Robot 6

DC argues Spanish soccer club logo is too much like Batman’s

batman-valencia

DC Comics is reportedly challenging the new logo of a Spanish soccer team, insisting it too closely resembles the familiar Batman emblem.

According to Eurosport, La Liga club Valencia C.F. sought to register a trademark for a variation of its crest, leading the publisher to file a complaint with the European Union’s Office for the Harmonization of the Internal Market.

As the website notes, the bat has been used in Spanish heraldry since the 13th century, and is part of the coat of arms of Valencia and other cities in eastern Spain. Valencia C.F. has used bats in its club logo since 1919, two decades before the debut of the Dark Knight in Detective Comics #27.

However, trademark holders are required by law to protect their marks, which is why in recent months we’ve seen Disney attempt to block Deadmau5’s registration of his signature “mau5head” logo, and DC and Marvel defend their joint claim to “super hero” in the United Kingdom.

valencia logos

(via Screamer)

Comments

27 Comments

First world problems.

Batman always wins.

Colin - Sheffield

November 20, 2014 at 1:30 pm

Its football, FOOTBALL, not soccer. If the US needs to make a distinction between that game you play where people wear body armour and THROW the ball inbetween ad breaks then you can, under those circumstances call it Proper Football if you must BUTNOTSOCCER!!!!

Petulant what?

I would like to point out that – despite the fact that I hate the word – Soccer is in fact a British English word for Association Football. Not many American English words abbreviate with -er, do they? Originated at Rugby School to differentiate it from Rugger. Both, like American, Canadian, Australian and whatnot, are variants of Football. “Football” is just the most popular variant of the sport where you live.

Back on topic… DC, that’s just plain petty. Valencia and environs have been using bats since well before you existed – since well before your country was established, even.

So when is DC going to go after Bacardi due to their logo being a bat?

DC is now suing all bats on the planet for being too much like Batman.

Is that the Batman logo DC is going with to defend their argument, because it seems specious. There are dozens of Batman logos, it seems like DC can pick the one that looks closest to the Valencia bat and say…oooh, oooh, this one is too close to Batman, you have to shut it down. Because there is the curved Batman in the oval which is also popular, then there is also the Frank Miller Bat logo (which is being used in Superman v. Batman movie) which is different than this one, etc. This Bat in the example looks close to the Valencia bat, but the more circular oval Batman logo, which is also iconic looks very different.

So, this seems like legal nonsense to me, and DC/WB can pick out ANYONE who is using ANY Bat-like symbol and say- ooooh that’s like Batman (bring a Batman logo that’s similar from their 70 plus years of publishing history) “See!”.

I think those claiming this is petty are missing the most important part: trademark law requires this behaviour on DC’s part. My area of law isn’t intellectual property, but regular property law has a doctrine that requires people to act on possible infringements to their property or else potentially lose it. As I recall, and I could be wrong, if DC don’t try to argue this, they could potentially lose the trademark, which would not be particularly great.

I have the Valencia top from their 90th anniversary season, which looks like some kind of alternative Batman top – its great! The bat is made up of name of notable players and managers.

Shame I got David Villa’s name on the back, who left at the end of that season!

Here’s some pics:

http://www.soccerbible.com/performance/football-apparel/2009/07/football-shirt-news-valencia-cf-home-shirt-09-10-kappa-23-07-09/

As Matthew said it’s not (solely) a question of pettiness Trademark law requires active defending of one’s trademark else it is lost. Thus even if DC loses or wants to lose they still maintain trademark because they actively defended it

They better be careful or they may end up owing millions..cough..cough..DC Shoes..cough.

Well, I can understand the fight if the Spanish team plans on using ONLY the bat. However, if the bat is supposed to be a PART of the overall image (such as those displayed in the big picture), then it does verge on pettiness.

And looking at the Screamer link, a commenter there does note that the new intended design does bear a striking resemblance to the Terry McGinnis/Batman Beyond design. http://upload.wikimedia.org/wikipedia/en/1/17/Batsuit_(Batman_Beyond).jpg

Again–the trademarking the bat alone is a problem; if the team plans to use the yellow-and-red stripes WITH the bat image, then all would go away. (And that’s the key point that some folk seem to be missing. As the story notes–quite clearly– ” Valencia C.F. has used bats in its club logo” Note the use of the word “IN”–it doesn’t read “AS.)”

What should be asked here, is why during Morrison’s Batman Inc. run, there was no Batman of Valencia!
That is criminal.
Looking up the heraldry. the bat symbol is all over the city.

I get why DC has to do this, but it’s laughable, since as pointed out there is no constancy in their bat symbol any more, they use every version under sun(moon). They have no claim here.

I knew a dude who called his car the Batmobile. They gonna sue him next?

Valencia should countersue for DC infringing on THEIR bat symbol.

Stellaluna better watch out. . .

DC should go after Universal Pictures for having Bela Legosi turning into a bat in Dracula, as it looks just like that when he does.

Technically, god, mother nature, whomever/whatever should file a class suit against DC (or Bruce Wayne even, if he were real) on behalf of the whole bat community for infringing on (stealing) their design. Bottom line, the design itself is not original. It’s very basically a drawing of pre-existing creature found in nature.

Clearly DC guys never went to Spain neither drank rum; otherwise they’d have noticed Bacardi Rum. Just google it. It’s a spaniard rum brand from the late XIX century.

I think DC should drop the bat trademark, since it’s way used all over the world in the most variant items. It’s more important to keep the Batman trademark. Why does Batman have to wear a trademark on his chest? He’s not advertising himself for merchandising, he’s a vigilante. And it’s not like on a full-black suit you can crearly see it or makes sense (see Bale’s suit). I think the bat on the chest is just a gimmick to mimic Superman’s suit. Batman can be his own symbol with his cape and cowl, while Superman has to wear a big S on his chest or his suit would look bland and uninteresting.

After they take the soccer team to court, they could go after the Russian Spetsnaz next!

Of course. You can`t use an apple (Apple), a bat (Batman), a seagull (PP) as portion of your logo. Everyone knows!!!! The damn course will raise on you. Foolish rules, my friends. Y los picos también son pan como dicen en mi pueblo.

And who knows, at this rate the company of The Lord of the Rings will demand to the Spanish political party Podemos by the use of a ring in his logo.

I think DC Comics will lose this case. European trade marks law allows simillar logos when companies from diferent sectors. The possibility of confusion between companies is also an important issue (wich is not the case)

I look at most (not all) of these ignorant, emotional comments and I weep for humanity. But kudos to those who bothered to read the WHOLE article and actually understand it.

DC should sue Bacardi too, then. And all the bats, for being alive Batman logos flying around.

Clearly there’s bat’s in their belfry.

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