A stupid question about Hurricane, Tats, and Trademarks...

[Kane Knight]

Yeah, so on Heat I saw Hurricane showing off his Green Lantern Tat.

I'm just thinking, ain't that...Sorta, you know, trademark infringement at all?

[Fox]

....it's a tattoo.

[Kane Knight]

...Of a Trademark...

...On TV...

[El Santo]

I dunno... I think tats are off limits to trademark infringement, otherwise anyone with a Harley-Davidson tat would be in trouble.

[Fox]

....it's a tattoo. I'm pretty sure you're allowed to wear whatever the hell tattoo you want. I mean, Shaq has a Superman tat, but he's not infringing on any trademarks.

[Kane Knight]

I dunno... I think tats are off limits to trademark infringement, otherwise anyone with a Harley-Davidson tat would be in trouble.
I think in most cases that would be so, but the question would be specific. He's got a tat of a comic book character's logo while on live TV and playing a "super Hero" gimmick.

[Kane Knight]

....it's a tattoo. I'm pretty sure you're allowed to wear whatever the hell tattoo you want. I mean, Shaq has a Superman tat, but he's not infringing on any trademarks.
Is he playing a superman knockoff?

Other than Steel, which DC was directly responsible for...

[El Santo]

Parodies are exempt from trademark law, and in Hurricane's case I guess you could say he's a parody.

[Sensei Of Mattitude]

Are you insane?

The parent company of the Green Lantern are probably happy The Hurricane is showing off his Tattoo. Its FREE ADVERSTISING.

The same goes for Shaq and his Superman tattoo.

Trademark Infringement? No.

[Kane Knight]

Parody is kinda iffy.

Given that the mark is actually the same, it still brings up issues.

On the other hand, the largest driving factor for Trademark infringement appears to be "market confusion." It mght be something difficult to effectively argue.

But it's basically a random thought/musing...

[Rock Bottom]

Wait...

...You mean to tell me that Hurricane isn't the Green Lantern?

[Kane Knight]

Are you insane?

The parent company of the Green Lantern are probably happy The Hurricane is showing off his Tattoo. Its FREE ADVERSTISING.

The same goes for Shaq and his Superman tattoo.

Trademark Infringement? No.
Am I insane? yes, I'm insane for asking a question. :| only lunatics think...LUNATICS, I tells ya!

Such cases of "free Advertising" are often subject to lawsuit. That must be where the crazy part comes in. It's crazy to think that an overly litigious society might lead to a company taking issue over a trademark...Crazy, I tells ya!

[Kane Knight]

Wait...

...You mean to tell me that Hurricane isn't the Green Lantern?
No.

He's mild mannered Hal Jordan.

[Rock Bottom]

I think it would be funny if Hurricane formed a real stable. Besides just S.H.I.T., got like 20 guys to dress up in superhero costumes and charge the ring and attack Kane or something, lol. I guess I am odd like that.

[Kane Knight]

YEah, he and Shannon Moore, Paul London, and a couple other never-used talents could form a knock-off Justice League...

[Rock Bottom]

A super hero battle royal would be sweet. Nightcrawler would win though.

[OssMan]

lol

[Mister Sinister]

What are you talking about....Bluntman and Chronic Would Win!

[Kane Knight]

A super hero battle royal would be sweet. Nightcrawler would win though.
Especially in a Royal Rumble scenario. He'd never go over the ropes and hit the ground...BAMF!

[Fox]

Unless Jean Grey used her telekenesis and forced him to touch the floor. Or Wolverine stabbed him through the chest and threw his ass over the top rope.

God, I'm such a geek.

[Corkscrewed]

Likewise, anyone who could fly would never lose either...

[Kane Knight]

Unless Jean Grey used her telekenesis and forced him to touch the floor. Or Wolverine stabbed him through the chest and threw his ass over the top rope.

God, I'm such a geek.
Well, he could teleport out of the telekinesis...

And you think you feel like a geek...:$

[Kane Knight]

Likewise, anyone who could fly would never lose either...
If they got flung hard enough...

[El Santo]

Hmmm... perhaps if we gave Benoit levitating powers and Chavo mastery over gravitational pulls?

Nahhhh.

[Kane Knight]

:lol: As suddenly, the caption crew becomes less humour than fact. ;)

[Mister Sinister]

Actually, We all know, Triple H would win the Superhero Battle Royal....with his....Hold Back powers and Ego Sense

[loopydate]

Hmmm... perhaps if we gave Benoit levitating powers and Chavo mastery over gravitational pulls?

Nahhhh.

LOL.

*As Stevie Richards is tumbling to the floor...*

JR: BAH GAWD KING!
KING: Where did he go?
JR: STUNNER BARBECUE SAUCE!
KING: Did his feet touch the ground?
JR: SUMBITCH RATTLESNAKE!
KING: Wait! He's back in the ring!
JR: IN ALL MY YEARS IN THE GOVERNMENT MULE!
KING: Was he eliminated?

[ColdwaVer]

Ok, to give a real answer to the question...

Looking at this from a standpoint of US copyright law (since I beleive DC's copyrights with fall there,) DC could try to force WWE to stop showing Hurricane's tatoo, but chances are they wouldn't win in a full scale legal battle. What you have to look at is the Fair Use clause of the U.S. Copyright Act of 1976. This includes the following areas of consideration:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
The purpose of Hurricane's tattoo is to display his love of GL comics, and not to make him money.

2. The nature of the copyrighted work.
In this case, a visial logo.

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.
The GL symbol is a very small portion of the whole substantiality of the overall comic and attatched cartoons, merchandise, etc.

4. The effect of the use upon the potential market for or value of the copyrighted work.
Said tattoo is not going to damage sales of GL comics and merchandise; if anything it may spark interest.

So basically, Shane Helms' Green Lantern tatoo, and the display thereof on WWE programming, falls perfectly within established copyright law, and WWE is within their rights to show it.