LOS ANGELES (CN) – Summit Entertainment, which owns rights to the “Twilight” vampire series, claims a California consultant has posted “fake casting calls” for its movies on his website.
Summit Entertainment sued Tom Markson dba TM Consulting for copyright and trademark violations and unfair competition, in Federal Court.
Summit says Markson operates out of San Mateo, Calif., and Honolulu.
Summit produced and distributed the popular “Twilight” vampire movies, three of which have been released, with a fourth in the works.
It claims that Markson registered the Internet domain name twilight.com in 1994, but altered his website “in a variety of ways” after the success of the “Twilight” movies.
“Summit learned that defendant is using the Twilight intellectual property on his website in a variety of ways, including posting links to download Twilight recordings, posting links for unauthorized Twilight contests and fake casting calls for the Twilight motion pictures, posting copyrighted material owned by Summit on defendant’s Web site as the Web site’s banner, linking the Web site to other Web sites featuring Summit’s copyrighted material, otherwise using Summit’s Twilight Marks on his Web site, and leading consumers to believe that they had reached the official Twilight Motion Picture Web site,” the complaint states.
Summit says Markson makes money from his website by using click-through ads, sponsored links and affiliate programs. It says it sent him two cease-and-desist letters in April 2009.
“Thereafter the parties discussed Summit’s claims to attempt to resolve the matter with no resolution,” Summit says.
“Defendant has not ceased his unlawful activities, and defendant’s website business continues to infringe and otherwise violate Summit’s Twilight intellectual property.”
Summit wants Markson ordered to take down all the infringing material from his website, and punitive damages for false designation of origin, trademark infringement, trademark dilution, unfair competition and copyright infringement.
Summit is represented by Jill Pietrini, with Manatt, Phelps & Phillips.