Sex Pistols Claiming Trademark Infringement? Because Selling Out Is So Punk Rock

from the god-save-the-cream dept

Tue, Oct 20th 2009 12:33pm — Mike Masnick

I first heard about the Icecreamist's "Sex Pistols: God Save the Cream" ice cream + absinthe monstrosity (served out of an IV drip?!?) a few weeks ago when my friend Jean had one for breakfast (wait... breakfast?!?). Either way, it was amusing to see ice cream go punk rock/extreme. However, apparently the rights holders for the Sex Pistols are none too pleased. Lawrence D'Oliveiro (without a link!) alerts us that the Sex Pistols are threatening legal action over the ice cream. Now, my guess is that the Pistols have a decent enough trademark claim here. The menu in Jean's photos clearly show the drink called "The Sex Pistol" with the tagline "God Save the Cream" (a play on the Pistol's "God Save the Queen"). However, it doesn't seem particularly punk rock to be filing trademark infringement lawsuits, does it? As the Icecreamists are saying:

"We are a bit dumbfounded that a group that made its reputation for being banned is trying to ban one of our ice creams and claim copyright over the national anthem and the Queen."

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Filed Under: ice cream, sex pistols, trademark

25 Comments

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Ima Fish (profile), 20 Oct 2009 @ 12:57pm

The Sex Pistols were purely a marketing gimmick and a source of revenue committed against this planet by Malcolm McLaren. They were as "punk rock" as Sigue Sigue Sputnik or Frankie Goes to Hollywood, pure fashion and contrived "shock" in lieu of any substance.

To argue that the Sex Pistols were somehow above monetary gain shows you know absolutely nothing about their origins or history.
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Free Capitalist (profile), 20 Oct 2009 @ 12:58pm

Not that there have been any real punks for over three decades, but it's unclear if the survivors are pressing this or if "the sex pistols holding company" Glitterbest engineered this claim.

Anyone know if Rotten is actively trying to retire or is this just a turn of the wheel to which the remaining members long ago sold out?
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Free Capitalist (profile), 20 Oct 2009 @ 1:00pm

Re:
Sid was too high to sell out, but yeah... pretty much what Fish said.
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Anonymous Coward, 20 Oct 2009 @ 1:16pm

If it was just called "god save the cream" it would be fine... adding the name of the band does suggest some sort of affiliation or approval, which apparently isn't the case.

Sex Pistols were all marketing, all hype, and only a little music. Why be surprised?
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Overcast (profile), 20 Oct 2009 @ 1:42pm

Everyone's a corporate sell-out in the entertainment industry anymore.
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Chronno S. Trigger (profile), 20 Oct 2009 @ 1:51pm

Re:
If I would have seen it I would have figured it was a pop culture reference like Hard Rock or Planet Hollywood. I would only think that the guy who wrote the menu had a sense of humor. While Pittsburgh's Hard Rock has Michael Jackson's jacket, I don't think that there is any connection between the two. Same thing here.
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Anonymous Coward, 20 Oct 2009 @ 2:05pm

As the saying goes, "Those who can, innovate. Those who can't, litigate.""
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Alan Gerow (profile), 20 Oct 2009 @ 2:14pm

Isn't any anti-establishment musician or musical group that signs a record contract with a major record label by definition a "sell out"? They've sold their music to the music industrial complex and no longer are making music for the fans, but are making it for the shareholders.

To ever be truly punk rock, you'd have to first refuse to be a cog in the machine. Once you sign a contract, you get your cog membership card and secret decoder ring; you're no longer punk rock anyway.

The only way to not be a "sell out" and have a record contract is never to have ideals to begin with. Then there's nothing to "sell out" of.
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Anonymous Coward, 20 Oct 2009 @ 2:45pm

THEM STEALERS ARE DESTROYING THE PUNK ROCK PHILOSOPHY!!!
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scarr (profile), 20 Oct 2009 @ 2:46pm

Re:
Or as Tool put it:

"All you know about me is what I sold you
Dumb fuck
I sold out long before you ever even heard my name

I sold my soul to make a record
Dipshit
Then you bought one"
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Jake, 20 Oct 2009 @ 3:08pm

Lydon was last heard of lending his dubious acting skills to a margarine commercial, so one can't help but suspect he's not going to be too upset; he probably needs the money.

And I hope every old Pistols fan in the audience feels really bad about all the names they called the Boomtown Rats now.
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Lawrence D'Oliveiro, 20 Oct 2009 @ 3:39pm

Thanks For The Credit
I first heard this story on local TV news. I knew there’d be references to it on the Web, which is why the link I sent you was a Google search. Doesn’t that count as a link? :)
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Anonymous Coward, 20 Oct 2009 @ 3:47pm

Punk Rock is dead. Get with the picture. Figured Avril Lavine and Good Charlotte were signs enough of this mockery.
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Matt (profile), 20 Oct 2009 @ 3:54pm

Wait... "my guess is that the Pistols have a decent enough trademark claim here"... really? Did they ever sell ice cream under the Pistol's mark? Or food? According to the linked article, they did not file a TM application in this area until _after_ the "infringing" use appeared. I think you are being too generous, Mike: their trademark claim is, at best, hogwash (and at worst actionable hog wash).

They _may_ have a dilution claim, but it's a bit of a stretch. They have a better copyright claim, premised on the "God Save the Cream" banner which is clearly based off an old Pistol's album cover... unless the banner is a parody (certainly could be understood that way).
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GeneralEmergency (profile), 20 Oct 2009 @ 4:29pm

Real Punks...
...Beat up lawyers, not hire them!
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Sid's Still Dead but he has more to say than you, 20 Oct 2009 @ 5:13pm

Wow. Who would have thought a band that had reformed for the Filthy Lucre Tour a decade ago would have such avarice?!

Obviously, someone who knows nothing about them and wants to score a cheap rhetorical point against a group of people (punks) he's not a member of and knows not much about. You know, an ignorant bigot.

Rock on, dude.
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Mike Masnick (profile), 20 Oct 2009 @ 5:25pm

Re:
Obviously, someone who knows nothing about them and wants to score a cheap rhetorical point against a group of people (punks) he's not a member of and knows not much about. You know, an ignorant bigot.

Ha! This story wasn't about making a point about punks. And, honestly, what does making fun of a silly trademark dispute have to do with being a bigot?

Anyway, anyone who thinks that punk is about membership has some learning to do.
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Luci, 20 Oct 2009 @ 6:33pm

Re:
Bullshit. How many people have a sandwich named after them? No one believes that that person endorses the sandwich, it's a mark of honor. They're just full of shit and money grubbing greed.
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punk puncher, 20 Oct 2009 @ 8:43pm

punks
are punkers lactose intolerant?

yeah, i think they are.

and allergic to soap and toothpaste.
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Lawrence D'Oliveiro, 20 Oct 2009 @ 9:28pm

Punk Still Trendy?
Someone pointed out, back in the 1990s, that punk was older then than hippie was when punk first started.
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mikez (profile), 21 Oct 2009 @ 7:34am

Missing the story
The claim was filed by the holding company and the issue is that the advertising looks too much like the artwork from God Save the Queen. This is not about punk, it's about lawyers and trademarks, fair use, etc.

http://www.nme.com/news/sex-pistols/47841
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vivaelamor (profile), 21 Oct 2009 @ 2:09pm

Re:
"Obviously, someone who knows nothing about them and wants to score a cheap rhetorical point against a group of people (punks) he's not a member of and knows not much about. You know, an ignorant bigot."

You think punks are a group? My membership card must be in the mail. Else-wise, maybe punk music is about expressing yourself rather than being part of a group.

I'm guessing if you met me you'd call me a hippy for having long hair because you sure sound like more of a ignorant bigot than Mike does.
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vivaelamor (profile), 21 Oct 2009 @ 2:18pm

Re:
If you like traditional punk music (is there such a thing?) you should give The Strap Ons a listen to. You can find them on magnatune.com.

Personally I'm glad NOFX and Bad Religion are still going though I miss a lot of the older bands (especially X-Ray Spex and Siouxse and the Banshees).
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vivaelamor (profile), 21 Oct 2009 @ 3:44pm

Re:
Or you can do what Atari Teenage Riot did and pick up a big cheque from a major label then use it to set up your own label while never actually releasing anything on the big label.

The less crafty might want to just look for a non RIAA label to start out on before setting up their own when they make some money. Like Fat Mike of NOFX did.

Personally, and as I keep saying, I'm rather fond of the magnatune.com way of doing things.
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Anonymous Coward, 22 Oct 2009 @ 7:26am

At least Sex Pistols are in the right...
It's nice to see trademark law *not* being abused, since it's actually good, reasonable law (when you stick to the law, and don't try to overreach).

I completely thought that this was endorsed by the Sex Pistols. It took me until nearly the end of the article to figure out exactly why they were suing, because I figured there was *no way* a company would flat out use a popular band's trademarked name in the name of their product like that without permission. It's just so *stupid*.
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