Iron Maiden Torturing Trademark Law?
from the puns-are-torture dept
Reader Fletch writes in to let us know that the band Iron Maiden is suing the creators of a comic book called Iron and the Maiden for trademark infringement. The creators of the comic book claim the name is a reference to the old torture device, not the band (and perhaps the band owes some royalties to the torture device as well...). Still, it will probably come down to a question of whether or not comic book buyers would likely be confused -- and seeing as the logos of the band and the comic book appear to be entirely different... it's not clear who would be confused.
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Filed Under: iron and the maiden, iron maiden, trademark
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Although the logos are very different, given the band's traditional use of comic-style artwork it's not hard to believe that a casual browser could see the artwork and pick the comic book up thinking it's a band tie-in. Passes the moron-in-a-hurry test if you ask me.
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if iron maiden fans are dumb enough to think this is an iron maiden based comic then they deserve to waste the $1.50 on some crappy comic (assuming its crap based on how iron maiden is crap)
the point is you can tell the difference period.
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Re: Moron in a hurry
The "and the" part in the logo is positively tiny, such that it does indeed seem like it simply says "Iron Maiden" (which by now I'd daresay is more associated to heavy metal than medieval torture in the mind of people).
Iron Maiden's artwork usually includes the skeletal mascot Eddie somewhere in it, which the comic book presumably doesn't, but if you look at the covers they look typically straight out of a comic book.
A moron might not be confused; a person in a hurry probably neither; but a moron in a hurry very likely would presume a connection of sorts.
Personally, I would have let it pass, no real harm done, free publicity and all, but it surely doesn't reach the levels of inanity we have seen from other cases here on TechDirt.
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Re: Re: Moron in a hurry
It's a silly lawsuit by many standards, but nowhere near as frivolous or stupid as many of them.
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Re: Re: Moron in a hurry
This lawsuit is a money grab, typical of Bruce. Some good music but not good people.
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But on the subject im with Paul on this one, and as Headbhang mentioned im sure lots of ppl don't even know about the torture device (reminds me of bill and teds adventure or perhaps it was there excellent adventure)
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Gee...
And any true Maiden fans can spot the correct Iron Maiden logo from a distance. Iron Maiden have never changed their font, or colors, except in rare one-offs.
I think even Ed the Head is rotflol on this one.
Zap
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Re: Gee...
Only if the multimeter advertises itself with a mark that is confusingly similar to the AC/DC logo.
And any true Maiden fans can spot the correct Iron Maiden logo from a distance. Iron Maiden have never changed their font, or colors, except in rare one-offs.
That doesn't matter. The likelihood-of-confusion test does not take the perspective of an Iron Maiden fan; it takes the perspective of the casual consumer.
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not life-sized
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How can someone can take a name that has been around for over 100 years make it theirs and then sue anyone who uses it? Can I make a band called sunshine and sue anyone who then uses that word?
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Re: Sunshine
Sunshine Anderson.... KC & The Sunshine Band....
A group in the 70's called Osibisa had a track called Sunshine Day....
I think it's been fully used!
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Coupled with the obvious weakness of the case even under the traditional "likelihood of confusion" analysis, neither Iron Maiden nor their legal advisors can seriously believe that they stand any substantial chance of recovering money damages here if they go to trial. This move appears to me to simply be an attempt to strong arm a settlement.
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Agreed.
Oh Well, wherever, wherever you are,
Iron Maiden's gonna get you, no matter how far.
See the blood flow watching it shed up above my head.
Iron Maiden wants you for dead.
I've bought my last Irons album.
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The font and color are also different.
I'm all for the protection of trademark, but I think its important that entire words or even phrases in the public consciousness don't become personal property.
I mean, would anyone who makes a product using apples be able to have the word 'Apple' and a picture of one ever again?
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I hope this isn't the band members doing this. Hopefully it's management doing it without the band's knowledge.
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More old washed up bands trying to squeeze every last cent out of work they did decades ago
A band decides to name their band after a torture device, fine.
They create a recognizable logo using those words, fine.
They trademark said artwork, fine.
Trying to use trademark to limit someone elses ability to use words out of the dictionary, that does not use your artwork or pertain to a rock band is pathetic and I hope that washed up band ends up losing a bunch of cake on this.
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Disapointed
Up The Irons
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And who's to say...
It's completely transparent that the title of the comic is intended to at least be an attention-grabbing hook to people who have at least heard of Iron Maiden, whether or not they are "mistaken" about any relationship they imagine between the book and the band.
What is questionable is whether the comic book creators owe money to the band that has made the title of their book memorable.
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Re: And who's to say...
It is not "completely transparent" that they called their comic "Iron and the Maiden" to leach off of the fame of the band "Iron Maiden". It sounds to me like they used the name to refer to the device that the band originally leached off of.
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I have to disagree with this. Although I can see the possibility of what you say I think more people have heard of the torture device vs. the band. Especially people under the age of 30.
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I hate to agree with overly litigious jerks, but...
A few points:
1. Comic book readers and people interested in or vaguely aware of very popular Metal bands do have a fair amount of overlap.
2. The point is not that the trademark holder (Iron Maiden) is necessarily hurt, rather that the infringing party (comic book)is unjustly benefiting by potentially confusing customers into thinking that there may be an affiliation.
3. The comic book producers could very simply rectify the situation by changing their logo/trademark to more clearly differentiate themselves from the band. They could also add a simple disclaimer on the cover stating that "they are in no way affiliated with Iron Maiden"
4. Iron Maiden is freakin' awesome (Full Disclosure)
Let me repeat that I do hate this type of lawsuit. This one does just seem kind of fair.
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Common Words
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Grrrr....
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Derivative works are not evil
Maybe they're still pissed that Herbert wouldn't give them 'permission' to call "To Tame a Land" "Dune" (as they originally had planned to) and they're venting their pent-up rage against the copy/legal system by doing the exact same thing to this poor bastard.
Irony Fail, Bruce.
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Does this mean I fail the moron test?
Got me thinking though - I think of music and comics as close enough media for this to have a chance. Going to have to sit down and wonder why that is...
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Re: Does this mean I fail the moron test?
Longer answer: do you think that Iron Maiden should be sued by all the authors whose works they based songs upon?
You can't have it both ways.
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I'm a casual Maiden fan, so I don't really know, but weren't the works they based some songs on in the public domain? Rime of the Ancient Mariner? That's pretty old, no?
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Fucks sake
I hope Eddie turns around, bites their heads off and spits down their necks for this (I claim copyright on the T-Shirt). The old Iron Maiden would have head butted their lawyers if they had even suggested this
Yes it looks like it says Iron Maiden but it didn't even occur to me as a fan that it was linked to the band, since the font is completely different and there wasn't a mullet in sight. York museum has adverts including an Iron Maiden - I never once thought they were performing there either
God it's depressing when your childhood icons turn into dicks
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Re: Fucks sake
Scratch Metallica, scratch Maiden...
Let's hope Priest, AC/DC, Motorhead, and ZZTop keep their heads.
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Goddamnit
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