trademark Archives - Robot 6 @ Comic Book Resources

DC seeks to stop software company from trademarking ‘Gotham’

gotham city

After drawing widespread attention last week for its effort to block singer Rihanna from trademarking “Robyn,” DC Comics has turned its attention to Gotham.

In documents filed Tuesday, and first reported by Pirated Thoughts, DC has asked the United States Trademark and Patent Office to reject an attempt by software company Palantir Technologies to register “Gotham” as the name of a computer program. As the law blog notes, the product was previously referred to as “Palantir Gotham,” but for unknown reasons the company decided to drop the first half of the name, thereby attracting the watchful eyes DC’s attorneys.

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Retail giant puts walmart.horse parody site out to pasture

walmart horse

Following a two-month fight with Walmart, cartoonist Jeph Jacques has shut down his parody site walmart.horse and turned over the domain name to the retail giant.

“I didn’t feel like fighting them any more,” Jacques, creator of the webcomic Questionable Content, told The Guardian.

Launched in February, the website consisted solely of the above image, created from two public-domain photos superimposed on one another. The idea came to the cartoonist after he saw a list of new Top Level Domains, domain-name extensions that reflect specific interest. “The idea behind the site started out as a conversation with a friend of mine,” he explained in March. “We were extremely amused by the new .horse TLD and decided to register a bunch of ridiculous domain names with it.”

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DC moves to stop Rihanna from trademarking ‘Robyn’

rihanna

DC Comics is attempting to prevent the singer/actress Rihanna from registering a trademark for “Robyn,” arguing that it’s too similar to the name of Batman’s sidekick.

As first reported by Pirated Thoughts and The Outhousers, Rihanna — born Robyn Rihanna Fenty — filed the trademark application in June 2014 as part of a larger effort to build a fashion and cosmetics empire (she also filed an application for her last name). “Robyn” is intended to be used for “providing on-line non-downloadable general feature magazines,” which apparently sent up a red flag for DC’s lawyers.

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Disney and Marvel settle Spider-Man dispute with theater

marvel superheroes

Disney and Marvel have reached a settlement with a Pennsylvania theater in a copyright- and trademark-infringement case that unexpectedly turned into another front in their legal battle with Stan Lee Media.

Law360 reports American Music Theatre has agreed to stop using Spider-Man and other Disney properties without permission, bringing to an end a September 2013 lawsuit over the musical revue Broadway: Now and Forever. If the Lancaster, Pennsylvania-based theater violates the permanent injunction and consent order filed Thursday, it must pay $25,000 in actual or liquidated damages per work, plus attorneys’ fees.

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Comics A.M. | One party dropped from ‘comic con’ lawsuit [Updated]

Comic-Con International

Comic-Con International

Legal | There’s one fewer party in the lawsuit over the use of the term “comic con”: Newspaper Agency Corp., which produces materials for Salt Lake Comic Con, has settled with the organizers of Comic-Con International in San Diego. Comic-Con sued both in August, claiming trademark infringement. Update: A Comic-Con International spokesman clarified that the settlement with the Newspaper Agency Corp. — a printing, advertising and delivery company owned by The Salt Lake Tribune and the Deseret News under a joint operating agreement — is already in effect, with the company agreeing to a court order that prevents it from using the mark “Comic-Con,” “Comic Con” or its variants in the materials it produces. The lawsuit against Salt Lake Comic Con organizers continues. [The Salt Lake Tribune]

Crime | Someone tossed a homemade fire bomb into the offices of the German newspaper Hamburger Morgenpost at about 2 a.m. on Sunday. Firefighters put out the fire quickly, and no one was in the offices at the time. The paper published three of the controversial Prophet Muhammad cartoons from Charlie Hebdo on Thursday with the headline “This much freedom must be possible!” [The Telegraph]

Editorial cartoons | Michael Kupperman relates his frustrating, and short-lived, experience as a cartoonist for The New York Times. [The Hooded Utilitarian]

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Spanish soccer team abandons new bat logo after DC challenge

batman-valencia

A Spanish soccer club has decided not to use an updated version of its traditional bat emblem, avoiding a possible legal fight with DC Comics.

News surfaced last week that the publisher had opposedd the trademark registration by La Liga club Valencia C.F., insisting the new variation of the team’s bat crest too closely resembles the familiar Batman emblem.

But now, The Guardian reports, Valencia says it no longer plans to use the new design after DC “presented its opposition to the request.” The club emphasized “there does not exist a lawsuit by DC Comics.”

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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.

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Deadmau5 responds to Disney, reveals fallout of trademark fight

disney-fantasica-deadmau5

When we last left Deadmau5, the world-famous DJ/producer was publicly accusing Disney of copyright infringement in retaliation for the entertainment giant’s effort to block the trademark for his signature “mau5head” logo. At 171 pages, the company’s notice of opposition was certainly thorough, but that’s nothing compared to the DJ’s formal response.

Hollywood Esq. reports that on Monday, Deadmau5 filed more than 1,000 pages — when you take exhibits into account — with the U.S. Patent and Trademark Office, addressing not only the drier issues of whether his logo might be confused with Disney’s famed mouse ears, but also some considerably more interesting matters.

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Comics A.M. | San Diego & Salt Lake cons to meet about lawsuit

Comic-Con International

Comic-Con International

Legal | A conference has been scheduled for Oct. 27 in San Diego to discuss a possible settlement in the trademark dispute between Comic-Con International and Salt Lake Comic Con regarding the latter’s use of “Comic Con.” Comic-Con International filed lawsuit last month, claiming Salt Lake organizers are attempting to “confuse and deceive” fans and exhibitors with their use of the term. Salt Lake Comic Con formally responded on Monday, denying those accusations and asking a federal court to find Comic-Con International’s trademarks invalid. [The Salt Lake Tribune]

Banned Books Week | Reporter Sydney Gillette gets the local angle on Banned Books Week, talking with a local comics retailer and a librarian. While Missoula, Montana, has very few book challenges, the most recent one at the public library involved a graphic novel, The Furry Trap, by Josh Simmons. Neither the public libraries nor the schools in the area have ever removed a book in response to a challenge. [Montana Kaimin]

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Salt Lake convention formally responds to ‘Comic Con’ lawsuit

salt-lake2014After first responding with press releases and a webpage, Salt Lake Comic Con organizers have now formally denied claims that their use of the term “Comic Con” infringes upon Comic-Con International’s trademark.

Comic-Con International sued the Utah event last month, insisting organizers were attempting to “confuse and deceive” fans and exhibitors with their use of “Comic Con.” The lawsuit specifically cited a customized Audi sent to San Diego during Comic-Con International to promote the Sept. 4-6 Salt Lake City convention.

In documents filed Monday in federal court in San Diego, Salt Lake producers Dan Farr and Bryan Brandenburg argue Comic-Con International’s asserted trademarks are invalid, and that “comic-con” and “comic con” are generic terms applied to comic conventions. They point to 10 other conventions that use some variation of the term, and note that SDCC has never taken action against them. The defendants ask for Comic-Con International’s trademarks to be ruled invalid and canceled.

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Deadmau5 fires back, accusing Disney of copyright infringement

deadmau5-publicity

Bristling for a fight with Disney over its bid to prevent him from trademarking his signature mouse-head logo, DJ/producer Deadmau5 has wasted no time in returning fire.

Rolling Stone reports the progressive-house performer is accusing the entertainment giant of using one of his songs in an animated short without permission. Linking to a Disney.com video featuring footage from classic Mickey Mouse cartoons set to the tune of Deadmau5’s 2009 track “Ghosts ‘n’ Stuff,” the DJ tweeted, “Okay mouse, I never gave Disney a liscene [sic] to use my track. So. we emailed you a C&D.”

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Disney tries to block Deadmau5 logo trademark

deadmau5

Disney is attempting to prevent DJ/producer Deadmau5 from trademarking his signature mouse-head logo, claiming it’s too similar to the iconic Mickey Mouse silhouette. Signs that the entertainment giant would oppose the application surfaced in late March.

In a staggering 171-page notice of opposition filed Tuesday with the United States Patent and Trademark Office, and first reported by TMZ, Disney traces its use of the familiar imagery back to “at least 1928,” with the introduction of Mickey in Steamboat Willie. Disney news site Stitch Kingdom has more details about the filing, in which the company argues the mouse ears have been a key element of its consumer products “at least as early as 1955″ (that’s the year The Mickey Mouse Club premiered on television).

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Comics A.M. | Does SDCC have a case against Salt Lake Comic Con?

Comic-Con International

Comic-Con International

Legal | Attorney Evan Stassberg finds two significant problems with Comic-Con International’s trademark-infringement claim against Salt Lake Comic Con over the use of the term “Comic Con”: There are a lot of shows called “comic con,” so it could be argued it’s a descriptive term that’s not specific to the San Diego event, and precisely because there are so many events that use that term, it could be argued that Comic-Con International organizers haven’t been policing their trademark. Strassberg adds, “The Salt Lake organizers’ steadfast defiance and ongoing gravitas has turned a simple trademark dispute into a national news story with mountains of free publicity for the Salt Lake event. If this was intentional, it is an astonishing display of marketing genius. If this was mere happenstance, it is the comic book convention equivalent of the accidental invention of Post-It notes.” [Deseret News]

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Doyle estate loses appeal over Sherlock Holmes copyrights

watson-holmes6In the end, a federal appeals court didn’t find the case of Sherlock Holmes’ copyright status as mysterious, or as complex, as the Arthur Conan Doyle estate hoped, and today upheld that the bulk of the stories have lapsed into the public domain in the United States.

As Hollywood Esq. reports, the Seventh Circuit Court of Appeals didn’t buy the Doyle estate’s novel claim that Holmes is a “complex” character who was effectively incomplete until the author’s final story was published in the United States, leaving the entire body of work protected by copyright.

Although 50 Sherlock Holmes stories were released before Jan. 1, 1923, Doyle’s heirs have long insisted that publishers, television networks and film studios pay a licensing fee to use the characters and story elements. Many, including Warner Bros. and CBS, complied, but Sherlock Holmes expert Leslie Klinger refused to fork over $5,000 while assembling In the Company of Sherlock Holmes, a collection of new stories written by different authors. When the Doyle estate sent a letter to the publisher threatening to block sales of the book through Amazon, Barnes & Noble and other retailers, Klinger sued.

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Doyle estate insists Sherlock Holmes remains under copyright

sherlock holmesThe estate of Arthur Conan Doyle asked a seemingly unsympathetic Seventh Circuit on Thursday to overturn a lower-court ruling that the elements from the first 50 Sherlock Holmes stories have lapsed into the public domain in the United States.

According to Law 360, estate attorney Benjamin Allison insisted that U.S. District Judge Ruben Castillo erred in December 2013 when he rejected the novel argument that the characters were effectively incomplete until the author’s final Holmes story was published in the United States, leaving the work protected by copyright. Castillo instead determined that all but the 10 short stories published after Jan. 1, 1923 are now part of the public domain, permitting writers and artists to use a majority of the characters and elements without paying a licensing fee to the Doyle estate.

The Seventh Circuit’s three-judge panel appeared no more enamored with Allison’s argument than Castillo did, with U.S. Circuit Judge Richard Posner characterizing the estate’s position as a “very aggressive attempt to enlarge copyright law.” He said if the appeals court were to accept the estate’s position, it would create an “irresistible temptation” for copyright holders to keep creating variations of early works simply to keep them out of the public domain.

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