The Emmys People Are Opposing A Pet Products Company Named After A Dog Named 'Emmy'
from the woof dept
In the pantheon of dumb trademark disputes, you would probably expect there to be some correlation between the volume or level of dumb of a dispute and the involvement of a member of the entertainment industry. Without having any hard data in front of me, I still feel quite comfortable stating that this expectation is almost certainly correct. The entertainment industries are notoriously protective of all things intellectual property, after all. Still, sometimes you run across a dispute that is so silly it takes your breath away.
Meet Kevin Rizer. Kevin owns a pet products company in Texas. When he named his company, he drew inspiration from his own furry, four-legged friend, his cancer-surviving dog, whose name is Emmy. Thus, Emmy's Best was created to make pet products, and, damn it, you already know where this is going, don't you?
Last February, Rizer filed for a trademark for Emmy’s Best. That’s when he said the National Academy of Television Arts and Sciences pushed back. NATAS, the organization behind the Emmy Awards, claimed the trademark would confuse consumers, according to Rizer.
“They don’t think people can tell the difference between a pet products company…. and what they do… which is give out awards,” Rizer said.
It should go without saying that this trademark opposition from NATAS is ridiculous. The two companies aren't remotely in the same marketplace, never mind competing with one another. On that same level, it's a stretch to suggest that any member of the public is going to go shopping for their beloved pets and suddenly find themselves confused into thinking that the Emmy awards are somehow involved. Despite this, Rizer tried to reason with NATAS, going so far as to offer to drop the trademark application entirely. NATAS, however, says this isn't enough and is demanding that Rizer's business name be changed entirely.
Its reasoning? Well, Emmy the dog was given that name because Rizer at one point wanted to win an Emmy. Seriously, NATAS, highlights this "About Us" page on Emmy's Best's website as evidence.
I had always wanted an Emmy, but not this one. You see, I was a struggling television director/producer when this white bundle of a fur ball came into my life. Having always wanted to win an Emmy award, a friend recommended that I name my new puppy Emmy. Eight years later, there is still only one Emmy in my life, and I wouldn't have it any other way. This white labrador retriever-human mix has brought more joy, satisfaction and companionship into my life than any shiny statue ever could. It is with great pride that Emmy's Best Premium Pet Products was born, and bears my Emmy's name.
With that ammunition, NATAS claims the name must be changed.
“Emmy has been the premier mark of excellence in television for seven decades,” wrote Paul Pillitteri, the senior vice president of communications for NATAS. “Emmy’s Best cites this legacy as its inspiration for copying the famous Emmy trademark.”
“EMMY® has been the premier mark of excellence in television for seven decades. Emmy’s Best cites this legacy as its inspiration for copying the famous EMMY trademark. We are actively and generously seeking an agreement that allows the company to continue to grow without infringing this iconic trademark.”
It's hard to imagine a better example of big versus small trademark bullying at work, particularly as Emmy is now waging a third battle with cancer and may not live through the rest of the year. Emmy's owners, meanwhile, are locked into a stupid trademark battle just because NATAS wants to play the unreasonable bully.
Real good look for the entertainment industry, guys.
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: awards, dogs, emmy awards, emmys, kevin rizer, trademark, tv
Companies: emmy's best, natas
Reader Comments
Subscribe: RSS
View by: Time | Thread
Using a dog as a brand icon makes good sense. It's 100% safe. Unlike a human, who might have, for instance, cracked a joke many years ago that is now considered too un-pc. That's Kevin Hart, who was just fired from that other awards show.
And a female dog is an especially safe brand, due to the "rape culture" of male dogs infamously known to take place in dog parks.
[ link to this | view in chronology ]
Response to: Anonymous Coward on Dec 7th, 2018 @ 4:46pm
[ link to this | view in chronology ]
Just don't Cond Emmy
[ link to this | view in chronology ]
Emmy, a name that knows no bounds
The imperiousness of these souls, astounds.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
State of higher education
[ link to this | view in chronology ]
Re: State of higher education
[ link to this | view in chronology ]
Re: Re: State of higher education
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Given the crap that comes out of Hollywood, it's totally plausible that somebody scooping their dog's poop could confuse the two.
[ link to this | view in chronology ]
Dog
[ link to this | view in chronology ]
No worries,
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Update:
Hi everyone, unfortunately our battle continues. We’re doing a push for some exposure, and have also created a GoFundMe campaign to help with mounting legal bills. Please consider sharing and help us to continue the fight: www.gofundme.com/emmythedog
Kevin
Founder, Emmy’s Best Premium Pet Products
[ link to this | view in chronology ]