The name “Cindy-Lou Who” likely invokes thoughts of the holiday season and Dr. Seuss’s beloved How the Grinch Stole Christmas (“Grinch”), which reminds us that the holidays are not all about toys and trinkets. But what happened after the Grinch “carved the roast beast”?
Matthew Lombardo’s play Who’s Holiday! (the “Play”) tells us that story in a script he claims “humorously juxtaposes the rhyming innocence of Grinch with, among other things, profanity, bestiality, teen-age pregnancy, familial estrangement, ostracization and scandal, poverty, drug and alcohol abuse, the eating of a family pet, domestic violence and murder.” The Play is not, he claims in a suit filed in the Southern District of New York on December 27, 2016, “a perfect holiday outing for the family.” Lombardo and Who’s Holiday LLC’s lawsuit seek a declaratory judgment that the Play does not infringe Grinch’s copyright, owned by Dr. Seuss Enterprises, L.P. (“Dr. Seuss”). Lombardo asserts that the Play is a transformative parody, not an adaptation, and is thus a fair use under the Copyright Act, imbuing “Grinch with a character different from that for which Grinch was created.” For example, in the Play we find Cindy-Lou Who, now age 45, living in a broken-down trailer, having just been released from prison. Continue Reading