Spike TV (1 Viewer)

LarryDavenport · Jun 4, 2003

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.

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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MickeS · Jun 4, 2003

Yes, it's a rather silly lawsuit... but I can sort of understand him. I actually associated the name with him myself.

Gary->dee · Jun 4, 2003

Spike Jonze, Spike Mulligan, and every person or animal named Spike should band together with Spik Lee in this lawsuit. :rolleyes

I actually associated the name with him myself.

I hadn't thought of it until I read this thread.

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MikeAlletto · Jun 4, 2003

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.

Gary->dee · Jun 4, 2003

When I think of "the first network for men" Spike Lee does not come to mind even if it is called Spike TV.

Christopher P · Jun 4, 2003

I would sue them for being associated with such a crappy network.

Chris

Dan Rudolph · Jun 4, 2003

He has no case. If they called it Spike Lee TV he would, but he doesn't as it stands.

Rob Speicher · Jun 4, 2003

My last name is pronounced like Spiker, and a nickname we have is "Spike" - time to sue!

Peter Kline · Jun 4, 2003

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!!!!

Michael Reuben · Jun 4, 2003

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.

Martin Rendall · Jun 4, 2003

Michael,

While some of the above posters might be talking out their ass from a legal perspective, they most certainly aren't from a common sense perspective. It certainly seems frivolous to me (who has no legal knowledge). Spike Lee? Come on!

Martin.

Michael Reuben · Jun 4, 2003

a common sense perspective

One of the "common sense" propositions I try to follow is that one ought to know the facts before mouthing off with an opinion. So far, no one knows much of anything about (a) how Viacom chose the name, (b) how they plan to market it, (c) what logo(s) they intend to use, (d) whether the programming will be changed and, if so, to what, (e) to what extent the name of the network will be linked to the programming selections and whether such a link will be advertised. All of these factors are relevant to the viability of a Lanham Act claim.

Let's take a deliberately exaggerated hypothetical. Suppose the new "Spike TV" decided to run a programming slate that looked like BET's line-up, obtained Nike as a major sponsor, advertised heavily in publications with a large African-American readership, and adopted a slogan like, "Stop by OUR joint!" Under those circumstances, Spike Lee would have an excellent claim for the unauthorized use of his name. I'd take the case, even though this isn't an area in which I specialize. (Actually, I'd be conflicted out.)

Now, I'm sure the circumstances here aren't nearly as clear-cut. The point is simply that we do not know enough to judge. The claim may turn out to be as ludicrous as some of you suspect. But in the absence of any real information, what's being demonstrated here has very little to do with "common sense".

M.

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Ike · Jun 4, 2003

So far, no one knows much of anything about (a) how Viacom chose the name, (b) how they plan to market it, (c) what logo(s) they intend to use, (d) whether the programming will be changed and, if so, to what, (e) to what extent the name of the network will be linked to the programming selections and whether such a link will be advertised. All of these factors are relevant to the viability of a Lanham Act claim.

A) It was chosen cause it sounds like a man's name. There was a story floating how they chose it.
C) The logo is a signature. The thread about Spike TV has a picture in it.
D) Men's content. New shows, cartoon shows.

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Michael Reuben · Jun 4, 2003

The thread about Spike TV has a picture in it.

What thread? Another HTF thread?

My list was intended to be exemplary, not exhaustive.

M.

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Gary->dee · Jun 4, 2003

I'd like to point out that while performing a simple search I happened upon:

magazine

volleyball supplier

recording studio

science supplies

web hosting

chip design services

t-shirts

and of course

No doubt there are many more. Unless Spike Lee has copyrighted the name "Spike", I think the only person truely coming out of his proverbial ass is Spike Lee.

Michael R. I don't think the example you pointed out is a very good one because in that particular case the name Seiko were both related to companies, Seiko watches and the Seiko line of tennis rackets. Both are manufacturers and unless an individual named Seiko was involved in the case it's apples and oranges.

Martin Rendall · Jun 4, 2003

The point is simply that we do not know enough to judge.

Perhaps true. On the other hand, this thread doesn't dictate any sort of legal policy... it's just a bunch of people... er, mouthing off opinions, which in the end, amount to nothing. I wouldn't get too worked up over it!

Martin.

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DaveBB · Jun 4, 2003

Lets just hope that SpikeTV does away with the damn black bar station logo. If they're TV for guys wouldn't they want to be different than that chickTV station Oxygen which also uses the black bar?

I'm thinking they might because last night 6/3 they were showing Highlander without the black bar and a SpikeTV logo ID.

Even if you hate the network drop them an email urging them not to use the black bar station ID logo.

Also; I wonder if they're still on track to get Deep Space Nine and Voyager? Or will Viacom move it elsewhere?

Michael Reuben · Jun 4, 2003

Gary, the distinction you're trying to draw between companies and individuals is not meaningful under the Lanham Act. And you've reminded me that the tennis racket maker in the Seiko case produced a similar list of logos using the name "Seiko" that were not connected to the watch manufacturer.

On the other hand, this thread doesn't dictate any sort of legal policy

Something for which we can all be thankful.

M.

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Jeff Kleist · Jun 4, 2003

I guess Josh Whedon could say the same thing.

JOSS! JOSS WHEDON!

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PienSavaca · Jun 4, 2003

A gamer nick-named "Sting" was able to keep sting.com away from Gordon Summner (ie Sting) simply because he registered the name FIRST and Sting was not music performer's given name.

Enter Spike TV....

Spike Lee has not previously started anything called "Spike TV" nor is his given name actually 'Spike'. (It's Shelton) What an asshat!

Reminds me of a Bulldog's name anyway.

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