Citizen Organizing Small Get-Together 'Rocky Run' Sent C&D By MGM Because Of Course She Was

from the cut-me,-mick dept

Wed, Sep 24th 2014 2:38pm — Timothy Geigner

It probably won't surprise any of you to learn that film studio MGM tends to be on the aggressive side when it comes to enforcing its intellectual property. Still, it sort of takes my breath away watching them shut down a DIY, non-commercial and charity-benefiting "Rocky" run in Philadelphia. It all started last year, when a Philly journalist took the time to map out the infamous training run performed by Rocky Balboa in the second film. In the film, more Philly citizens join Rocky's run as the scene progresses. The map of the run was then put together and published, leading one Philly citizen, Rebecca Schaefer, to start a friendly get-together run that would follow the same path. The 31 mile trek was joined by a little over a hundred people, none of whom paid any kind of money to join the run, but who did manage to collect running sneakers for a charity.

Before the run could be joined this year, however, MGM sent the C&D letter.

And now MGM has threatened Schaefer with a lawsuit, sending her a cease-and-desist letter over the Rocky 50K Fat Ass Run. “To be honest, I was shocked it hadn’t come sooner,” Schaefer, the run's organizer, says. She’s changing the name of the Rocky 50K for its second edition on December 6th, a run that's become much larger than she ever imagined. The soon-to-be-renamed Rocky 50K has no entry fees or actual sign-up list; Schaefer makes no money on the event.

The reason for the C&D this year? Well, MGM is licensing an official Rocky Run put together by a sports corporation that will be taking in money for the event. The end result is that a small, charitable, non-commercial little running group will be forced to give up the name of the event so that an MGM-backed company can come into Philly for the first time to make some money. Lovely. Fans of the original Rocky Run are reportedly unhappy, voicing their displeasure on the corporate-backed run's Facebook page. Those comments, it appears, are being summarily deleted.

After becoming aware of the Cerulean-run competing Rocky 5K/10K event, some Rocky 50K fans say they had posted complaints to the new Rocky Run’s Facebook page, but that they no longer appear there. The organizers at first responded with a form letter-like comment that explained their event was officially licensed (and, yes, an actual race with road closures and prizes and an entry fee). The Rocky Run's organizers did not not immediately respond to a request for comment.

Look, MGM isn't wrong legally, but surely the company could have worked something out with this tiny, little DIY running group so that it could keep raising charitable donations under their original name. I'm fairly certain that 100 folks running thirty miles isn't a threat to the corporate Rocky Run, so what exactly would the harm be?

Fortunately, Schaefer appears to be taking all of this in stride.

“I can’t be negative about this,” she says. “My mom was like, ‘How cool is it that you did something that got a cease-and-desist?’”

Super cool. Damn the man, save the Rocky Run.

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Filed Under: cease and desist, rocky, rocky run
Companies: mgm

44 Comments

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Reader Comments

The First Word

“

You know what this means.

Time for the Rambo City Destruction Run!

—S. T. Stone

”

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Anonymous Coward, 24 Sep 2014 @ 2:53pm

MGM isn't wrong legally? Really?
... because calling your fun run the "Rocky 50K Fat Ass Run" is likely to confuse the purchasing public?
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- Richard (profile), 25 Sep 2014 @ 5:32am
  
  Re: MGM isn't wrong legally? Really?
  Technically MGM is in the wrong. They were not using the name Rocky in the fun run space. These people got to it first in that space and therefore they have the rights.
  
  If the movie studio was a small independent and the (original) run was being organised by a big multinational then I'm sure that that is the way it would play out.
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  - ChrisB (profile), 25 Sep 2014 @ 7:17am
    
    Re: Re: MGM isn't wrong legally? Really?
    MGM is right. Trademark is about customer confusion. The name "Rocky" is clearly referring to the movie.
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  - ChrisB (profile), 25 Sep 2014 @ 7:17am
    
    Re: Re: MGM isn't wrong legally? Really?
    MGM is right. Trademark is about customer confusion. The name "Rocky" is clearly referring to the movie.
    [ link to this | view in chronology ]
    - John Fenderson (profile), 25 Sep 2014 @ 7:47am
      
      Re: Re: Re: MGM isn't wrong legally? Really?
      But trademarks only apply within specific business categories. If you have the trademark for "Rocky" in the movie industry, that doesn't stop me from making, say, an ice cream with the name "Rocky".
      
      So the question is... did MGM obtain a trademark on "Rocky" in whichever sector that runs fall into?
      [ link to this | view in chronology ]
      - Sheogorath (profile), 25 Sep 2014 @ 4:39pm
        
        Re: Re: Re: Re: MGM isn't wrong legally? Really?
        Well, according to MGM, their trademark covers all possible fields, and common law trademarks cover what they haven't thought to register even if someone else was using it first. Best get down to the grocery store before they send a C&D to the makers of Rocky Road.
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        Anonymous Howard (profile), 30 Sep 2014 @ 6:46am
        
        Re: Re: Re: Re: Re: MGM isn't wrong legally? Really?
        I thought this run were about Rocky Road to Dublin.
        Time to change the "origin" of the race!
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- Kj, 25 Sep 2014 @ 2:34pm
  
  Re: MGM isn't wrong legally? Really?
  I don't often confuse 5k and 50k.
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Anonymous Coward, 24 Sep 2014 @ 2:53pm

I love that the public no longer views Cease and Desist letters as frightening and threatening but as a badge of honor and a source of positive publicity.
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- art guerrilla (profile), 25 Sep 2014 @ 5:25am
  
  Re:
  excellent point...
  [ link to this | view in chronology ]
S. T. Stone, 24 Sep 2014 @ 3:00pm

You know what this means.

Time for the Rambo City Destruction Run!
[ link to this | view in chronology ]
- JP Jones (profile), 24 Sep 2014 @ 6:30pm
  
  Re:
  No, definitely the Rambo Archery Contest =)
  [ link to this | view in chronology ]
scotts13 (profile), 24 Sep 2014 @ 3:11pm

When is the "official" race being held?
I'm from Philadelphia, and have poster board, paint, and a stick.
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zem, 24 Sep 2014 @ 3:12pm

Just rename it to the rockyroad run and see how that stumps them.
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- Philly Bob, 25 Sep 2014 @ 11:31am
  
  Re:
  Yeah, then you'll get sued by Ben & Jerry's because running will always be confused with Ice Cream.
  [ link to this | view in chronology ]
Dave Cortright (profile), 24 Sep 2014 @ 3:45pm

Run for the watershed!
Clearly this run is in honor of the tributary of Bull Creek in the NW part of the state. As soon as the organizers make this clear to MGM, I'm sure they will drop their suit.

https://en.wikipedia.org/wiki/Rocky_Run_(Bull_Creek)
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Josh (profile), 24 Sep 2014 @ 3:50pm

Easy fix
The new name is "Not Rocky 50K Fat @$$ Run"
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- Anonymous Coward, 24 Sep 2014 @ 3:59pm
  
  Re: Easy fix
  Why not call it the "Didn't pay MGM 50K Rocky and Paved Road Run"? The first part is factual, the last part is descriptive.
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  - Anonymous Coward, 24 Sep 2014 @ 5:51pm
    
    Re: Re: Easy fix
    "The Butthead Movie Studio Run"
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Anonymous Coward, 24 Sep 2014 @ 3:57pm

For a new name, I suggest "70's Boxing Movie Reference Run," with a "fuck the Hollywood greed machine" subtitle.
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- Anonymous Coward, 24 Sep 2014 @ 4:07pm
  
  Re:
  How about just the "Fuck Copyright Run". Come to think of it, maybe I'll start a variety of charity events in the name of "Fuck Copyright".
  [ link to this | view in chronology ]
  - ChrisB (profile), 25 Sep 2014 @ 7:18am
    
    Re: Re:
    This isn't about copyright, it is about trademarks. They have little to do with one another.
    [ link to this | view in chronology ]
    - Sheogorath (profile), 25 Sep 2014 @ 4:44pm
      
      Re: Re: Re:
      You're clearly not a rights holder.
      [ link to this | view in chronology ]
Anonymous Coward, 24 Sep 2014 @ 4:17pm

Source?
"The organizers at first responded with a form letter-like comment that explained their event was officially licensed"

This claim needs to be backed up. I hate current patent and copyright law, but making a claim that its "Officially Licensed" if it is not is bullshit.

I, for the first time in my life am on the side of those assclowns in entertainment.

Now for the next step... fix the law and move this shit to the public domain where it should be by now and call it a damn day!
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- Anonymouse, 24 Sep 2014 @ 5:19pm
  
  Re: Source?
  You missed the inference there.
  
  "After becoming aware of the Cerulean-run competing Rocky 5K/10K event, [...] The organizers at first responded with a form letter-like comment that explained their event was officially licensed..."
  
  The new run was claiming to be officially licensed in form-letter like replies to comments to their facebook before going silent.
  
  Your streak is unbroken, you are not on the side of the assclowns this time either.
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- Anonymous Coward, 25 Sep 2014 @ 7:04am
  
  Re: Source?
  The 'officially licensed' comment came from the new run not the event that received the C&D letter.
  [ link to this | view in chronology ]
gorehound (profile), 24 Sep 2014 @ 4:30pm

And it says that MAFIAA MGM is doing a Rocky Run so the other is now illegal.

So how much you bet those asshats of MGM stole the idea from the small DIY group.I am sure those greedbag asswipesa did do this.
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Spaceman Spiff (profile), 24 Sep 2014 @ 4:49pm

Just rename it
Just rename it to the "Crocky Run", and have tee shirts with a crocodile on them!
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- Zonker, 25 Sep 2014 @ 12:35pm
  
  Re: Just rename it
  Would you have to wear Crocs in the run?
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Devonavar (profile), 24 Sep 2014 @ 5:08pm

How can this be illegal?
I don't know much about the series, but there is a Rocky Run in the movie that is set in an actual place? And now the actual place isn't allowed to hold a run?

So, let me get this straight ... a fictitious movie is allowed to appropriate part of reality, but reality isn't allowed to appropriate it back?

That's twisted.
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- That Anonymous Coward (profile), 24 Sep 2014 @ 7:31pm
  
  Re: How can this be illegal?
  Not until 150000 years after the death of the author and the copyright expires at which point it MIGHT go into the public domain.
  [ link to this | view in chronology ]
  - ChrisB (profile), 25 Sep 2014 @ 7:21am
    
    Re: Re: How can this be illegal?
    What is going on? Why are the majority of you not understanding this has nothing to do with copyright.
    
    If some group organized a KISS run, and it wasn't licensed by the band KISS, then they'd get a C&D. What is so difficult to understand?
    [ link to this | view in chronology ]
    - Anonymous Coward, 25 Sep 2014 @ 10:44am
      
      Re: Re: Re: How can this be illegal?
      Why would Kiss need to sign off on a Keep It Simple Stupid run?
      [ link to this | view in chronology ]
  - Sheogorath (profile), 25 Sep 2014 @ 5:06pm
    
    Re: Re: How can this be illegal?
    Not until infinity - 1 day after the death of the author and the copyright expires, at which point it MIGHT go into the public domain.
    FTFY.
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Devonavar (profile), 24 Sep 2014 @ 5:11pm

Under what theory is this illegal?
I'm curious to know under what theory this is illegal?

It can't be copyright ... titles aren't creative enough to be considered copyright.

So ... trademark?

But trademark only applies in commerce. And, the "Rocky" movies are not in the industry of hosting runs, which should mean that the Rocky trademark shouldn't applies to runs. At least, not until they host an actual run.

So ... shouldn't the charity have rights to the trademark by virtue of the fact that they were there first?

So ... not trademark?

Then ... what?

How IS the Rocky 50K Fat Ass Run illegal?
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Androgynous Cowherd, 24 Sep 2014 @ 5:39pm

MGM is wrong
Look, MGM isn't wrong legally

Sure it is. A not-for-profit, charitable run is not a use in commerce under the Lanham Act, and there's certainly no copyright in the idea of getting a bunch of people together and running a particular route. I'm pretty sure that such a thing is outside the purview of patent law also. The only IPR left then seems to be trade secret law, and since there's no secret here ...
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Violynne (profile), 24 Sep 2014 @ 6:44pm

Rocky 50K Fat Ass Run
She should change the name to Sylvester Stony 50K Fat Ass Run.
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- Ninja (profile), 25 Sep 2014 @ 5:01am
  
  Re:
  Salvester Styllone 50k Fat Ass But not Pugilist run
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That Anonymous Coward (profile), 24 Sep 2014 @ 7:32pm

I wonder if the citizens can petition the city to yank approval for the "officially licensed" run.

You come to the city and shit on something citizens created, don't be amazed when they fight back.
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Anonymous Coward, 24 Sep 2014 @ 8:03pm

why was his run infamous?
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Anonymous Coward, 25 Sep 2014 @ 3:25am

the C&D is sent because it can be! just another example of what this whole planet is being turned into, one where absolutely nothing matters or is even considered, unless it is keeping some ass hole industry in control of something and making them money!!
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TRX (profile), 25 Sep 2014 @ 5:41am

If it was me... I'd contact Sylvester Stallone's agent and ask if they could get an official endorsement to call it the "Stallone Run" or something similar.
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Bob Bushman, 25 Sep 2014 @ 8:22am

Remove The Statue
Seems like a simple solution; if MGM doesn't want Rocky to be a part of the public zeitgeist, remove the statue. Or, more accurately, tell MGM that if they don't back down, the statue will be removed.

Contact the city council and mayor's office. Tell them you don't want public land used to enrich a private corporation that intends to exclude public participation in the cultural record. Tell them that they should make it clear to MGM that a condition of having a tribute to their intellectual property on public land is that the public can incorporate that cutural icon in their events.
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- Philly Bob, 25 Sep 2014 @ 11:35am
  
  Re: Remove The Statue
  It'll never happen...
  They'll (MGM) pay the politicos of Philly off and it'll disappear.
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