If Your Tribute To Pez Gets Too Much Attention, Pez Might Sue

from the ain't-that-fun dept

Mon, Jul 6th 2009 3:05pm — Mike Masnick

ChurchHatesTucker alerts us to the news that Pez, makers of the famous candy that comes in dispensers with the breakaway heads, is suing a Pez Memorabilia museum. The original article says it's for copyright violations, but I believe that's wrong. The lawsuit appears to be about trademark. The museum itself is not affiliated with the company that makes the candy (and, in the past, the museum changed its name to highlight the fact that it's Pez Memorabilia, to clarify that it wasn't associated with the actual candy company. However, at issue here is the giant (working) 7-foot mock Pez-like dispenser that is on display at the museum. The candy company seems particularly miffed that the Guinness folks declared it the "world's largest Pez dispenser" recently, with the candy company claiming this is false, since without a license, it's not really a Pez dispenser. Now, the trademark lawyers will rush to say that a company such as Pez needs to defend its trademark, lest it become generic. And that's true. But there are ways that such things can be handled without the company demanding the monument to Pez be destroyed. It's difficult to see what "harm" this 7-foot dispenser is doing to the Pez brand. In fact, just the opposite is likely. So why not just grant the museum a license and embrace the fact that there are fans so into your candy that they'd want to build a 7-foot monument to it? Otherwise you just look like a bunch of bullies.

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: fans, memoribilia, pez, trademark
Companies: pez

24 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

AdamBv1 (profile), 6 Jul 2009 @ 3:17pm

i'll probably never understand the mentality...
Somebody wants to make a museum and a monument to Pez about how much they like them and the only thing the corporate types can thing of is to sue them because they like them too much?

Why do company's think its a good idea to sue customers/fans?
[ link to this | view in thread ]
Chronno S. Trigger (profile), 6 Jul 2009 @ 3:24pm

That finger's pointing the wrong way
If Guinness is calling it the "world's largest Pez dispenser" and that's what Pez has a problem with, why is the museum getting sued?
[ link to this | view in thread ]
Anonymous Coward, 6 Jul 2009 @ 3:31pm

Re: i'll probably never understand the mentality...
Why do company's think its a good idea to sue customers/fans?

It's the "in" thing to do in a down economy!
[ link to this | view in thread ]
shmengie, 6 Jul 2009 @ 3:39pm

ouch
just got back from the bathroom. i had to take a nasty pez.
[ link to this | view in thread ]
Anonymous Coward, 6 Jul 2009 @ 3:41pm

How could it not be a Pez dispenser? It contains Pez candy, and it then dispenses Pez candy. It's a Pez dispenser, license or no license.
[ link to this | view in thread ]
Anonymous Coward, 6 Jul 2009 @ 3:48pm

You now need a license to ride that bike.
Now, the trademark lawyers will rush to say that a company such as Pez needs to defend its trademark, lest it become generic.

Huh?
The interwebs are reporting that Pez has been around since 1927. How can it become more recognizable? If they want to go sue someone, they should sue the Orange County Choppers guys for making this monstrosity.

A Pez Motorbike? Tell me the connection between Pez candy and motorbikes, besides someone saying "Let's go burn some money". What are the marketing people thinking?
[ link to this | view in thread ]
Anonymous Blogger, 6 Jul 2009 @ 3:58pm

Wow...
Wow. Haven't Pez ever heard of free advertising? Sounds like the people protecting their interests have RIAA ties as well, would explain a lot.

Ah, well. This move will only make Pez not as trendy and nerdy any more.
[ link to this | view in thread ]
Brian (profile), 6 Jul 2009 @ 4:02pm

Re: i'll probably never understand the mentality...
Just to play devils advocate on that...

If the museum is not run by Pez then they're free to do what they want. The affiliation is there by brand, but not by actual legal ties. So what if a scenario plays out where the Pez museum decides to start putting unofficial Pez-like stuff in there? Especially if it's offensive in nature (just to go ahead and Godwin my own argument, a Hitler pez dispenser). They'd end up having to take the sort of legal action they're taking now, but the "brand damage" would have already been done.
[ link to this | view in thread ]
Anonymous Coward, 6 Jul 2009 @ 5:09pm

That isn't a HUGE pez dispenser, surely a large company can make a bigger one and have the record updated.
[ link to this | view in thread ]
Anonymous Coward, 6 Jul 2009 @ 5:09pm

What brand damage? The brand damage that reinforces the term "Pez" in peoples minds? The brand damage that reminds people of the cool little candy dispensers that they loved as a child (and love even now)? Hell, even a Hitler pez dispenser as a non-pc bachelor party gift would convey the Pez message more than the National Socialism message. No such thing as bad publicity indeed.
[ link to this | view in thread ]
ChurchHatesTucker (profile), 6 Jul 2009 @ 6:03pm

Re:
"What brand damage?"

That's a good point. A lot of these "brand dillution" cases aren't really about that at all, its about controlling anything that your brand has touched. This is clearly doing Pez no harm, and probably a great deal of good.
[ link to this | view in thread ]
Lonnie E. Holder, 6 Jul 2009 @ 6:19pm

I support Mike on this one...
I agree with Mike on this one. A license would be easy to do, and Pez could even gain a little control of the museum (in terms of what the museum could and could not offer in terms of products, and perhaps even approval by Pez). Pez should be rushing in to take advantage of a great opportunity.
[ link to this | view in thread ]
Sean, 6 Jul 2009 @ 6:36pm

Yes, Pez dispenser, those candy dispensers that came topped with the heads of copyrighted characters...damn people bringing attention to something in a different method!
[ link to this | view in thread ]
Anonymous Coward, 6 Jul 2009 @ 7:17pm

Animals run from you even if there is no harm intended. This is called "better safe than sorry", and it ensures survival of species.
[ link to this | view in thread ]
Anonymous Coward, 6 Jul 2009 @ 10:12pm

both sides need to get a fucking life
wtf, pez, grow the fuck up
[ link to this | view in thread ]
Anonymous Coward, 6 Jul 2009 @ 11:12pm

Re: You now need a license to ride that bike.
Since PEZ commissioned the bike, I don't think they've got a chance on that one. Sorry.
[ link to this | view in thread ]
known coward, 7 Jul 2009 @ 7:08am

if i make a tony the tiger pez dispenser
Who sue's me first, kellog's or Pez?
[ link to this | view in thread ]
Jessica (profile), 7 Jul 2009 @ 7:44am

Re: You now need a license to ride that bike.
Now, the trademark lawyers will rush to say that a company such as Pez needs to defend its trademark, lest it become generic.

Huh?
The interwebs are reporting that Pez has been around since 1927. How can it become more recognizable?

I assume they mean generic in the way people refer to any brand of adhesive bandages as a 'Band-Aid' or say 'Xerox' for any copier. That just seems silly to me. Pez doesn't exactly have so many imitators that the name would become a universal term...
[ link to this | view in thread ]
Jessica (profile), 7 Jul 2009 @ 8:31am

Re: Re: You now need a license to ride that bike.
Er, I mean to say 'Mike probably means', not 'they'. Anyway, I bet he's right and the trademark lawyers would try to go after them for that, no matter how silly.
[ link to this | view in thread ]
John, 7 Jul 2009 @ 11:40am

I agree with pez. It is a matter of semantics and the memory museum apparently has a spelling problem as well. Just because you can buy knockoff items from china and elsewhere, such as rolex's, jeans, shoes, etc. doesn't mean the knockoff item is the real thing worthy of advertising. If PEZ didn't actually make it then it is nothing but an oversized imitation. PERIOD.
The one at the museum should be stated as being nothing but a display item, and should definitely not be considered a true PEZ product, or even worse the largest ever recognized by the idiots at the wgaf foundation.
I'm sure I could rustle up a pez myself, ship it to china & have them make one that's 50ft tall with Michael Jackson's head on it. It will of course dispense small children. Will I then have the world's largest Pez? no
[ link to this | view in thread ]
Anonymous Coward, 7 Jul 2009 @ 11:40am

Re: if i make a tony the tiger pez dispenser
Tony...
[ link to this | view in thread ]
John Duncan Yoyo (profile), 7 Jul 2009 @ 2:08pm

There was a movie that showed a video of a band dressed as pez dispensers presumably made by one of the characters. I wonder if they got sued.
[ link to this | view in thread ]
sj glew, 28 Jan 2010 @ 8:24am

the darker side of pez collecting
Want to read an interesting story about the darker side of pez collecting? The Last Pez Handbook by sj glew The Pez Color Wars. How I Lost 8.5 Million Dollars Selling Pez. Check out Item number: 300341029563 on ebay.
[ link to this | view in thread ]
sj glew, 9 Nov 2010 @ 12:21pm

Pez Outlaw
They (Pez Corporation) don't always sue you. For the flip side try this story @ pezoutlaw.com

* Bullet Points For Pez Outlaw & Price Guide by sj g...
* The Million Dollar Idea
* Chapter 1. Crazy Is Easy
* Chapter 2. Did Pez International Commit Fraud?
* Chapter 3. Revelation
* Chapter 4. The Game Is Afoot - Slovenia
* Chapter 5. Dude, Don't You Know Who I Am? - Hungar...
* Chapter 6. Smuggling, Bribes, Payoffs And Hiding O...
* Chapter 7. Life On The Run - Border Crossings
* Chapter 8. Traveling the World in Search of Pez?
* Chapter 9. The Rogues Gallery
* Chapter 10. You Haven't Been Screwed Until You've ...
* Chapter 11. The Emperor Has No Clothes
* Chapter 12. Chasing Rainbows - The Pez Space Gun P...
* Chapter 13 - Pez Fun Factoids & Pez Money.
* Chapter 14. Opinions Are Like @$$h013$. Everybody ...
* Chapter 15. Confession is Good For The Soul
* Chapter 16 - Pez Pictorial Price Guide / Value Lis...
* Chapter 17 - Pez Price Guide, Value List - The One...
* Chapter 18. Tipping Windmills
* Chapter 19. Weird Things at the Raba - SciFi Movi...
* Chapter 20. P.S. I Love You. Pez Corp This is Addr...
[ link to this | view in thread ]