Warner Bros. and Fox Clash Over 'The Vow' Promos in Trademark Dispute

Key points

• Warner Bros. TV sent a cease-and-desist letter on September 18 to Fox News Media and Lionsgate regarding promotional materials for 'The Vow.'
• The letter, written by Ahassim Rashid, VP of anti-piracy and brand protection for Warner Bros., alleged that the teaser for 'The Vow' used falling rose petals, a man in a tuxedo holding a rose, the words 'The Bachelor,' and a mansion image that evokes the 'Bachelor Mansion.'
• Warner Bros. claimed these elements were 'a plain attempt to capitalize on and ride on the coattails' of its intellectual property and franchise goodwill, violating trademark, copyright, and unfair competition laws.
• Fox News Media responded on September 24, with executive VP and general counsel Katherine Moran Meeks stating that Warner Bros. 'wrongly assumes' it holds rights to falling rose motifs or the colloquial use of 'The Bachelor.'
• Fox News argued that falling rose petals are 'scènes à faire' (stock elements) in the romance genre, citing films like 'American Beauty' and 'Moulin Rouge,' and that the use of 'The Bachelor' is protected speech under the First Amendment.
• Fox News also accused Warner Bros. of targeting Chris Harrison in a 'malicious and vindictive manner' to restrict a competing dating show.

Background

Chris Harrison hosted 'The Bachelor' and its spinoffs from 2002 to 2021, becoming known for announcing the final rose. He left the franchise in 2021 under controversial circumstances. 'The Vow' is his return to the dating format, premiering on Fox Nation on November 11. The show focuses on faith-based love and long-term commitment, featuring bachelor Jace Cates and ten women. Warner Bros. TV produces 'The Bachelor' for ABC, while Lionsgate is working with Harrison and Fox for 'The Vow.'

How outlets are covering it

Deadline, Variety, The Hollywood Reporter, and USA Today all reported on the cease-and-desist letter and Fox News' response. Deadline and The Hollywood Reporter emphasized the specific elements cited in the letter, such as the falling rose petals and the mansion image. Variety highlighted Fox News' argument that the letter was designed to restrict a competing show and called the claims 'malicious and vindictive.' USA Today noted that the 30-second teaser included Harrison stepping over a fallen rose and saying, 'Roses fade, true love lasts forever.' All outlets reported that Warner Bros. had not commented further on the dispute. The Hollywood Reporter noted that the letter was dated September 18, while Fox News' response was dated September 24.

Why it matters

The dispute highlights the ongoing tension between established reality TV franchises and new competitors, particularly when former hosts or producers launch similar shows. It also raises questions about the boundaries of intellectual property in the reality TV genre, especially regarding common motifs like falling rose petals and the use of the word 'bachelor.' The outcome could have implications for how future dating shows are marketed and produced.

What to watch

Warner Bros. TV has yet to comment further on the dispute. Fox News Media has rejected the claims and is expected to proceed with the premiere of 'The Vow' on November 11. The legal dispute may continue, potentially leading to further legal action or a resolution between the two parties.