CoComelon is a popular animated series made for a preschool audience. BabyBus created a knock-off show, Super Jojo. The creators of CoComelon sued BabyBus for copyright infringement and the case proceeded to trial.
Plaintiffs retained Horvitz & Levy to help prepare and argue jury instructions, verdict forms, and trial briefing asserting the star character of CoComelon—JJ—was entitled to broad copyright protection. The district court largely adopted plaintiffs’ proposals, and the jury returned a verdict for $17.7 million in damages.
Horvitz & Levy helped oppose defendants’ motions for a new trial and for judgment as a matter of law, which the district court denied. The district court granted plaintiffs’ motion for an additional $6.6 million in fees and costs. Defendants appealed, primarily challenging the jury instructions. While the appeal was pending, defendants paid the judgment in full.
Horvitz & Levy helped prepare the appellees’ answering brief on appeal. The Ninth Circuit adopted the appellees’ arguments and affirmed. The Ninth Circuit agreed that the jury instructions adequately distinguished between protected and unprotected elements of the CoComelon works. The Ninth Circuit also agreed there was no error in the district court’s guidance on the scenes a faire and merger doctrines; no error in the district court’s decision to recognize JJ as entitled to broad copyright protection; and no error in the district court’s selection and arrangement instruction.
Moonbug v. BabyBus 
