Forum - View topicNEWS: U.S. Man Sues Over Toei's Knights of the Zodiac/St. Seiya
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the wired knight
Posts: 17 |
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The trademark case likely will go through because of the "Knights of the Zodiac" title. Even though the property predates Potters' the trademark does not so there might be a problem there. The copyright regarding the premise however will likely get thrown out somewhere down the line since the original work predates potters' by almost a decade. So there's a reason the trademark case wasn't thrown out as absurd as it seems. I don't trust the guy obviously. This just reeks of someone loking to someone with more money and having a similar idea and trying to make a fast buck out of it through settlement (it's unlikely he's hoping for litigation). The guy sued the U.S., wants $1 Billion dollars in punitive damages (mind you he would not get these, it would actually go to the state) and is representing himself. So I don't think this will really go anywhere. I'm going to look at the court documents later, I'm curious if he even intelligebly wrote them. |
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enurtsol
 Posts: 14761 |
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They already tried to dismiss the suit twice, but twice the court refused to throw it out of court.
So on May 20, 2002 Toei filed for the "Knights of the Zodiac" trademark - a period in between April 9, 1998 (when the Potter's "Zodiac Knights 2000 ZK" trademark was deemed "abandoned") and March 1, 2004 (when the Potters filed the "Zodiac Knights 2000" trademark in Indiana). But "the court had concluded that the Potters had not abandoned their trademark due to their separate registration filing in Indiana." But how would Toei would've known that in 2002 or that the Potters would re-file the trademark in Indiana in 2004, after their initial trademark was deemed "abandoned" in 1998? |
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ayacamui
 Posts: 4 Location: USA |
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has anyone else notice the gap in time that the Potter Brothers were not active?
their original has been dead since April 9, 1998, and they didn't get their current one till March 1, 2004. which is almost a year after the dubed version of the show apeared on CN. the bad thing is even though Toei filed for registration in 02, they didn't get their registartion aproved till 08. So when Toei filled for theirs the Brothers didn't have a live trademark |
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Freakmasta
 Posts: 370 |
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I got a good laugh in the morning. These brothers are just hellbent on gettin' money (and they want every single penny for their own; they didn't even a hire a lawyer!).
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Dessa
 Posts: 4438 |
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Does anyone know the US' stand on foreign trademarks? I know that we generally uphold copyrights, but I'm not sure on trademarks.
Because a quick look on Wikipedia reveals that in the late 80s (88 and 89), SS aired in France and Italy, under the titles "Les Chevaliers du Zodiaque" and "I Cavalieri dello Zodiaco". Additionally, it was also released in Spain as "Los Caballeros del Zodiaco" (guess what all of these translate to?). I think Toei's best defense (because yes, I believe that the "case" is legitimate enough to be taken to court) is that their international use of "Knights of the Zodiac" in localized forms still pre-dates the first filing of the "Zodiac Knights 2000" copyright/trademark registration. However, the names are similar enough to be confused, and the USPO should have confirmed the status of the other trademark before issuing Toei theirs. So, basically, I think Toei is safae, but the USPO may not be. |
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Supermutant
 Posts: 376 |
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WTF man. I'm not sure what to do first laugh at this guy or feel pitty for even trying something so stupid. I hope it gets thrown out. Seems like a guy trying to make cash on something that failed years after it did by suing someone with similar name.
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Spotlesseden
Posts: 3514 Location: earth |
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i don't see how they are going to win this.
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cetriya
 Posts: 156 Location: NJ |
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Toei shouldn't be the one to blame after paying the fees for trade mark the US should have done its job and keep things orderly or else whats the point?
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enurtsol
Posts: 14761 |
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AFAIK, trademarks have to be filed separately for each country. Notice the Detective Conan (Case Closed) vs Conan O'Brien (or Conan the Barbarian) and Lupin III (Rupan) vs Leblanc (Arsene Lupin) Estate trademarks. |
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Dessa
Posts: 4438 |
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enurtsol - thanks
You know, thinking more on this, given that the only active trademark for "Zodiac Knights 2000" is in Indiana, I can see the result of this being an injunction that "Knights of the Zodiac" cannot be released in Indiana... and since the anime is pretty much done for in the US, and the manga's already been published in its entirety, this will mean absolutely nothing. |
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Spotlesseden
Posts: 3514 Location: earth |
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You can still win case even if you don't have trademark file in US. there are many examples. As long as your name is well know all over the world. They are not just going after the name of the Anime. It looks like they are going after the cloth design and weapon... |
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Dessa
Posts: 4438 |
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Spotlesseden- that makes sense, too.
My roommate (go, research librarians!) also points out that it depends on if Toei had the international trademark under the Madrid protocol, which entered into effect in 2003 in the US, still a year before the Indiana trademark (which is the only valid trademark right now). |
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mrsatan
 Posts: 909 Location: Olympia, WA, USA |
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Just what we need, another stumbling block for getting the rest of Saint Seiya released here.
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GATSU
Posts: 15304 |
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Sounds pretty damned frivolous to me, especially since the Zodiac title was used for St. Seiya's European release-if I'm not mistaken- which probably means it predates his copyright. Plus, the guy's just probably pissed that no one's buying his book cus it's overpriced and thinks he can blame people "confusing" it with the manga instead.
 But assuming he's declared in the right, he still waited an awfully long time to file action on this. If he was negatively impacted by the title, he could've easily done something when the damn show was still on the air.
Kabakaba: St. Seiya was not a hit, either. I know, because ADV was giving away boxes of the show at one of the AX panels. Shiroi: Yes, but Toei obviously got the trademark registration without a problem, so shouldn't that invalidate his claim? tempest: Yeah, but the article states the guy let his TM lapse in-between his book release and the U.S. broadcast, so he shouldn't even have a case. If anything, he'd be more liable for infringement in that matter.
I don't think they do, if he did indeed let the copyright expire. Dessa: If all they wanted was an injunction, then they could've acted any time. They're clearly after the fame and the money. |
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matrixdude
Posts: 71 |
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The copyright was abandoned, therefore he has no grounds.
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