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MrTerrorist
Joined: 20 Oct 2010
Posts: 1348
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Posted: Tue Mar 08, 2011 10:58 am
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John Casey wrote: | So....um, how does this work? These guys are filing a suit for work that...came out before theirs, which was registered before theirs, that somehow infringes on their later registration...? Next: ...They can't even hire a godamn bloodsucker of a lawyer? That certainly says a lot. Next: ...They want 1 billion dollars in damages? ...Wut?
(Reading this article gave me BRAIN DAMAGE. Can't I now sue these jackasses for 1 billion dollars too on account of "damages"?)
...Huh. You know, this reminds me a lot. They're trolls. They have a lot in common with this guy...
They ought to hang out more. Start scheming on who to sue next for copyright infringement. |
Ah yes. I remember Tim Lagendall (if that's his name), the man who thinks he claims copyright on the word "Edge" and sues anything with that name and the reason why the Mirrors Edge sequel was on hold. Luckily that won't be happening anymore since the courts have strip him of his rights to the word "Edge" for fraud and falsifying evidence.
Back to the main topic. These brothers who are suing are gonna lose. HARD.
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nhat
Joined: 21 Jan 2008
Posts: 922
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Posted: Tue Mar 08, 2011 11:00 am
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vashfanatic wrote: | Let me get this straight: these guys are claiming that because in 1995 they came up with a title similar to a series that ran from 1986-1990, the earlier series somehow infringed on their copyright?
Uh.... I'm not legal scholar, so can somebody else answer me this: huh? |
I'm not 100% sure but from what I understand, Toei only had the copyright in JP and not in the US until 02.
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Goggen
Joined: 08 Feb 2011
Posts: 88
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Posted: Tue Mar 08, 2011 11:07 am
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nhat wrote: | I'm not 100% sure but from what I understand, Toei only had the copyright in JP and not in the US until 02. |
That makes no sense. They made it, they own the copyright everywhere. There's a reason American anime distributors have to pay up big $$$ to Japanese companies for anime rights.
I think this is just about the fact that the actual English title is similar. But it's not exactly the same, so... No, I don't think they really have a case either way.
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FaytLein
Joined: 21 Jun 2008
Posts: 1260
Location: Williamsburg, VA
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Posted: Tue Mar 08, 2011 11:30 am
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There's no publicity like free publicity. These two knuckleheads are probably secretly hoping that this lawsuit will somehow revive their terribly named work and recoup the money they sank back in 95. Just another example of how people always search for the quick buck. This case should be laughed out of court simply for the ludicrous payout they are expecting.
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Shiroi Hane
Encyclopedia Editor
Joined: 25 Oct 2003
Posts: 7580
Location: Wales
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Posted: Tue Mar 08, 2011 11:30 am
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The dispute is over the copyrights and trademarks. As stated by the article, despite the Saint Seiya franchise existing since the 80s, Toei only submitted the "Knights of the Zodiac" name for registration in the US in 2002, while the Potters originally registered their's in the 90s.
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John Casey
Joined: 31 May 2009
Posts: 1853
Location: In My Angry Center
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Posted: Tue Mar 08, 2011 11:33 am
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Shiroi Hane wrote: | The dispute is over the copyrights and trademarks. As stated by the article, despite the Saint Seiya franchise existing since the 80s, Toei only submitted the "Knights of the Zodiac" name for registration in the US in 2002, while the Potters originally registered their's in the 90s. |
But.... Well....
...They're still trademark trolls. Yeah!
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Mike Toole
Subscriber
ANN Columnist
Joined: 09 Jan 2002
Posts: 105
Location: THE GOOD OLE U-S-A
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Posted: Tue Mar 08, 2011 11:58 am
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CaptainAvatar wrote: | I don't think this has a prayer and should be thrown out of court - however, just remember the woman who bought coffee at McDonalds - she put it between her legs in her car while driving and took the top off the cup. She of course spilled and got burned. She promptly sued McDonalds and won - thus proving that anything is possible in a lawsuit. |
Jesus, this canard again? The lady was in the passenger seat of a parked car, she was trying to put cream in her coffee, and the resulting spill burned her so badly that an 8-day hospital stay, skin grafts, and reconstructive surgery were required. Turns out her coffee was served at 190 degrees - hot enough to cause deep tissue damage in less than two seconds.
She tried to get McDonald's to cover her hospital stay but they wouldn't play ball. So she took them to court, their lawyers spent the trial lying their asses off, and the jury caught them in it. Textbook example of corporate malfeasance that was caught and corrected. Frivolous lawsuit? Hardly.
This, now THIS... is a frivolous lawsuit.
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Mr. sickVisionz
Joined: 28 Oct 2007
Posts: 2173
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Posted: Tue Mar 08, 2011 12:08 pm
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LOL @ the $1 Billion.
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firedragon54738
Joined: 24 Sep 2007
Posts: 3113
Location: wisconsin
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Posted: Tue Mar 08, 2011 12:17 pm
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I hope Toei counter sues for 4billion
Last edited by firedragon54738 on Tue Mar 08, 2011 12:20 pm; edited 1 time in total
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Tempest
I Run this place.
ANN Publisher
Joined: 29 Dec 2001
Posts: 10420
Location: Do not message me for support.
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Posted: Tue Mar 08, 2011 12:18 pm
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Quote: | In addition to TAI, Potter named the United States of America as a defendant. Potter is seeking an injunction against TAI, US$1 billion in punitive damages, and additional statutory damages. |
I wonder why the US Govt.
Sounds like the guy is a nutjob.
Any claims of copyright infringement will definitely get dismissed outright. Unfortunately they do have grounds for the trademark dispute, their trademark was registered in the USA long before TOEI started using that trademark in the USA. Not saying they have a strong case, but they have a case.
-t
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mangamuscle
Joined: 23 Apr 2006
Posts: 2658
Location: Mexico
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Posted: Tue Mar 08, 2011 12:18 pm
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Shiroi Hane wrote: | The dispute is over the copyrights and trademarks. As stated by the article, despite the Saint Seiya franchise existing since the 80s, Toei only submitted the "Knights of the Zodiac" name for registration in the US in 2002, while the Potters originally registered their's in the 90s. |
Now let's suppose for a minute that Toei losses since they failed to register the trademark in the USA at the same time they did in Japan and have to award an undisclosed amount in the millions of dollars range, you will have THOUSANDS of people registering applications for trademarks with names and motifs similar to animes that might be merchandised in the USA. The USA market will become poisonous, no Japanese company would want to sell anime rights if they will be sued out of your total profits and a little more. It would be the END for anime in the usa FOREVER!!!
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asimpson2006
Joined: 13 May 2008
Posts: 3151
Location: USA
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Posted: Tue Mar 08, 2011 12:22 pm
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mangamuscle wrote: |
Shiroi Hane wrote: | The dispute is over the copyrights and trademarks. As stated by the article, despite the Saint Seiya franchise existing since the 80s, Toei only submitted the "Knights of the Zodiac" name for registration in the US in 2002, while the Potters originally registered their's in the 90s. |
Now let's suppose for a minute that Toei losses since they failed to register the trademark in the USA at the same time they did in Japan and have to award an undisclosed amount in the millions of dollars range, you will have THOUSANDS of people registering applications for trademarks with names and motifs similar to animes that might be merchandised in the USA. The USA market will become poisonous, no Japanese company would want to sell anime rights if they will be sued out of your total profits and a little more. It would be the END for anime in the usa FOREVER!!! |
I think your making a mountain out of a mole hill. Is there a chance that Toei could lose this, yes I think that could be a possibility, but I don't think it will be the end of the everything.
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Tempest
I Run this place.
ANN Publisher
Joined: 29 Dec 2001
Posts: 10420
Location: Do not message me for support.
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Posted: Tue Mar 08, 2011 12:26 pm
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tempest wrote: | I wonder why the US Govt. |
Actually, I think I know. The USPTO awarded a trademark to Toei despite the existing, live trademark for a very similarly named product in the same area of business. The USPTO is supposed to make sure this doesn't happen, and they frequently reject trademarks for this reason. I don't know if they have any liability though...
-t
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Mister V
Joined: 15 Apr 2009
Posts: 1000
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Posted: Tue Mar 08, 2011 12:27 pm
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I believe the court should use the "unsuccessful troll" picture in the verdict. Every once in a while something like this comes along...
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reanimator
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Posted: Tue Mar 08, 2011 12:27 pm
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CaptainAvatar wrote: | I don't think this has a prayer and should be thrown out of court - however, just remember the woman who bought coffee at McDonalds - she put it between her legs in her car while driving and took the top off the cup. She of course spilled and got burned. She promptly sued McDonalds and won - thus proving that anything is possible in a lawsuit. |
Just like your example, the lawsuit is frivolous. I don't want to sound political, but frivolous lawsuits are social ill that is hurting everyone indirectly.
Defending one's trademark is fine and all, but those Potter brothers have gall to sue $1 billion for a trademark of their mediocre product. On Amazon, their sales is ranking in, like, 4 millionth place. Other than renewing their trademark, they haven't done anything new or significant for past 10 years.
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