IP Issues Force Basketball To Back Down From Krypto-Nate Promotion
from the seriously? dept
JJ sent in yet another story of intellectual property claims getting in the way of what actually makes sense. At the NBA all-star event, 5'7" NBA player Nate Robinson surprised a lot of people by winning the slam dunk competition, which brought a lot of attention to his "alter-ego" Krypto-Nate, something of a play on another player dressing up as Superman. The NBA (reasonably so) thought it would be fun to offer special t-shirts, in the color green, with the "Krypto-Nate" name on the back... until issues surrounding potential fights with DC Comics, owners of certain IP around Superman, came into play. The story isn't entirely clear concerning who made the final decision to back down from the promotion -- and, it may have just been folks at the NBA hoping to do future deals with DC Comics -- but the planned promotion was clearly shelved and worries about IP issues were the apparent reason. It's not clear that DC Comics would have had any actual legal claim on such a shirt, but just the fact that IP worries over such an obvious and reasonable promotion caused it to be killed (once again) highlights the ridiculous impact of IP laws gone nuts.
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Filed Under: basketball, colors, krypto-nate, trademark
Companies: nba
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SI needs to call DC for another comics cover
Sports Illustrated needs to call Didio over at DC. Request another Superman artist to do a Krypto-Nate cover for SI which can be repurposed as the art for a giveaway t-shirt. Then DC, SI and the NBA can all claim victory.
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Big Media corporations...
I talked with a guy at the recent NY ComiCon show. He worked on a book, I forget the title, but it was a historical book on comics. It had covers and artwork from both Marvel and DC. This is CLEARLY fair use, yet BOTH companies sued him and wanted thousands of dollars in licensing fees. They also BOTH used the SAME argument: You have too much of our artwork and not enough of the other company's art.
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Shaq's Rights
(Now, unless the tatoo artist was liscensed to use that image, the claim could stand for that infraction, not necessarily on the subsiquent uses of the tatoo artists design, given that the tatoo artist signed off the rights to his work once it was placed on shaq's body.)
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Kryptonite is real
you cant claim IP on something that really exists.
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Technically - No
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DC came up with the name KRYPTONITE. They have the right to decide how that word is used. It's not a real word, it's not a real substance. Therefore, they get credit for dreaming it up.
As much as I think Nate's Krypto-Nate persona is cool, the fact is if there was no KryptoNITE there would be no KryptoNATE.
The NBA is not stupid. They know it...and would have clear any money making promotion with DC.
So quit whinning about IP this or that. Just because somethign is cool or sensible doesn't mean it's legal. When you all dream up something and sell...and some asphat comes in and steals your chit, you have no right to cry.
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Re:
DC came up with the name KRYPTONITE. They have the right to decide how that word is used. It's not a real word, it's not a real substance. Therefore, they get credit for dreaming it up.
Wrong. Very wrong. Trademark does not give you the right to decide how a word is used. It's there to avoid customer confusion... so it can only be used to stop a use that would confuse a customer into believing a commercial association that might dilute the brand.
So quit whinning about IP this or that. Just because somethign is cool or sensible doesn't mean it's legal.
And just because you think something is illegal, it doesn't mean it is.
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Don't be silly
DC could have a real problem with KRYPTO the dog (http://en.wikipedia.org/wiki/Krypto), Superman's pet, who also wears his symbol.
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Nate can call himself Krypto-Nate all he wants.
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Er....FAIL
Please, PLEASE tell me you dont really believe that? PLEASE tell me you didnt just open your Yamhole and spout this nonsense as if its correct. Perhaps you should check out copyright law and maybe a few case law studies before you opine on something you obviously only know through the indoctrination of Big Media Corporations.
Say it with me: COPYRIGHT IS NOT ABSOLUTE
NO, you do not "have the right to decide how that word is used." There are MANY limits on what you can do with your "creation" and locking the word up so NO one can use it or make a satirical, political or other commentary use on it is WRONG.
COPYRIGHT IS NOT ABSOLUTE
There are many, MANY instances and examples in case law that show FAIR USE applies to something like this. A parody, play-on-words and obvious humorous reference to the word IS ALLOWED UNDER COPYRIGHT LAW. Only idiots who are brainwashed by the Big Media Content corporations and their shill lawyers think otherwise.
COPYRIGHT IS NOT ABSOLUTE
Try to understand the importance of things like this before you open your yap again.
Once again, for those in the cheap seats and with thick skulls:
COPYRIGHT IS NOT ABSOLUTE
You sir, are EPIC FAIL
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...oops. I failed.
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You do realize, you're talking about the NBA...which makes MILLIONS on the licensing rights of every name of every player in the NBA.
So while you're playing your little PS3 with NBA Live....millions were paid so you play with LeBron James.
So you go right ahead....Start selling a T-shirt with some variation of SHAQ....SHAQ-TACKS or LeBRON-ONICS and see exactly how long it takes to get served.
Just let me know...you just keep copying and pasting and attempting humor...and I'll laugh from court. I think the NBA knows a little more about IP law than some little fawk stick who can only come up with "fail".
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Re:
Actually, do you realize that courts in the past few years have pointed out that sports players names and stats are public domain, and companies DO NOT need to pay for the rights to use those names and stats in a game?
Sorta takes away your whole argument (and your claim to being more knowledgeable about the situation), doesn't it?
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Here's the ruling....this has NOTHING to do with video game liknesses.
Judge Mary Ann Medler found that the First Amendment takes precedence over MLB's "right of publicity." Since the stats that fantasy sites use are readily available in newspapers and online, they are not the exclusive property of MLB.
The NFLPA just lost a huge lawsuit..28 million dollars....because they hadn't adequately licensed retired players names to EA for Madden games.
Madden is the ONLY video game with real likeness and names. Know why? EA pays the NFLPA millions to use their likeness exclusively.
How would you feel if someone was selling game with your name, likeness and stats....and you didn't get a cent?
The NBA KNOWS THIS....and KNOWS they have no leg to stand on selling t-shirts. It would cost them more to defend their use over Krypto-Nate than to just license it with DC. Which is what I expect you might see, if they think they can sell enough shirts.
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Re:
Madden is the ONLY video game with real likeness and names. Know why? EA pays the NFLPA millions to use their likeness exclusively.
Yes, their LIKENESS. Likeness is different than names and stats, which is what you originally talked about.
Krypto-Nate is totally different.
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We're talking about COMMERICAL USE, not you playing with soap on a rope in the shower yelling to your right hand..."Here comes my Krytonite"
I thought that was obvious...apparently not.
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Re:
Again, even with commercial use, IT DOES NOT GIVE YOU FULL CONTROL. You can still use it elsewhere, so long as it's not to confuse or dilute. Pepsi can use Coke's name in an ad, for example.
I thought that was obvious...apparently not.
The only thing obvious so far is how wrong you are...
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Ok...
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And I concur.....they (the NBA) would probably win. But anytime you're SELLING something, even if it's spoof...you gotta be prepared for a legal challenge. Companies protect their IP's (Trademarks, Patents, Copyrights, etc) vigorously....and rightly so.
The question is...is it worth the NBA to endure a public lawsuit with DC over this on a t-shirt? Anyone with half a brain would say No.
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Putting coke in a pepsi ad, is far different than selling merchandise using a name that is copyrighted.
I think you should go tell the NBA to go for it! Take your vast knowledge and tell the NBA lawyers they are morons.
So...you can counter this fail this.. or fail that. Bottom line.....you won't be buying a Krypto-Nate NBA licensed t-shirt.
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Re:
1. You're confusing copyright and trademark
2. Krypto-nate is neither.
Thanks for playing... I'm sure we have some parting gifts for you...
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What?!
Of course, in the real world, everyone (except corporate legal departments, for some reason) knows you can't copyright single words, nor colors, and can only trademark them in connection with a particular business.
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