Dr. Seuss Enterprises v. ComicMix

Dr. Seuss Enterprises sued ComicMix for copyright and trademark infringement after ComicMix sought to publish a “mashup” of the famous Seuss work “Oh the Places You’ll Go” with characters and elements from the Star Trek franchise. ComicMix ran a Kickstarter campaign to help fund the printing and commercial distribution of their work.

In response to the complaint, ComixMix asserted that its copying of Dr. Seuss’s work was protected by fair use. In a March 2019 order on cross-motions for summary judgment, the Southern District Court of California agreed. Dr. Seuss Enterprises has appealed to the Ninth Circuit.

Ninth Circuit

Amicus briefs in support of Dr. Seuss Enterprises (August 12, 2019)

• Copyright Alliance
• Motion Picture Association of America
• Professors Peter Menell, Shyamkrishna Balganesh, and David Nimmer
• Sesame Works

Dr. Seuss Enterprises opening brief (August 5, 2019)

Southern District Court of California

Order on cross-motions for summary judgment (March 12, 2019)

Order granting in part and denying in part motion to dismiss (June 9, 2017)

Complaint (Nov. 10, 2016)