’s Motion is GRANTED.

I.

PROCEDURAL HISTORY

On June 23, 2011, Arenas filed this action against Defendants Shed Media, Laura Govan, and Does 1 through 10. On July 25, 2011, Arenas filed a Motion for Preliminary Injunction [Doc. # 18]. Shed Media filed its Opposition on August 2, 2011 [Doc. # 22], On August 9, 2011, Arenas filed his Reply [Doc. # 26].

Shed Media filed a Motion to Strike Arenas’ right of publicity claims under California’s anti-SLAPP statute, Cal. Civ. Proc. Code § 425.16, on August 1, 2011 [Doc. # 19]. Arenas filed his Opposition on August 8, 2011 [Doc. # 25], On August 15, 2011, Shed Media filed its Reply [Doc. #27],

II.

FACTUAL BACKGROUND

Arenas is a professional basketball player for the Orlando Magic who goes by the nicknames Agent Zero, Agent Arenas, and Hibachi. (Arenas Deck ¶ 2.) He has played in the National Basketball Association (“NBA”) since 2001, where he was [1187]*1187named an NBA “All-Star” three times and received the 2003 “NBA Most Improved Player Award,” among other accolades. (Id. ¶¶ 3-5.) Arenas and Govan were previously in a romantic relationship and have four children together. Their relationship has since ended. (Id. ¶ 7.)

Shed Media produces the Basketball Wives series, which airs on the VH1 network. (Demyanenko Decl. ¶ 2.) It comprises a cast of women, most of whom have or have had a romantic relationship with a professional basketball player. The show is about the women’s relationships with one another and their lives. (Id. ¶ 3.) Although basketball players are mentioned as part of the storyline insofar as they are part of the women’s lives, players that do not appear on the show as cast members are not themselves the focus of the storyline. (Id. ¶ 4.) A spinoff of the Basketball Wives series, Basketball Wives: Los Angeles (“BWLA”), is scheduled to air for the first time on August 29, 2011. BWLA will follow the general parameters of the Basketball Wives series. (Id. ¶ 6.)

Govan will appear on BWLA. (Id.) Arenas has not authorized Govan to use his identity or trademarks. (Arenas Decl. ¶ 8.) BWLA’s press releases describe Go-van as the sister of Gloria Govan, the fiancée of Los Angeles Lakers player Matt Barnes. (Acord Decl. ¶ 4.) Although the press releases cite Govan’s “kids and brand new baby,” they do not refer to Arenas. (Id.)

Arenas raises four causes of action against Shed Media and Govan under the Lanham Act, 15 U.S.C. § 1125, for trademark infringement, trademark dilution, false advertising, and false endorsement. In addition, Arenas charges Defendants with common law and statutory misappropriation of likeness and right of publicity, Cal. Civ. Code § 3344, as well as violations of California’s Unfair Competition Law (“UCL”), Cal. Bus. & Prof. Code § 17200.

III.

LEGAL STANDARDS

A. Preliminary Injunctions

A plaintiff seeking injunctive relief must show that (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in his favor; and (4) that an injunction is in the public interest. Toyo Tire Holdings Of Ams. Inc. v. Cont’l Tire N. Am., Inc., 609 F.3d 975, 982 (9th Cir.2010) (citing Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008)). An injunction is also appropriate when a plaintiff raises “serious questions going to the merits,” demonstrates that “the balance of hardships tips sharply in the plaintiff’s favor,” and “shows that there is a likelihood of irreparable injury and that the injunction is in the public interest.” Alliance for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir.2011) (quoting Lands Council v. McNair, 537 F.3d 981, 987 (9th Cir.2008)). An injunction is an exercise of a court’s equitable authority, which should not be invoked as a matter of course, and “only after taking into account all of the circumstances that bear on the need for prospective relief.” Salazar v. Buono, 559 U.S. 700, 130 S.Ct. 1803, 1816, 176 L.Ed.2d 634 (2010).

B. Anti-SLAPP Motions

California’s statute prohibiting Strategic Lawsuits Against Public Participation (the “anti-SLAPP statute”), Cal. Civ. Proc. Code § 425.16, provides a mechanism for the “early dismissal of meritless lawsuits ' aimed at chilling expression through costly, time-consuming litigation.” Northon v. Rule, 637 F.3d 937, 938 (9th Cir.2011) (citing Gardner v. Martino, 563 F.3d 981, 986 (9th Cir.2009)). Under the [1188]*1188anti-SLAPP statute, defendants may bring a special motion to strike a cause of action, which should be granted if (1) the cause of action arises from any act by the defendants in furtherance of their free speech rights under the federal or state constitution; (2) the act is “in connection with a public issue”; and (3) the plaintiff fails to establish a probability that he will prevail on the claim. Cal. Civ. Proc. Code § 425.16(b)(1).

To establish a probability of prevailing on a claim, the plaintiff must meet a standard “comparable to that used on a motion for judgment as a matter of law.” Price v. Stossel, 620 F.3d 992, 1000 (9th Cir.2010) (citing Metabolife Int’l, Inc. v. Wornick, 264 F.3d 832, 840 (9th Cir.2001)). Thus, the plaintiff “must demonstrate that the complaint is legally sufficient and supported by a prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited.” Id. (quoting Metabolife, 264 F.3d at 840) (internal quotation marks omitted).

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881 F. Supp. 2d 1181, 39 Media L. Rep. (BNA) 2535, 2011 WL 8427612, 2011 U.S. Dist. LEXIS 101915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arenas-v-shed-media-us-inc-cacd-2011.