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06-04-2003, 01:10 PM
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#1 of 142
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Member
Location: Seattle, WA, USA
Join Date: Nov 1999
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Local Date: 09-05-2008
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Spike TV
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from TV Guide: DO THE RIGHT THING: Spike Lee is suing Viacom Inc. over plans to rename their TNN cable channel Spike TV. The filmmaker has asked for an injunction against Viacom's use of the name, The Associated Press reports, citing his consent was never given. "The media description of this change of name, as well as comments made to me and my wife, confirmed what was obvious — that Spike TV referred to Spike Lee," he said in court papers. TNN claims that Spike TV, which would become "the first network for men," is just trying to attract a large male audience with the use of a popular word.
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I guess Josh Whedon could say the same thing. Then again, so could Fonzie's cousin Spike and the Warner Brother's bulldog! 
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06-04-2003, 01:21 PM
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#2 of 142
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Yes, it's a rather silly lawsuit... but I can sort of understand him. I actually associated the name with him myself.
/Mike
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06-04-2003, 01:21 PM
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#3 of 142
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Join Date: Feb 2003
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Spike Jonze, Spike Mulligan, and every person or animal named Spike should band together with Spik Lee in this lawsuit.
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I actually associated the name with him myself.
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I hadn't thought of it until I read this thread.
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06-04-2003, 01:26 PM
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#4 of 142
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I thought of Buffy first. So just the fact that at least 1 person thought of something else should be enough to have the judge toss this out. They should fine Spike Lee too just for taking up the courts time.
Michael Alletto
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06-04-2003, 01:40 PM
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#5 of 142
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Join Date: Feb 2003
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When I think of "the first network for men" Spike Lee does not come to mind even if it is called Spike TV.
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06-04-2003, 02:46 PM
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#7 of 142
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He has no case. If they called it Spike Lee TV he would, but he doesn't as it stands.
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06-04-2003, 02:52 PM
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#8 of 142
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My last name is pronounced like Spiker, and a nickname we have is "Spike" - time to sue!
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06-04-2003, 03:00 PM
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#9 of 142
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And don't forget the original Spike Jones and his Orchestra. Their family should sue Spike Lee for using his name. This guy has an EGO!!!!
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06-04-2003, 03:02 PM
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#10 of 142
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Michael Reuben
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I wonder how many of you opining that there's no case are copyright and trademark lawyers.
This appears to be a Lanham Act case, and there are numerous factors that may affect whether or not other uses of the name "Spike" are applicable. And the fact that one person -- or even a lot of people -- never associated the name "Spike TV" with Spike Lee is far from dispositive.
I once watched a lawyer try to argue to a court that his client's tennis rackets marketed under the name "Seiko" couldn't possibly be thought to be made by the Japanese watch manufacturer. As evidence, he showed that the word had an ordinary usage in Japanese (I forget what it was), and that his client had taken the term from that usage.
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. He also showed that (a) the watch company had major name recognition in the sporting world, due to its advertising and sponsorship of various events, and (b) in a consumer survey, more than 50% of those surveyed thought the tennis rackets were made by the watch company.
The watch company won.
I have no idea who has the better case as between Spike Lee and Viacom, but Lanham Act cases are rarely as simple as the juridical hobbyists on the HTF might like to think.
M.
"Most people never have to face the fact that, at the right time and the right place, they're capable of anything." -- Chinatown
"What kind of movies would there be if everyone in them had to do what we thought they should do?" -- Roger Ebert
HTF Beginner's Primer and FAQ
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06-04-2003, 03:58 PM
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#11 of 142
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