« Man sets home and shed ablaze while trying to get rid of bees | Main | Student gives the finger, curses his family at graduation ceremony »
HBO won't let you name your business "[Anything] and the City"
Handbags and the City is changing its name to Handbags in the City under threat of legal action from the HBO-show-turned-movie. Segs in the City -- a Segway tour firm that's been around for five years -- has also been threatened by HBO's copyright police. Segs' owner got his letter on April 1 and thought it was a joke. (Baltimore Sun)
June 6, 2008 | Permalink
Comments
Is it just me or are some copywrite laws getting pretty ridiculous?
Posted by: twerp | Jun 6, 2008 6:39:27 AM
What?! How about HBO, "Lick my Taint and the City"
Posted by: sometimesilie | Jun 6, 2008 6:41:22 AM
This is nothing new Twerp and it happens all the time. Of course we think it is silly and ridiculous when it happens though.
Posted by: The Asshole Guy | Jun 6, 2008 6:41:37 AM
Twisted Sister should sue SATC for having the main character look just like Dee Snider.
Posted by: SwarthyTroll | Jun 6, 2008 6:49:30 AM
I'm going to sue carrothead for stealing my haircut.
Posted by: carrot | Jun 6, 2008 6:55:20 AM
Now you can have sex in the country only.
Posted by: | Jun 6, 2008 7:53:41 AM
Twerp. I don't blame the trademark laws here. My guess is if these companies tried to defend themselves they'd win. The problem is you have this huge company threating little mom and pop shops which can't afford the legal bills. That's why for BS cases like this they need to be able to fine the company for filing a frivilous lawsuit.
Posted by: G-Man | Jun 6, 2008 7:53:49 AM
Hmm, I wonder when, if ever, HBO is going to adjust its cup, straighten its stockings, fix its lipstick and explain the concept of "intellectual property rights" to a billion chinese who produce millions of dollars worth of knock-offs: such as chanel bags, manolo pumps, and ah...sex and the city DVDs.
Posted by: nellagain | Jun 6, 2008 8:06:34 AM
So, should this place sue HBO?
http://www.saxonsc.com/
It's Saxon The City.
Posted by: jilldini | Jun 6, 2008 8:09:29 AM
Copyright laws have become outrageous in this country, and we can lay the blame squarely on the shoulders of Mickey Mouse, his lobbyists, and our owned-and-paid-for elected officials. Copyright laws were originaly meant to reward the creator, and then allow works to eventually fall into the public domain for the enrichment of all society. Not anymore. Take, for example, the Lord of the Rings, written 55 years ago by a guy who has been dead 35 years. Is it in the public domain? No it is not - Tolkien's kids (and grandkids) continue to this day to make a boatload of money off of of creative work they had absolutely nothing to do with creating. Oh, but I could go on. BAH!
Posted by: Drake Timbershaft | Jun 6, 2008 8:12:24 AM
I can't really believe this would hold up in court, however these small companies dont have the finances to be fighting HBO...
Posted by: cherie | Jun 6, 2008 8:17:54 AM
There goes the name for my saxophone store.
Posted by: WellThen | Jun 6, 2008 9:23:12 AM
eh...can't imagine *wanting* your business to be associated with a buncha skanky cows ennyway.
Posted by: Cluckie | Jun 6, 2008 9:23:39 AM
What if I wanted to write a book and call it Sex in the Village...what then?
Posted by: cherie | Jun 6, 2008 9:24:21 AM
So HBO doesn't own "handbags in" obviously. So their claim is to the words "the city"
those golden state warriors better stop selling their shirts that say "The city" on them.
Posted by: boynamedsue | Jun 6, 2008 9:24:22 AM
First, nit-picking: copyright applies to entire works, like books and movies; trademark applies to names, logos, etc. Copyright happens upon creation; trademark must be researched and analyzed to avoid conflicting trademarks. This news story has nothing to do with copyright (they're not copying parts of the movie), it's a trademark dispute (they're using the name to sell their own products).
Now, trademarks have a much narrower identity than copyright -- you can trademark your restaurant as McDonald's, but you can also trademark your foot-powder as McDonald's; they're different industries, and there's minimal possibility of the two being confused for each other. Sex and the City is a trademark for a TV show and film -- you, in theory, should be able to trademark 'Sex and the City' for your foot-powder brand, if it so strikes you, because you shouldn't confuse the two as being an endorsement of, or created by, the other. However, I think HBO is of the opinion that if anything appeared on their show (restaurant/vibrator/handbag), using 'sex and the city' or a pun thereof to sell your product would confuse the average consumer into thinking HBO endorses your product. It does have a certain base in reality, depending on how close the pun is to HBO's trademark...we had a strip club here in Fargo that was originally called "Northern Exposure", but CBS put a stop to it because their TV show's trademark could be confused for the strip club (I think the strip-club voluntarily dropped 'exposure', going just by "The Northern" today; their sign still has an obvious void where 'exposure' was removed). Also, Apple Records sued Apple Computers in the 1980s, the result of which was that as long as Apple Computers didn't go into the music business they'd be OK -- that was fine, until iTunes was launched. Also, unlike copyright, trademarks can become public domain simply by neglecting to enforce the rights, which is how kleenex and q-tip entered the regular language. If HBO lets their name become part of the lexicon as a common phrase, they'll lose the name. Not that I agree with it -- really, too many businesses are banking on licensing fees rather than getting actual value from the product itself -- but it's the way things works, so HBO isn't acting out of line with the trademark laws.
Posted by: Azrael Brown | Jun 6, 2008 9:30:29 AM
hey jilldini -
at least you dont have to worry about pittsburgh setting up 'stanley cup and the city'
y'know why? the stanley cup is in detroit because the pens couldnt beat them.
Posted by: buddy | Jun 6, 2008 9:40:06 AM
Every time I see an ad for that movie, I keep thinking it's for "Seabiscuit 2." God-DAMN, but SJP is one ugly, horse-faced woman.
Posted by: Howie Feltersnatch | Jun 6, 2008 10:05:20 AM
Cherie - i'd buy a copy.
Posted by: BFT | Jun 6, 2008 10:30:36 AM
Sterilize them and the city.
Posted by: Farmer Bob and the City | Jun 6, 2008 11:21:50 AM
BOW DOWN AND WORSHIP THE GREAT GOD.........HBO
Posted by: | Jun 6, 2008 12:02:54 PM
Well, I'm going to sue that Dustin-American-Idol guy for stealing my hair cut.
Posted by: carrot top | Jun 6, 2008 1:45:29 PM
I think McDonalds sends out that same sort of letter to any company that puts a Mc in front of its name
totally stupid but small businesses can't fight that kind of money
Posted by: Lambiepie | Jun 6, 2008 2:33:39 PM
I'm gonna McSue Carrot Top for McStealing my McHaircut and then I'm gonna McSue Carrot.
What do you McThink about McThat?
I'd like a McRib with some McFries, McNow.
Posted by: Ronald McDonald | Jun 6, 2008 9:18:02 PM
Yeah, well, I'm gonna sue Ronald McDonald b/c I've been sporting the haircut the longest. So Ha HA!
Posted by: Buckwheat | Jun 6, 2008 9:19:24 PM
