Warner Bros. TV sends cease and desist to Fox over Chris Harrison's 'The Vow' promos

Warner Bros. Television (WBTV), the studio that produces ABC's "The Bachelor", sent a cease and desist letter dated Sept. 18 over promotions for "The Vow", an upcoming Fox Nation dating series hosted by former "Bachelor" host Chris Harrison. 1 2 The letter, which both The Hollywood Reporter and Variety say they obtained, calls the promotions "a plain attempt to capitalize on and 'ride on the coattails' of WB's instantly recognizable intellectual property", in violation of state and federal trademark, copyright and unfair competition laws. 1 2 Cited examples include falling rose petals, an image of a man in a tuxedo holding a rose, the words "the bachelor" on screen, and the reveal of Harrison as host. Variety adds that the letter points to red roses as a central symbol of the franchise and to a thumbnail with a mansion said to evoke the "Bachelor Mansion". 1 2

WBTV said it has no objection to a dating show hosted by Harrison in itself and cannot comment on the series without having seen it, but argued Fox and Lionsgate promoted it "entirely on the back of the Franchise, not on its own merits". 1 2 Fox responded on Sept. 24 that Warner Bros. holds no rights in a "falling roses motif" or in the words "The Bachelor" when used colloquially for a single man, and that the letter focuses "myopically" on certain trailer stills. 1 2 Fox said the letter seeks to restrict Fox Nation and Harrison from promoting a competing show, and accused Warner Bros. of targeting Harrison in a "malicious and vindictive manner". Per Variety, it also called falling rose petals scènes à faire, stock romance elements seen in films such as "American Beauty" and "Moulin Rouge". 1 2

Deadline names the lawyers: Ahassim Rashid, VP and intellectual property counsel for Warner Bros. Entertainment, wrote the cease and desist, and Katherine Moran Meeks, executive VP and general counsel of Fox News Media, replied. 3 Deadline adds that Rashid noted Warner Bros. had licensed the falling-petals motif to third parties for separate advertisements and promotion, and that Fox argued the use of the words "The Bachelor" is protected by the First Amendment as word-play or allusion and cannot support a trademark infringement claim. 3 Deadline reported that Warner Bros. had yet to comment further. 3

Fox's reply ended by urging Warner Bros. to follow the show's "Choose Love" catchphrase and drop "these meritless claims". 1 2 "The Vow" premieres Nov. 11 with six weekly episodes following bachelor Jace Cates dating 10 women. Lionsgate is working with Harrison and Fox on it, and Harrison left "The Bachelor" in 2021 after a controversial exit. 2 1