Spike TV (1 Viewer)

[LarryDavenport]

Sorry Jeff.

I think if TNN showed a picture of SL or clips from his movies SL would have a case. I started this thread because of the seeming arrorgance that SL thinks the world would automatically associate the word Spike with Spike Lee. In a word association game I for one would go Buffy before Lee (I'd probably go Fonzie or Jones/Jonz before I'd go Lee too since I haven't seen an SL movie since X).

 

[Nick Graham]

Spike Dudley should sue immediately...live the good life off of Viacom's money instead of playing jobber to the stars in WWE.

If Lee wins this case in any way, shape, or form, it will be another example of how woefully misguided the justice system has become. Well, I'm off to sue McDonalds over my obesity, and help my grandpa with lung cancer prepare his paperwork for his lawsuit against Phillip Morris.

 

[ClintM]

So we can safely assume that "He Got Game" will NOT be showing up on Spike TV?

 

[Ike]

What thread? Another HTF thread?

My list was intended to be exemplary, not exhaustive.

The other thread.

I was just pointing out the things on your list. I actually agree with you, although I like Spike (Lee, that is).

 

[Michael Reuben]

Thanks for the link. I hadn't looked at that thread for a while.

M.

 

[Dan Rudolph]

Spike Lee would have a case if he could show the name is associated strongly and near-exclusively with him. i.e. if he coudl demonstrate he's the first thing people think of when they hear "spike." This is how the Seiko case went. However, per the examples here, this is not a credible claim.

 

[Randall Dorr]

From IMDB:

Then the watch company's lawyer stood up and help up one of the tennis rackets, which had the exact same lettering as the Seiko watch logo.

This is the linchpin to me.

 

[Jack Briggs]

That's a good one!

 

[MikeAlletto]

Spike isn't even his real name...isn't it Spencer or something? So can I go to the craft store named Michael's and sue them because people think I own the store because my first name is Michael?

Or how about this, there is a restaurant in NY I believe called Alletto's. Thats my last name, can I sue them for using my last name? Afterall people will think I own the restaurant.

I could see if TNN changed their name to the symbol Prince uses for his name, but not a normal name like Spike. If so everyone could be sueing every company and network everytime someones name collided.

When I think of Mars Blackman I think of the candy bar the Mars Bar. Why didn't Nestle (or whoever makes that candy bar) sue Spike Lee for use of the name Mars? Its basically the same thing, its just that Lee I guess needs some money so he figured "hey, why not."

 

[Martin Rendall]

I wonder if Spike Lee is practicing his brand new signature that he's always had...

Martin.

 

[MickeS]

Spike TV is really getting some good advertising out of all this at least.

 

[Gary->dee]

I did some research on the Lanham Act and it primarily concerns trademark infringement. I'm aware that Spike Lee has a clothing company(or at least did at one point) but I don't think he actually had his name trademarked. I could be wrong!

Like others, I also like some of Lee's movies but in this case there's 40 acres and a mule named Spike.

 

[Michael Reuben]

but I'm not sure the cited case is a good example

It was meant only as an example of how these cases turn on a detailed review of the specific products, the relevant marketplace and all aspects of the marketing techniques involved -- something that no one here is in a position to do. I agree, though, that Spike Lee's lawyers had better have something as convincing as the lettering on that tennis racket, or they'll have an uphill battle. At this point, they're probably still developing evidence.

M.

 

[Michael Reuben]

(a) Civil action

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--

(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or

(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities,

shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

Doesn't require trademark registration and doesn't require that a name be unique. It really is as broad as it looks. (And that's just the federal statute; there are all sorts of state laws that cover similar territory.)

M.

 

[Gary->dee]

I gotcha, Michael, it's pretty much a case of proving in court that confusion exists on the part of person to mistake an affiliation between products, services or goods and the director.

As I mentioned, upon knowing of Spike TV by seeing the ads and such it didn't bring Spike Lee to my mind, however, this group of tenors sure did.



Three Mo' Tenors > Mo' Better Blues?

Wouldn't this fall under the same catagory? I certainly think of Spike Lee when I see ads for this trio.

 

[Dan Rudolph]

Spike Lee got an injunction, but has been ordered to put up a $500,000 bond that Viacom gets if he loses at trial. Story can be found here.

 

[DeathStar1]

I actually thought it was refereing to Volleyball as in 'Spike the ball' type saying. I didn't think of Spike Lee either untill I saw this news bit on the radio.

 

[Peter Kline]

What a waste of taxpayers money. Stupid judge, stupid lawsuit. Viacom will appeal and Spike TV will debut on time anyway.

 

[GlennH]

I read an editorial on this the other day:

http://www.post-gazette.com/columnis...tony0610p5.asp

 

[MikeAlletto]

Spike's wife, a lawyer -- aha! there's the problem -- agreed with her husband that as soon as she heard "Spike TV," she immediately thought of him.

Well of course she immediately thought of him. She's married to him!

I hope when Viacomm wins they take the 500k and turn around and counter sue Lee for possible lost profits because they have to delay their name change.