*
DeLorean trademark owner accused NBCU of underpaying
royalties
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Judge last month rejected NBCU's bid to end case before
trial
(Adds comment from DeLorean in paragraph 3)
By Blake Brittain
March 27 (Reuters) - NBCUniversal has
settled a trademark lawsuit over its continued use of the
classic DeLorean car from "Back to the Future" on merchandise
and tie-ins for the blockbuster film series, according to a
filing in California federal court.
NBCU and DeLorean trademark owner DeLorean Motor Co told the
U.S. District Court for the Central District of California on
Tuesday that they had fully resolved their dispute.
DeLorean attorney Roger Behle of Foley Bezek Behle & Curtis
said on Wednesday that the settlement's terms were confidential,
but "you will continue to see DeLorean cars and trademarks
featured in Back To The Future merchandise in the future."
Representatives for NBCU did not immediately respond to
a request for comment and more details about the settlement on
Wednesday.
The DeLorean DMC-12 sports car famously served as the time
machine in the "Back to the Future" franchise. Universal and
Amblin Entertainment signed an agreement with DeLorean maker
John DeLorean that allowed them to use DeLorean trademarks for
"merchandising and commercial tie-ups" in exchange for 5% of
revenue from them, according to the lawsuit.
The original DeLorean Motor Co went bankrupt in 1982.
Houston, Texas-based car restorer Stephen Wynne bought
DeLorean's assets in 1997, and NBCU began paying royalties to
Wynne's company, which also calls itself DeLorean Motor Co, in
2020.
Wynne's company sued NBCU in 2022, accusing it of failing to
pay the full amount of royalties owed under the contract. The
lawsuit cited the DeLorean's appearances in the film "Ready
Player One," at Universal Studios theme parks, and on
merchandise including toys, posters and lunch boxes.
U.S. District Judge David Carter denied NBCU's bid to end
the case last month and said that DeLorean may have been able to
show at trial that NBCU infringed its trademarks. Carter also
rejected DeLorean's breach-of-contract claim, determining that
DeLorean's estate had not transferred the contract to Wynne's
company.
The case is DeLorean Motor Co v. NBCUniversal Media LLC,
U.S. District Court for the Central District of California, No.
8:22-cv-02189.
For NBCU: Andrew Thomas and Todd Toral of Jenner & Block
For DeLorean: Roger Behle of Foley Bezek Behle & Curtis
Read more:
NBCUniversal must face DeLorean trademark trial over 'Back
to the Future' merchandise
(Reporting by Blake Brittain in Washington)