Texas attorneys are willing to suggest:

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etaoin22
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Texas attorneys are willing to suggest:

#1 Post by etaoin22 » Mon Jan 19, 2009 9:01 am

It seems , that:
Spoiler
The general public can't tell the difference between American Idol and a strip club contest.

http://blog.inmusic.ca/inmusic/2009/01/ ... -dumb.html

I suppose these days performers with stage names like Fran Sinatra and Deenie-Jo Martin (I am trying to channel what the real stage names were, but I was only 8 then -- couldn't get in) would be in real trouble.

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Re: Texas attorneys are willing to suggest:

#2 Post by DaveSenior72 » Mon Jan 19, 2009 9:11 am

You mean...that girl that was dancing as "McPhever" wasn't really Catherine Mcphee??? I'm SO crushed!! :mrgreen:
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Re: Texas attorneys are willing to suggest:

#3 Post by VAdame » Mon Jan 19, 2009 9:24 am

I suppose these days performers with stage names like Fran Sinatra and Deenie-Jo Martin (I am trying to channel what the real stage names were, but I was only 8 then -- couldn't get in) would be in real trouble.
Or Forrest Gump's "Bobbie Dylan!"

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Re: Texas attorneys are willing to suggest:

#4 Post by TheConfessor » Mon Jan 19, 2009 12:35 pm

If you happen to be in Austin Texas and you come across the Palazio Men's Club Stripper Idol contest, FremantleMedia wants you to know that the amateur stripper contest is in no way affiliated with American Idol – in case you get confused.
Palazio is about a mile from my house. I suppose I should probably go do some research, just to keep abreast of pop culture news.

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Re: Texas attorneys are willing to suggest:

#5 Post by BackInTex » Mon Jan 19, 2009 1:25 pm

TheConfessor wrote:
If you happen to be in Austin Texas and you come across the Palazio Men's Club Stripper Idol contest, FremantleMedia wants you to know that the amateur stripper contest is in no way affiliated with American Idol – in case you get confused.
Palazio is about a mile from my house. I suppose I should probably go do some research, just to keep abreast of pop culture news.
I hear some of our border control agents moonlight there.
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Re: Texas attorneys are willing to suggest:

#6 Post by silverscreenselect » Mon Jan 19, 2009 1:28 pm

There is nothing wrong with this law suit. Trademark law prevents the unauthorized use of a trademark by anyone, and that includes someone illegally using a trademark to imply that the company that owns the trademark has endorsed their product. To the extent that strip clubs or anyone is putting the American Idol logo on their products, it dilutes the economic power of the trademark. The more people using the American Idol logo, the less money the producers can get for licensing it. That's why the NFL Is so protective of the term "Super Bowl," and you won't see any advertisers being allowed to use it as part of their promotions unless they've been licensed by the NFL to do so. So Best Buy flyers will talk about the "Big Game" and the players pictured on their TV sets will be wearing generic uniforms with no team logos visible.
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Re: Texas attorneys are willing to suggest:

#7 Post by silverscreenselect » Mon Jan 19, 2009 1:34 pm

etaoin22 wrote:I suppose these days performers with stage names like Fran Sinatra and Deenie-Jo Martin (I am trying to channel what the real stage names were, but I was only 8 then -- couldn't get in) would be in real trouble.
Back in the days when there were two competing pro wrestling circuits, the WWE (formerly WWF), and NWA, each circuit would trademark the names the wrestlers used. So while the wrestler himself was free to go from one circuit to another if his contract expired, he would have to wrestle under a different name, even though everyone knew who he was. Only a few wrestlers like Ric Flair and Hulk Hogan had enough clout to keep the rights to their names. Ironically, the WWE had to change its name from WWF, because they were successfully sued by the World Wildlife Federation.
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Re: Texas attorneys are willing to suggest:

#8 Post by Bob78164 » Mon Jan 19, 2009 1:39 pm

silverscreenselect wrote:There is nothing wrong with this law suit. Trademark law prevents the unauthorized use of a trademark by anyone, and that includes someone illegally using a trademark to imply that the company that owns the trademark has endorsed their product. To the extent that strip clubs or anyone is putting the American Idol logo on their products, it dilutes the economic power of the trademark. The more people using the American Idol logo, the less money the producers can get for licensing it. That's why the NFL Is so protective of the term "Super Bowl," and you won't see any advertisers being allowed to use it as part of their promotions unless they've been licensed by the NFL to do so. So Best Buy flyers will talk about the "Big Game" and the players pictured on their TV sets will be wearing generic uniforms with no team logos visible.
American Idol probably has a stronger trademark case than many. Ordinarily, the force of a trademark is limited to the field in which it's used and "related" fields. United Airlines has the "United" trademark in the air transportation field, but that doesn't prevent United Van Lines from using the name as well.

But about 10-15 years ago, Congress passed a law providing stronger protection for "famous" marks. I'm pretty sure "American Idol" qualifies as famous. It prevents "dilution" and "tarnishing" of famous marks, even if the use is clearly outside the field that made it famous. That's why no one can market, say, the McDonald's line of books. --Bob
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Re: Texas attorneys are willing to suggest:

#9 Post by ToLiveIsToFly » Mon Jan 19, 2009 2:35 pm

silverscreenselect wrote:
etaoin22 wrote:I suppose these days performers with stage names like Fran Sinatra and Deenie-Jo Martin (I am trying to channel what the real stage names were, but I was only 8 then -- couldn't get in) would be in real trouble.
Back in the days when there were two competing pro wrestling circuits, the WWE (formerly WWF), and NWA, each circuit would trademark the names the wrestlers used. So while the wrestler himself was free to go from one circuit to another if his contract expired, he would have to wrestle under a different name, even though everyone knew who he was. Only a few wrestlers like Ric Flair and Hulk Hogan had enough clout to keep the rights to their names. Ironically, the WWE had to change its name from WWF, because they were successfully sued by the World Wildlife Federation.
Maybe I'm just remembering wrong, but didn't the wrestling people sue the panda people, and wasn't the panda people suit more or a less a defensive countersuit?

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Re: Texas attorneys are willing to suggest:

#10 Post by TheCalvinator24 » Mon Jan 19, 2009 2:43 pm

ToLiveIsToFly wrote:
silverscreenselect wrote:
etaoin22 wrote:I suppose these days performers with stage names like Fran Sinatra and Deenie-Jo Martin (I am trying to channel what the real stage names were, but I was only 8 then -- couldn't get in) would be in real trouble.
Back in the days when there were two competing pro wrestling circuits, the WWE (formerly WWF), and NWA, each circuit would trademark the names the wrestlers used. So while the wrestler himself was free to go from one circuit to another if his contract expired, he would have to wrestle under a different name, even though everyone knew who he was. Only a few wrestlers like Ric Flair and Hulk Hogan had enough clout to keep the rights to their names. Ironically, the WWE had to change its name from WWF, because they were successfully sued by the World Wildlife Federation.
Maybe I'm just remembering wrong, but didn't the wrestling people sue the panda people, and wasn't the panda people suit more or a less a defensive countersuit?
My recollection is that it started over the web address.

The WWF (wrestling version) had been around for years, as had the WWF (panda-loving version).

I don't think the WWE had to change their name, but they were precluded from using the WWF abbreviation.
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Re: Texas attorneys are willing to suggest:

#11 Post by TheCalvinator24 » Mon Jan 19, 2009 2:47 pm

The contract between the two WWFs can be found here.

I'm pretty sure that the Wrestling company's creation of their website at wwf.com is what got te lawsuit rolling.
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Re: Texas attorneys are willing to suggest:

#12 Post by silverscreenselect » Mon Jan 19, 2009 3:34 pm

TheCalvinator24 wrote:The contract between the two WWFs can be found here.

I'm pretty sure that the Wrestling company's creation of their website at wwf.com is what got te lawsuit rolling.
The 1994 contract was designed to settle the dispute about rights to use the WWF logo. The wrestlers pretty much agreed to restrict its use to the USA. The lawsuit arose from the wwf.com website which was too similar to the Wildlife Fund's wwf.org lawsuit.

http://www.internetnews.com/bus-news/ar ... hp/1039141

As a result, the wrestlers accelerated their transition from WWF to WWE. This trademark dispute was not the only reason for the name change. A number of states have tried to regulate professional wrestling as a sport similar to boxing for the purpose of limiting steroid and similar drug use. Vince McMahon and company essentially dropped their longstanding pretense that wrestling was a "sport" and are using the WWE name to argue that they are merely a form of live entertainment and not subject to state oversight of sports.
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Re: Texas attorneys are willing to suggest:

#13 Post by kroxquo » Mon Jan 19, 2009 4:17 pm

Last year our local Red Cross gave "American Hero" t-shirts to blood donors. The logo and everything was pretty much exactly the AI symbol. I wonder what the lawyers would do with that.
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Re: Texas attorneys are willing to suggest:

#14 Post by silverscreenselect » Mon Jan 19, 2009 4:39 pm

kroxquo wrote:Last year our local Red Cross gave "American Hero" t-shirts to blood donors. The logo and everything was pretty much exactly the AI symbol. I wonder what the lawyers would do with that.
I know that American Idol has raised money for the Red Cross before so my guess would be that this was some sort of promotion that they authorized or participated in.
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