More Intellectual Property Fights Over Who Gets To Do What In New Orleans And Mardi Gras
from the 'tit-rex? dept
I've never been to New Orleans, though, it's definitely on the list of places I'd like to check out one day. However, every time I hear a story about an intellectual property dispute involving New Orleans, it makes me wonder if that place is just different than pretty much the rest of the world. We've written in the past about the "Mardi Gras Indians" -- a group of guys who dress up in elaborate costumes during Mardi Gras -- and their attempts to copyright their costumes and stop people from photographing them, using some dubious theories.Recently, Eric Goldman pointed us to a case involving a legal fight over a copied drink between two bars in the French Quarter in New Orleans. We've discussed in the past how some bartenders want more intellectual property on their drink recipes, and now we have an ongoing case that will explore exactly that.
But perhaps more ridiculous is this other story, sent in by Bill, about a legal dispute between Mardi Gras "krewes." Not being all that familiar with how all of this works, it took me a few reads to get this, but it appears that there's one famous "krewe" called Rex, which "crowns the king of New Orleans Carnival each Mardi Gras." Rex being Latin for "king." Get it? Then there's another "krewe" which appears to be a lot less well known, but which puts on miniature parades of "toy-like" shoebox floats. It goes by the name 'tit Rex, which is a shortening of "Petit Rex," meaning "little king" -- which is fitting for a parade of miniatures... while also being a sound-alike of the dinosaur T-Rex.
Apparently a lawyer representing "Rex" is claiming that 'tit Rex infringes on their trade name and are demanding the other group change its name. Honestly, the whole thing sounds pretty silly. It doesn't sound like anyone is particularly confused here. Either way, it's pretty amazing that there's so much focus on intellectual property where it's not clear any such thing is needed. Was there really some concern that the ability of "Rex" to crown a "king" was somehow limited by this other group?
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Filed Under: 'tit rex, copyright, mardi gras, new orleans, rex, trade dress, trademark
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Rex goes back to the origins of Carnival. A French king was coming and the people needed a way to determine who would meet with him. The krewe of Rex was the way to determine who would be the "king for a day". The krewe of Zulu was created as an ironic parody response to Rex.
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A drunken Mardi Gras participant in a hurry...
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Re: A drunken Mardi Gras participant in a hurry...
Remember Mike, name confusion isn't just about profitable enterprises.
As for the rest, I have to agree with other anonymous coward. I am not sure why you are so dismissive of the drink thing. It's a very reasonable thing, especially when you consider it isn't just the content of the drink, but also the presentation, the "yard" glass, and other features of the branded product. Why you confuse this with cases the revolve only around a drink mix is beyond me, except perhaps that you are so pressed to find something to slam that you aren't even bothering to understand the complaint as filed. Heck, this one is in relatively plain english, even you can understand it.
So I would say that in this case, you are wrong on Rex, and wrong on the drink, and I have to wonder what else you got wrong that we haven't caught yet this week.
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Re: Re: A drunken Mardi Gras participant in a hurry...
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Re: A drunken Mardi Gras participant in a hurry...
Will "Rex" be suing any producers of the play "Oedipus REX" or any museum showing a "Tyranasaurus REX" next?
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???
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Flaming Homer vs Flaming Moe
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Re: Flaming Homer vs Flaming Moe
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Copyright on drinks
If I wrote a programme that printed every possible combination, can I claim copyright for any new drink?
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But perhaps more ridiculous . . .
Did you even read the opinion you linked to? I just read through Judge Feldman's opinion, and for the life of me, I don't see how the Hand Grenade case is "ridiculous." Are you just in FUD-spreading-auto-mode, or do you actually have an argument?
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How then is the claim of copyright upon a recipe not ridiculous? Real world examples would be nice.
btw: IANAL.
http://www.partridgeiplaw.com/seinfelds-sneaky-recipes-survive-second-circuit-tasting-copy right-dispute
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Re: Re:
It is also significant and key that the purported infringers are ex-employees of the plaintiff, and that in moving to a new company, completely re-oriented that company to use the same business model / product.
There appears to be claims on both the product and it's presentation, and perhaps the combination thereof.
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Oh, I see ... no one else is allowed to serve beverages in a yard glass which was probably available upon the free market, or did I miss something here?
"It is also significant and key that the purported infringers are ex-employees of the plaintiff, and that in moving to a new company, completely re-oriented that company to use the same business model / product."
Did they sign a non compete?
"There appears to be claims on both the product and it's presentation, and perhaps the combination thereof."
Possibly, but calling it ridiculous is not FUD, as claimed.
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As for the rest, Mike seems to not even grok the basics, it appears he either didn't read the complain or was in such a rush to do the anti-patent anti-copyright thing on adult beverages that he didn't bother to consider the rest of the case.
That is FUD. It's also bullshit.
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"it took me a few reads to get this"
"It doesn't sound like anyone is particularly confused here."
I suppose we can blame a lack of sleep based on the posting time.
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and then there's t-rex of 65 million years ago.....
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The "Hand Grenade" drink is one of the better known novelty cocktails on Bourbon Street, and it has a number of distinctive components (a particular type of novelty cup, explosion-themed marketing, even advertisement by some poor sap in a high school mascot-style hand grenade suit) which I've seen mirrored in the more recent drink offering by the newer competitor. I'm not enough of a legal scholar to say whether an alcoholic drink recipe is subject to IP protections, but there is little question that the newer drink is seeking to deliberately confuse the two.
As for Rex: Mardi Gras krewes are in many ways a holdover from pre-civil war Southern high society. Local community and social leaders with more money and social grace than sense tend to be involved in them, but it is undeniable that they've had a great impact on New Orleans culture, and that they've developed distinctive traits over the years. I personally admire 'tit Rex as a way of poking fun at the rather stolid old-money krewes, but it's also the case that they've appropriated many aspects of Rex's distingui9shing features, in a way which could plausibly cause confusion among people unfamiliar with the krewes. I'd hope that 'tit rex would win their case, but I don't think it is entirely without merit. That said, the original Krewe of Rex has been around since 1872, so certain aspects of their regalia may be in the public domain by now. 'tit Rex may also be able to argue some protections as parodic speech.
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Pat O'Brian's in New Orleans serves this drink in a distinctive glass, similar to but not the same as a snifter. For the party setting they have the humongous size complete with garden hoses for replacement straws.
Going outside the establishment means you can't take the glass with you and walk around and drink from it, because a city ordinance forbids that. Paper and Styrofoam ok, glass is not for safety reasons to protect those falling down drunks. Glass doesn't usually survive in one piece when the street is brick.
The name Hurricane signifying that drink was in a legal dispute as in other parts of the state, the name became the defining nick for the drink of that particular concoction, much the same as Xerox became a term to copy from a trademark name.
Mardi Gras pulls in lots of money every year for the city and surrounding small towns. Hotels, restaurants, The French Quarter spending all total up.
The krews of the parades work near year round on the costumes that are made, you could say they are hand crafted, by the individual and be dead on target with that. Some of the costumes are worth $1000s of dollars. Even the designs of those have been fought over the years, mostly in vain.
As has been stated by others the Krews are generally generational in the nature when it comes to the parades and floats. People setup ladders along the parade routes and claim areas the same way, by the family, over the generation.
It's a big thing in NO and with good reason. They put on quite a show. I've seen a many.
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Re: Hurricanes and 'tit Rex
The 'tit Rex krewe is satirical, and trust me, NOBODY in this town would think they're a sub-krewe of Rex. Everybody is wondering why Rex decided to be such dicks about the name. (It's been changed, BTW, with an upside-down E "schwa" between R and X, so, it's not Rex anymore.)
those people who stake claims along the parade route, and bring in ladders so they can catch the throws better than everyone around them? Everyone hates them. Not a cherished tradition, just an annoying one.
And everybody is annoyed by Rex, which is huge and not creative and very dull, and they have the most boring throws.
Mardi Gras is a big deal, but the krewes themselves don't make money. that's not the point.
Whatever.
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That different...
There are many things in New Orleans whose value cannot be measured in their economic output, and that is another thing that distinguishes it in an increasingly commoditized American culture. That is also one of the things that makes the less tangible and measurable aspects of quality of life so high there.
Unfortunately for the author, this doesn't fit easily into a legalistic, economic equation.
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