A judge has ruled against the makers of ‘Sesame Street’ after they brought legal action against the distributor of the upcoming Melissa McCarthy movie ‘The Happytime Murders’.
US District Judge Vernon Broderick ruled in New York on Wednesday that distributor STX Productions can continue to use the tagline ‘No sesame. All street’ in promoting the R-rated film, which features Muppet-like puppets in a comedic crime story.
Sesame Workshop sued last week in a bid to end the inclusion of the tagline in promotional materials ahead of the film’s August 17 release.
The company argued the public would be confused and think the movie was supported by ‘Sesame Street’.
A judge ruled in New York on Wednesday against the makers of ‘Sesame Street’ after they brought legal action against the distributor of the upcoming Melissa McCarthy movie ‘The Happytime Murders’
The judge heard arguments before issuing his ruling.
He said Sesame Workshop didn’t demonstrate that moviegoers were confused or that sponsors or parents were complaining.
‘We fluffing love Sesame Street and we’re obviously very pleased that the ruling reinforced what STX’s intention was from the very beginning – to honor the heritage of The Jim Henson Company’s previous award-winning creations while drawing a clear distinction between any Muppets or Sesame Street characters and the new world Brian Henson and team created,’ STX said in statement after the ruling.
Sesame Workshop’s lawsuit had stated: ‘The threat of irreparable injury posed to Sesame’s mark and brand cannot be overstated.’
It tried to argue that it wasn’t made clear in the trailer and in promotional social media posts that they were not involved in the movie, which features puppet characters snorting drugs, committing murder, working as prostitutes, swearing, gambling and engaging in obscene sex scenes.
Taking a stand: The film sees Melissa play a cop, who along with her puppet partner investigates when someone starts killing off the stars of a former hit TV show
The murder-mystery film in question is set in a world where humans and puppets co-exist, much like previous The Muppets movies and the show Sesame Street
The lawsuit stated: ‘Defendants’ widely-distributed marketing campaign features a just-released trailer with explicit, profane, drug-using, misogynistic, violent, copulating, and even ejaculating puppets, along with the tagline ‘NO SESAME. ALL STREET.’
‘Defendants do not own, control or have any right to use the SESAME STREET mark. Instead, they are distributing a trailer that deliberately confuses consumers into mistakenly believing that Sesame is associated with, has allowed, or has even endorsed or produced the movie and tarnishes Sesame’s brand.’
The suit went on to state that if viewers believe Sesame Street was behind the R-Rated movie it will cause ‘irreparable injury to Sesame’s mark and brand.’
Specifically they stated that they would lose the ability to ‘cultivate and maintain trust with its audience of parents and young children.’
‘Defendants threaten to inflict serious, irreparable damage to Sesame’s mark and brand by associating their adult movie with Sesame Street.’
Bad behaviour: Melissa’s character snorts drugs through a liquorice straw in one scene
Sesame Workshop had tried to argue in the lawsuit that it wasn’t made clear in the trailer and in promotional social media posts that they were not involved in the movie
Sesame Workshop had sought a permanent injunction preventing the use of its trademark in connection with the films marketing. They also wanted unspecified damages.
The murder-mystery film in question is set in a world where humans and puppets co-exist, much like previous The Muppets movies and the show Sesame Street.
It is directed by Brian Henson, son of the late Jim Henson, who invented The Muppets.
But unlike films such as Muppet Treasure Island and The Muppet Christmas Carol, which were both also directed by Brian, this film is not affiliated with the official Muppets brand.
The Happytime Murders sees Melissa play a cop, who along with her puppet partner investigates when someone starts killing off the stars of a former hit TV show.
Along with Melissa, the film co-stars Maya Rudolph, Joel McHale and Elizabeth Banks.
The film features puppet characters snorting drugs, committing murder, working as prostitutes, swearing, gambling and engaging in obscene sex scenes
The murder-mystery film (one scene pictured above) is set in a world where humans and puppets co-exist, much like previous The Muppets movies and the show Sesame Street