Endless Summer lawsuit exhibits (Photo: Courtesy Photo)

For a person of a certain age from a certain region, there are few things in life more soothing than the opening bars of the theme from "The Endless Summer." That 1966 documentary introduced much of the world to hang-loose surf culture as it followed two surfers on a happy-go-lucky, around-the-world search for the perfect wave, making friends along the way in Hawaii, Australia, Ghana and elsewhere.

But maintaining the IP rights surrounding the film appears to be hard-nosed work, judging from a suit filed Tuesday in the Central District of California. Bruce Brown Films LLC accuses Foot Locker and Nike of having "traded off the good will associated with 'The Endless Summer'" via marketing campaigns that borrow the film's name and elements from its movie poster.

The film company's attorney, Bahram Niknia of Century City's Niknia Law Firm, accuses the apparel companies of trying to "confuse and deceive the public," and is therefore seeking the companies' profits, treble damages, costs and attorney fees.

According to the complaint, Bruce Brown has been dubbed "the [Ingmar] Bergman of the [surf]boards" by Time magazine. He coined the title of the film, which refers to the idea that a person could surf year-round if they were to follow the summer season around the world. Surfer Magazine calls "The Endless Summer" "the greatest surf film ever made," according to the complaint.

Though the film was produced on a shoestring budget, merchandising it has become a substantial business. Brown has registered "The Endless Summer" mark for T-shirts, mugs, sweatshirts, towels, pillow cases, toys, surfboards, skateboards, cruise ship services and, yes, footwear and sporting goods.

Goods and services featuring "combinations of the words 'Endless' and/or 'Summer'" have been widely distributed throughout the United States, the complaint alleges. They also typically feature elements of the movie poster that consists of stylized blue waves with a large orange sun.

From last May through last August, according to the complaint, Foot Locker's "Champs" stores and Nike began a marketing campaign that used the phrase "Endless summer" and orange and blue elements of the movie poster, according to the complaint. The campaign promoted at least six styles of Nike shoes, plus Nike shirts, hats and shorts, according to the complaint.

Because of the campaign, "the public has been and/or is likely to be confused, deceived and/or to falsely believe that there is an association between plaintiff on the one hand, and Footlocker's Champs stores and Nike, on the other," the complaint alleges.

It accuses the defendants of federal and common-law trademark infringement; federal and state unfair competition; false designation of origin; and trademark dilution.