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Disney To Maker Of Hulk Power Tools: You Wouldn't Like Us When We're Angry...
from the trademarking-hulk dept
Marvel, now owned by Disney, apparently is not a fan of Airbase Industries introducing a new line of power tools under the brand name "Hulk." The USPTO allowed Airbase to register its own trademark, but Disney started an opposition proceeding. Of course, then Airbase came out with its first "Hulk"-branded powertool... and it's green. That made Disney angry. So, Disney has now filed a lawsuit, arguing that the combination of the name, the logo and the green color might lead to some confusion. The green color does seem a bit over the top, but a trademark is really only supposed to cover the areas of business that the mark is being used in, and I don't recall Disney power tools anywhere on the market...
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That's so sixties, Mike
At least for the ones that have teams of lawyers on staff.
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Re: That's so sixties, Mike
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Re: Re: That's so sixties, Mike
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Go back to the old school Hulk for inspiration.
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Endorsement that wouldn't help
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Re: Endorsement that wouldn't help
But that's exactly the point of trademark.
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Re: Re: Endorsement that wouldn't help
"But that's exactly the point of trademark."
Um, I think you missed my point. Normally someone will copy a trademark to help sell a product. In this case (me) it wouldn't help, in fact it would hurt.
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Re: Re: Re: Endorsement that wouldn't help
Also, it is proper to use "endorsed" when using a conditional subjunctive.
That's all.
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Oh! Help me Disney, I'm soooo confused.
I think this powertool is ummmm - what the hell is it?
Oh yeah, it a movie ... no wait,
it's a comic book, ahhh no it's not.
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This is actually very common.
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Re:
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Re: Re:
This is where the moron-in-a-hurry standard comes in. I'd like to think I'm not a moron, but if I saw such a toy, it would be tough for me to guess the actual affiliation-- was it made by the tool maker and endorsed by the comic maker, or the other way around?
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Re:
Frankly, "Hulk" cannot be patented or trademarked, it was around a long time before The Incredible Hulk was even THOUGH OF! It's a word dating back years, if not centuries.
Now, "The Incredible Hulk" meaning the character and it's IMAGE can be patented and trademarked. As long as this company making this power tool is not using the full "Incredible Hulk" name and image on their packaging or tool?
It's time and dandy by the CONSERVATIVE interpretation of the law.
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Not cool you guys
A fluorescent, rip-off green Hulk powertool? Oh yeah the construction workers are going to be all over that. See; Karma.
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Re: Not cool you guys
To put simply. The power-tool could easily be seen to be endorsed by "The Hulk" himself, which would be a breach of "The Hulk's" freedom of speech.
There's a UK case involving Eddie Irvine where a radio show made a poster that made it look like Eddie was endorsing them. Another one in Australia where a shoe company did a parody of Crocodile Dundee, which was fine, except the court found they went a step too far and a "fair minded person" could honestly believe Paul Hogan was endorsing the show company.
Its a contentious issue for sure but I see the point. You've got freedom of speech (not being forced to endorse something). Passing-off. And, lets not forget, economic incentives (which really should only come into play for damages).
It makes no difference if Disney doesnt make power tools, economically "The Hulk" is devaluing their trademark if they should ever want to license it (endorse) a power tool. But like I said, that should only affect damages in my opinion.
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Re: Re: Not cool you guys
Trademark is NOT meant to cover things that are totally OUTSIDE the business that the people are in, unless they have ALREADY SIGNED AN AGREEMENT WITH SOMEONE ELSE to endorse their product before this product comes out.
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Re: Re: Re: Not cool you guys
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Re: Re: Re: Re: Not cool you guys
The word 'Hulk' has been around for years, if not centuries. It is a word that means 'very powerful' and has for a long time. Hulking brute dates back to 1700's England, at least.
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Re: Re: Not cool you guys
That's not how trademark law works.
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Re: Re: Re: Not cool you guys
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Re: Re: Re: Re: Not cool you guys
I bet if you made "Joe's Pizza Mountain" with a volcano or "pacific" theme he'd have a damn good go though....
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Yeah, uh, I CALLED IT
'Tards.
DISNEY IS THE SINGLE MOST LITIGIOUS COMPANY ON THE PLANET WHEN IT COMES TO THEIR IP.
I TOLD you this sort of thing would happen.
The death knell, and I'm calling it HERE, is when they come down on fan/artist sketches, posters, etc at conventions, and either shut that side of things off, or demand usury-level licensing fees to do it.
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Re: Yeah, uh, I CALLED IT
This whole story is so Mickey Mouse
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Re: Re: Yeah, uh, I CALLED IT
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Re: Yeah, uh, I CALLED IT
That is how fanfiction and adult fanfiction websites get around those IP laws, by posting disclaimers on their stories.
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Re: Yeah, uh, I CALLED IT
Until recently, neither he nor the WWF/WCW (titan Sports) owned the full rights to his "Hulk" name. "Hulkamania," "Hulk Hogan," and "Hulkster" were all owned by Marvel Comics. The WWF/WWE made a deal with Marvel to use the name "Hulk." This was also done with WCW when Hogan went to WCW. Also, WCW used "Hollywood Hogan" to cancel the Marvel deal, but the deal was still alive. However, before the 2006 release of his multidisk anthology, Hogan acquired the rights to the name Hulk Hogan from Marvel. The trademark citation "Hulk Hogan is a trademark of Terry Bollea" can be found on the DVD-set credits.
The above was taken from IMDB.com
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Seriously though, I would argue trademark is supposed to protect your branding and avoid market confusion. Looking at that air compressor, I'd be thinking, "WTF is Disney doing making power tools?"
Just because they aren't in that particular business doesn't mean they can prevent someone from using their brand.
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The jury will hand the tool makers their asses
My suggestion: Come up with a comic book character first, then animate it, then make a movie of it. Then they can make their tool set in the honour of their character.
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Re: The jury will hand the tool makers their asses
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Re: Re: The jury will hand the tool makers their asses
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Re: Re: Re: The jury will hand the tool makers their asses
If you just said "Ripped Purple Pants".... I would just think of the things like my young cousin wore: holey as hell purple shorts/pants that are 'in fashion' today.
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Re: Re: Re: Re: The jury will hand the tool makers their asses
Assuming that's true, is copyright and trademark law really that vague? That you can claim rights over a combination of an adjective (and at that one not directly the apparant trademark "Incredible...") and a common noun and verb decriptor on the basis that it might make people think of your product? I'm willing to believe the answer is yes, but I'd be interested in both the "correct" answer and a justification of why this should be so if it is.
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Subject
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Disney again?
Just to throw wood on the fire... shouldn't The Hulk be public domain by now since he's been around since the early 60's? And should you be able to trademark a dictionary word? Does it need to be a specific "Hulk Green" colour to be infringing or could you then claim rights over a verdigris abandoned ship?
Hulk:
•a ship that has been wrecked and abandoned
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Syntax
every advertisment should begin with the words:
using namespace power_tools
or
using namespace fictional_superheroes
there - fixed it for you.
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....
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http://www.amazon.com/Fisher-Price-Handy-Manny-Right-Power/dp/B0016J2PMU
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solution
"due to disney lawsuit we can't use green or grey"
make it bright pink
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HULK name used [check] / Green in color [check]
http://kelley.4frontes.com/Products/LiftProducts/ld.aspx
I've downloaded the "Kelley HULK Dock Lift Brochure", and based on the current tool suit, the logo in the brochure sure looks like it's headed for sue-town.
Sounds like the, "Monster Cable - sue everybody" rule might be just getting started for Disney/Marvel legal team and the "HULK".
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