Separate names with a comma.
Discussion in 'TV Shows' started by LarryDavenport, 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.
Spike Jonze, Spike Mulligan, and every person or animal named Spike should band together with Spik Lee in this lawsuit.
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.
When I think of "the first network for men" Spike Lee does not come to mind even if it is called Spike TV.
I would sue them for being associated with such a crappy network.
He has no case. If they called it Spike Lee TV he would, but he doesn't as it stands.
My last name is pronounced like Spiker, and a nickname we have is "Spike" - time to sue!
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!!!!
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.
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!
I'd like to point out that while performing a simple search I happened upon:
chip design services
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.
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?
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.
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.