See, Taiwan should learn from California about how to protect IPR rights. As the little news blurb put it:
The legendary Hells Angels Motorcycle Club is suing Walt Disney, Buena Vista Motion Pictures, and a movie production company for trademark dilution infringement and dilution for developing and producing
Wassat? Sounds sinister though.
HG
Interesting case.
I see from your link that the Hells Angels aren’t represented by a big name IP firm, but instead by a Sacramento firm that specializes in personal injury defense. You’d think they’d have enough sense to hire proper counsel. But, then again, I guess it doesn’t take a genius to handle a trademark infringement action.
But I agree with the point I think you’re trying to make, Brian. This hardly furthers their reputation that they’ve apparently strived to cultivate over the years as a bunch of bad-ass rebels. Not only filing this lawsuit, but the fact that they had all those trademarks registered in the first place. True bad-ass rebel bikers wouldn’t play around with such pansy shit – they’d just smash a bottle over the head of anyone who offended them.
Sounds like they have a strong case re infringement. If all those marks are properly registered and Disney used them repeatedly without authorization in the movie and the movie marketing materials then maybe they should just settle and get it over with.
The other theory – dilution – is an interesting one in this case. The legal theory of dilution is somewhat controversial. Under the theory of trademark infringement it is necessary to prove that the public might be confused about the source of the goods (ie. a fake Junsport bag or Abbidas shirt in Taiwan). Not so with dilution. With dilution one can be liable even if the public obviously knows the owner of the trademark had nothing to do with its use in this instance. Instead, under dilution it is only necessary to prove use of the same or similar mark in a manner that might (a) take away from the distinctiveness or uniqueness of the registered mark or (b) tarnish its reputation. Thus, if one sold Mickey Mouse bongs, Disney could argue under (b) that maybe no one would be confused into thinking the Disney company was responsible for the bongs, but the use of the registered mouse trademark on the bongs tarnishes, or harms the pure and wholesome reputation that Disney has built up over the past 90 years, or whatever.
Applying the theory of dilution (at least with regard to tarnishment) in this case is interesting because the Hells Angels have a sound reputation as a bunch of degenerate, hell-raising, law-breaking neandrethals. So how could someone use their trademarks in a way that would harm their reputation? I would think the only way their reputation could be harmed in this case is if people associate Hells Angels with those namby-pamby, Christian, do-gooder family-types at Disney and no longer tremble with fear at the old reputation of the Hell-raising Angels.
Wassat? Sounds sinister though.
HG[/quote]
Forced oral copulation. As opposed to rape (forced vaginal copulation).
Can I mention the lawer’s name for a cheap and mean-spirited giggle ?
Fritz Clapp
Thank you
Urrgh, what a thought, but thanks for the clarification.
Has to be bad for business, especially the standover game.
HG
Good summary, MT.
I think the Angels have a very good case, and I would argue just as you suggest above re tarnishment… and I believe that the attorney is actually making that very argument in an implied manner.
This will be an interesting case to watch.
Thanks to Brian for posting this!
BTW, Taiwan’s Trademark Law provides for protection from dilution, and this makes Taiwan quite progressive (if you agree that there should be protection from dilution… as MT pointed out, this is still somewhat controversial)… many nations, including Australia, still do not have dilution clauses in their respective laws… here is Taiwan’s:
Article 23 (12) A trademark application shall be rejected if the proposed trademark is identical or similar to another person’s well-known trademark or mark and hence is likely to confuse the relevant public or likely to dilute the distinctiveness or reputation of the said well-known trademark or mark. However, the aforementioned shall not apply to an application filed with consent from the owner of the said well-known trademark or mark…
Glad you folks found the case interesting and amusing. In a weird way the Angels have always kept a legal or at least business eye on their name. If I remember right way back when Hunter S. Thompson was writing a book on the Angels (called cleverly enough Hells Angels) when they found out the book was going to be about them, they pressed Thompson for some of the profits. Their rationale being you are writing a book about us, based on us talking with you and letting you hang out with us: ergo, we should get a piece of the profits.
And now, decades later they got their trademarks and their IPR suits. Ah, such is life. Although I suspect the meth trade is still their number one profit maker.
Yours in Outlaw Law,
Brian
And Harley-Davidson has turned out to be a darling of Wall Street. Go figure.
[quote] If I remember right way back when Hunter S. Thompson was writing a book on the Angels (called cleverly enough Hells Angels) when they found out the book was going to be about them, they pressed Thompson for some of the profits. Their rationale being you are writing a book about us, based on us talking with you and letting you hang out with us: ergo, we should get a piece of the profits.
[/quote]
Thompson got his butt kicked as well by a member called Junkie George. He was supposed to buy them a few kegs of beer but never delivered on the deal.
Sonny Barger ( founding member of the Oakland chapter of the Hell’s Angels ™ claimed thet Harley stole the idea for there colors (orange and black) from the Angels.
“I painted myself like a pumpkin to match the new orange of my motorcycle on Halloween night at the Fillmore, 1968. Someone worked at the Bay Bridge brought me some orange spray cans, so I painted my bike with what would soon be called “Oakland Orange”. It was a kinda bright racing orange…forget the symbolism it was free paint.”
p.57 “Hell’s Angel”
And for their design,
“We destroyed the original Harley design and image by taking stuff off “their” bikes and replacing them with our very own parts. I think the Hell’s Angels ™ are responsible for a lot of the current designs and workmanship on modern motorcycles.” p.62 “Hell’s Angel”