Question
Jody Sun writes popular romance novels and frequently directs blockbuster movies made from these books. Jody is so famous that fans are drawn to her
Jody Sun writes popular romance novels and frequently directs blockbuster movies made from these books. Jody is so famous that fans are drawn to her works without needing to know the basic plot of the novel or cast for the movie.
She sold the film rights to her novel, "Infringement Time," to The Creepmeyer Co. Jody also contracted to direct the movie adaptation of the novel for Creepmeyer. After hiring a cast and crew and picking locations, Creepmeyer and Jody reached irreconcilable differences. Jody was distraught because the studio replaced the book's grim ending with a happy one. Creepmeyer and Jody agreed to terminate her contract to direct the movie. Creepmeyer then employed another director to direct the Infringement Time film.
To promote the movie, Creepmeyer is now putting up billboards that describe the movie as "a Jody Sun film" and "based on Infringement Time by Jody Sun." Consumers understand "a Jody Sun film" to mean that the film was directed by Jody. Consumers also understand the words "based on" to mean that the film may vary from the underlying work. Jody files a false advertising action under the Lanham Act, seeking an injunction against both uses of her name. Will she succeed? Why or why not?
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