Willamette Law Online  Intellectual Property   Winchester
Mystery House, LLC v. Global Asylum, Inc.  Summarized by:   Date
Filed: 10-24-2012 Case #: H036253 Full Text Opinion: http://scho
lar.google.com/scholar_case?case=10060063460273560791&hl=en&as_s
dt=2&as_vis=1&oi=scholarr   Opinion (Mihara): Winchester Mystery
House, LLC (“Winchester”) owns and operates the “Winchester
Mystery House,” located in San Jose, California. Winchester had
contracted with a third-party film company to produce a film
based on the house. Global Asylum, Inc. (“Global”) subsequently
requested permission from Winchester to shoot a “low-budget
horror film” on the property, but was informed by Winchester
that rights to the home’s story were already contracted out.
Shortly after, Global released a film entitled “Haunting of
Winchester House.” Winchester then filed suit, alleging, among
other claims, trademark infringement with regard to the title of
the film. Global filed for, and was granted summary judgment,
which Winchester appealed.