I Coulda Been A Credenza: Brando Estate Sues Over Couch Named Brando

from the morons-in-a-hurry dept

Fri, Aug 19th 2011 2:40pm — Mike Masnick

My oh my. The publicity rights lawsuits by estates of famous dead actors continue. We'd already covered how the estate of Humphrey Bogart had sued over a Bogart line of couches and the estate of Marlon Brando had sued over a Brando line of boots. Shake those two stories up together... and you get a new lawsuit, again from the Brando estate, complaining about a Brando sofa and how it violates Marlon Brando's publicity rights and trademarks. Can't you see the similarity?

I'm wondering what moron in a hurry sees any similarity or would be confused here?

* Separately, on the headline, I actually came up with this headline independently, but as I was preparing this I saw that The Daily used the same line. It's too tempting not to use it, but did want to acknowledge that they got it out first...

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: couch, marlon brando, publicity rights, sofa, trademark

32 Comments

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

Reader Comments

Subscribe: RSS

View by: Time | Thread

:Lobo Santo (profile), 19 Aug 2011 @ 2:45pm

Definitely
I see some definite resemblance!

There, in the wrinkling of their various upholstering...
[ link to this | view in thread ]
Eponymous Coward, 19 Aug 2011 @ 2:49pm

Post title of the year. Bravo!
[ link to this | view in thread ]
HothMonster, 19 Aug 2011 @ 2:54pm

"Separately, on the headline, I actually came up with this headline independently, but as I was preparing this I saw that The Daily used the same line. It's too tempting not to use it, but did want to acknowledge that they got it out first..."

Two people independently coming up with the same idea at the same time? Not bloody likely, you thief
[ link to this | view in thread ]
Anonymous Coward, 19 Aug 2011 @ 2:54pm

I have to say that is the best title I have ever seen here. Very good work.
[ link to this | view in thread ]
lavi d (profile), 19 Aug 2011 @ 2:57pm

One Comment
Sooooofaaaaah!
[ link to this | view in thread ]
AR (profile), 19 Aug 2011 @ 3:02pm

Ok then
How about just calling it the, wait for it...

Brand-o-sofa

That should clear up the problem
[ link to this | view in thread ]
Anonymous Coward, 19 Aug 2011 @ 3:12pm

Re: Ok then
Or...

MyLawn Brand-O Sofa
[ link to this | view in thread ]
AR (profile), 19 Aug 2011 @ 3:18pm

Re: Ok then
Just dont tell Oprah
[ link to this | view in thread ]
AR (profile), 19 Aug 2011 @ 3:21pm

Re: Re: Ok then
OR
Brand O'sofa

and dont tell the Irish
[ link to this | view in thread ]
sehlat (profile), 19 Aug 2011 @ 3:25pm

Actually, there was a resemblance.
Toward the end of his career, (see "Don Juan de Marco") he did pretty much look like an overstuffed couch.
[ link to this | view in thread ]
Anonymous Coward, 19 Aug 2011 @ 3:25pm

Gotta love some good old fasioned independant invention
[ link to this | view in thread ]
Anonymous Coward, 19 Aug 2011 @ 4:21pm

Love the headline!
[ link to this | view in thread ]
Thomas (profile), 19 Aug 2011 @ 4:30pm

That headline is Sofa King good!
[ link to this | view in thread ]
Nick Burns (profile), 19 Aug 2011 @ 4:36pm

Apparently they (Brando Estate) have no problem whatsoever with the Brando company of cases. I use to own two Brando Palm cases: http://shop.brando.com/
[ link to this | view in thread ]
cybernia (profile), 19 Aug 2011 @ 4:48pm

Bravo!
I want to congratulate you on the headline.
[ link to this | view in thread ]
Sir William Barca Esquire, 19 Aug 2011 @ 5:03pm

Indubitably !

The recent misuse of my name in relation to what is called a "lounger" has caused quite the kerfuffle.

I quite nearly dropped my monocle upon being told of such an outrage.

Harumph !
[ link to this | view in thread ]
This comment has been flagged by the community. Click here to show it

Anonymous Coward, 19 Aug 2011 @ 5:27pm

I'm wondering what moron in a hurry sees any similarity or would be confused here?

You can't possibly be this idiotic. Never mind, yes you can. The similarity isn't that the couch itself looks like Brando, but rather it's that it's called the Brando line of sofas. Someone might think, I don't know, that the Brando estate is behind the sofa line.

Either you're a fucking idiot, or an intellectually dishonest asshat. I'm lying. It's both.
[ link to this | view in thread ]
abc gum, 19 Aug 2011 @ 5:51pm

Re:
"Either you're a fucking idiot, or an intellectually dishonest asshat. I'm lying. It's both."

No - I think it's you.
[ link to this | view in thread ]
AR (profile), 19 Aug 2011 @ 5:56pm

Re:
Troll much??
Lets get real for an instant. I think Mike knows what the issue is here. But lets face it, the guy is dead. I dont think anyone really thinks ol Marlon personally endorsed, designed, built, or owned this couch. As for his estate... who gives a crap. They didnt act. They didnt make him famous. They didnt design, build, or own the couch. So why should they get money for it? why should they get money for their dead relative? What are they going to do bury him again???
Get a job
[ link to this | view in thread ]
DandonTRJ (profile), 19 Aug 2011 @ 8:54pm

Re: Re:
Unfortunately, enough people got together and convinced various law-making bodies that a celebrity's persona is a property interest that they work to cultivate, and that they should be able to pass such property down to their next of kin as inheritance. Because apparently the media they appear in (on top of actual money and typical property passed down) isn't quite enough to sustain their brood.
[ link to this | view in thread ]
AR (profile), 19 Aug 2011 @ 10:25pm

Re: Re: Re:
We have many laws that need to be changed and updated. This one needs updated for time. Logically thinking, with new "artists" being discovered every year if limits, are not placed on these "property interests" we are going to run out of names eventually. Now with one trademarking a letter of their last name , well there are only 25 more. As for their next of kin, If this goes on forever, well,you can do the math. Like I said its not that they want the money so that they can dig him up and bury him all over again. They need to use their inheritance (money) to get jobs.
I know its a little harsh to say but, Too bad for them. Thats what everyone else does.
[ link to this | view in thread ]
Anonymous Coward, 19 Aug 2011 @ 10:52pm

Brando
must be spinning in his grave right now.
[ link to this | view in thread ]
DandonTRJ (profile), 19 Aug 2011 @ 10:57pm

Re: Re: Re: Re:
Well, let's not take it to unrealistic extremes; trademark law is quite mindful of exhaustion issues, even as they approve of theoretically scarce marks (see the discussion of "color depletion" in Qualitex). Rather than exhaustion, publicity rights are more about mere overreach. The whole scheme is a kind of quasi-IP borne of entitlement rather than incentive [they don't really "promote the progress" by most yardsticks] that states are still feeling out; I'm sure they'll eventually expand too far and require a judicial pin-prick to deflate. Until then, we have to just fight to contain them.
[ link to this | view in thread ]
Zot-Sindi, 20 Aug 2011 @ 3:42am

Re:
You can't possibly be this idiotic. Never mind, yes you can.

i can't comprehend how you came to this conclusion and then continued on with your moronic drivel like it never happened, you can't possibly be this idiotic. Never mind, yes you can. my bad
[ link to this | view in thread ]
Zot-Sindi, 20 Aug 2011 @ 3:44am

Re: Re:
oh yeah and i was reading the entire quoted part as a referring to people this article is describing, i know it wasn't intended for them but it was strangely appropriate
[ link to this | view in thread ]
The Devil's Coachman (profile), 20 Aug 2011 @ 6:14am

Re: Brando
That would probably be at least a 4.5 on the Richter scale.
[ link to this | view in thread ]
AR (profile), 20 Aug 2011 @ 10:38am

Re: Re: Re: Re: Re:
Unrealistic extremes? Really? Like 99 year patents? Or getting a copyright on the human genome? Or trademarking letters of the alphabet? Wouldn't it be better to stop this spoiled child syndrome now, then say, before children get sued for singing songs around a campfire? Or having your cell ringtone classed as a public broadcast of copyrighted material? If these spoiled children have their way we will have to expand the privilege to include their entire ancestral line. I'Lll say it again they need to learn how to support themselves and not rely (or profiteer) on the accomplishments of their dead relatives.
[ link to this | view in thread ]
Liam (profile), 20 Aug 2011 @ 1:51pm

what is wrong with this community?!
Seriously, I've been reading techdirt for years and agree with 95% of what Mike and his writers have to say, but one thing that just annoys the hell out of me is that no one can have an opposite opinion to the masses on this blog without being called

a) troll
b) shill
c) [insert common insult]

etc etc

If the ideas portrayed here are to stand any ground we need to win debates on their own merit, not flag posts as trolling and have them hidden simply because they have an opposite or inflammatory opinion.

I've been loosing interest in the comments area here as debate is simply stifled and it just becomes an attack on the other opinion.

A lot of people here need to grow up, stop hiding behind anonymity and debate the subjects at hand without name calling and without resulting the abc's above.

In summary, grow up and learn to debate topics.
[ link to this | view in thread ]
The Devil's Coachman (profile), 21 Aug 2011 @ 7:26am

Re: what is wrong with this community?!
Up yours! That would not be fun at all. We don't come here to debate anything, but to insult each other or to agree or disagree with the insults of others. That's all. If you want to debate, go run for office somewhere.
[ link to this | view in thread ]
abc gum, 21 Aug 2011 @ 6:12pm

Re: what is wrong with this community?!
"A lot of people here need to grow up, stop hiding behind anonymity and debate the subjects at hand without name calling and without resulting the abc's above."

I'm insulted by your comment and demand satisfaction.

Seriously ..... I had to look at the prior comments in this thread expecting to find one of yours in which you had been mistreated - I found no such thing. So, I must ask - wtf?
[ link to this | view in thread ]
ohb1knewbie (profile), 21 Aug 2011 @ 10:54pm

Do pot heads have lawyers?
I know more than a few pot heads that better lawyer-up quick or else start saving their pennies for the royalties they owe the the estate of Humphrey Bogart.

"Dude! Stop being such a Bogart and pass it on."
[ link to this | view in thread ]
Anonymous Coward, 24 Aug 2011 @ 4:39pm

Hopefully the Brando Estate doesn't find out about www.brando.com.
[ link to this | view in thread ]