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Old 09-14-2006, 10:12 PM   #1
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Couldnt WWE sue TNA over this?


https://secure15.nexternal.com/share...t=products.asp

That X-Division shirt was obviously designed to look like the DX shirt....

EDGE OWNS ALL

KNEEL BEFORE ZOD!!!!
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Old 09-14-2006, 10:17 PM   #2
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When Vince sees that....he'll try to slap a lawsuit on TNA faster than you can say Six Sides Sucks
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Old 09-14-2006, 10:19 PM   #3
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$50 says Vince might hear about the shirt, but will never actually look at the shirt in question...

But yeah law suites are comin!
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Old 09-14-2006, 10:25 PM   #4
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Why sue? It makes TNA look even more like the 'D Show' it is. They're just admitting the influence WWE (and DX for that matter) has on merch and public awareness. If Vince sues it would be a bonus for him, but I wouldn't bother. I'd laugh my ass to another PPV.
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Old 09-14-2006, 10:46 PM   #5
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I sure hope so.
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Old 09-14-2006, 11:22 PM   #6
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I thought it said Jew Generation X at first glance.
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Old 09-14-2006, 11:25 PM   #7
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The answers are most likely and ummmm....most likely.
Now I know this has been done before but...


Chris FUCKING Daniels, and Sabin.








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Old 09-15-2006, 12:35 AM   #8
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Parody
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Old 09-15-2006, 12:39 AM   #9
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Quote:
Originally Posted by Destor
Parody
Legally, the makers of a parody still have to pay licensing rights, they just don't have to have permission.

Go figure.

Anyway, it's a stretch to say this actually infringes on established trademarks, and all Vince would do is give free publicity to TNA. I doubt anything'll come of this.
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Old 09-15-2006, 12:45 AM   #10
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So SNL/Leno/etc. have to have rights to do the things they do?
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Old 09-15-2006, 05:36 AM   #11
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They could but like KK said, it would only benifit TNA really.
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Old 09-15-2006, 10:02 AM   #12
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Quote:
Originally Posted by Destor
So SNL/Leno/etc. have to have rights to do the things they do?
Last I knew, Leno wasn't marketing T-Shirts based on other people's intellectual properties.
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Old 09-15-2006, 10:06 AM   #13
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So they own the letter X and the phrase "Two words..."
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Old 09-15-2006, 10:12 AM   #14
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Quote:
Originally Posted by Destor
So they own the letter X and the phrase "Two words..."
Yes

I however still own the letter F and i'm not giving it back
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Old 09-15-2006, 11:41 AM   #15
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Quote:
Originally Posted by Kane Knight
Legally, the makers of a parody still have to pay licensing rights, they just don't have to have permission.

Go figure.

Anyway, it's a stretch to say this actually infringes on established trademarks, and all Vince would do is give free publicity to TNA. I doubt anything'll come of this.
Ooh, do I get to prove KK wrong? *prances with glee*

Quote:
Although a parody can be considered a derivative work under United States Copyright Law, it can be protected under the fair use doctrine, which is codified in 17 USC § 107. The Supreme Court of the United States stated that parody "is the use of some elements of a prior author's composition to create a new one that, at least in part, comments on that author's works." That commentary function provides some justification for use of the older work. Campbell v. Acuff-Rose Music, Inc.

In 2001, the United States Court of Appeals, 11th Circuit, in Suntrust v. Houghton Mifflin, upheld the right of Alice Randall to publish a parody of Gone with the Wind called The Wind Done Gone, which told the same story from the point of view of Scarlett O'Hara's slaves, who were glad to be rid of her.
See:
http://www.law.cornell.edu/uscode/ht...7----000-.html
http://laws.lp.findlaw.com/11th/0112200opnv2.html
...and the Wikipedia article on Parody (with sources cited at bottom).

Nowhere does it say they had to pay licensing fees for their parody. And further research lends me to believe that no makers of parodies require to pay any kind of fee. It's covered under "Fair Use" in U.S. law.

Unless you were talking about UK law or some other law, in which case I haven't the faintest fucking clue.
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Old 09-15-2006, 11:55 AM   #16
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Old 09-15-2006, 12:14 PM   #17
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Quote:
Originally Posted by Destor
So they own the letter X and the phrase "Two words..."
Only in the same sense that Pink Floyd own "Another Brick in the Wall."

That is, my single-celled friend, within the contexts of the shirt, it is easy enough to prove this infringes on already established intellectual property.
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Old 09-15-2006, 12:18 PM   #18
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Quote:
Originally Posted by TerranRich
Ooh, do I get to prove KK wrong? *prances with glee*



See:
http://www.law.cornell.edu/uscode/ht...7----000-.html
http://laws.lp.findlaw.com/11th/0112200opnv2.html
...and the Wikipedia article on Parody (with sources cited at bottom).

Nowhere does it say they had to pay licensing fees for their parody. And further research lends me to believe that no makers of parodies require to pay any kind of fee. It's covered under "Fair Use" in U.S. law.

Unless you were talking about UK law or some other law, in which case I haven't the faintest fucking clue.
You didn't prove me wrong, you just said you didn't see any mention of royalties. Wake me up when you've actually PROVED it, instead of being a whiny little 'tard.
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Old 09-15-2006, 12:33 PM   #19
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Though interestingly enough, your links do prove that this is not guaranteed to be protected as an act of parody.
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Old 09-15-2006, 01:32 PM   #20
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You can wake up now...

Quote:
Originally Posted by www.answers.com
Fair Use

In federal copyright law 17 U.S.C. §§101 et seq., refers to specific use of copyrighted materials without payment of royalties or which otherwise does not constitute an infringement of copyright; ...
Last edited by TerranRich; 09-15-2006 at 01:38 PM.
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Old 09-15-2006, 02:23 PM   #21
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Ohhh...Answers.com. BRILLIANT. I didn't see that anywhere on the US actual web page. Hmmmm...

And even your own answer gives an "or" there. I don't know, this seems far from actual proof. Note that's a catch-all for fair use, not copyright specifically.
Last edited by Kane Knight; 09-15-2006 at 02:25 PM.
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Old 09-15-2006, 04:14 PM   #22
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Quote:
Originally Posted by Dave Youell
Yes

I however still own the letter F and i'm not giving it back
F YOU!!

Damnit.

Hands Dave 20 bucks.
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Old 09-15-2006, 05:12 PM   #23
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Oy vey. The TNA shirt doesn't even use specific logos. They may have copied the STYLE, but that's far from infringement. They DO own their X-Division logo, I'm sure.
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Old 09-15-2006, 05:22 PM   #24
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TNA needs to just stop being a bunch of fags by constantly taking shots at Vince and WWE, and concentrate on their own product.

It shows they are desperate and they look pathetic. Having their guys say "Oooh I used to wrestle for Vince and he was a bastard, but I love TNA, I want to fuck the management in the ass. TNA RULESSS!! WWE SUX!!!"

Seriously, I wish TNA would just either die or stop acting so pathetic and childish.
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Old 09-15-2006, 06:52 PM   #25
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I can't believe no one has pointed out that idiotic fucking look on Sabins face.
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Old 09-15-2006, 06:57 PM   #26
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Sabin looks like an idiot.
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Old 09-15-2006, 06:59 PM   #27
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Dunno...he could be just looking normal...which to us, he looks like an idiot
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Old 09-15-2006, 07:03 PM   #28
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Quote:
Originally Posted by TerranRich
Oy vey. The TNA shirt doesn't even use specific logos.
You don't need specific logos. You can get sued for the wrong word in the wrong FONT.

It seems stypid, but it's law.
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Old 09-15-2006, 07:12 PM   #29
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Quote:
Originally Posted by TerranRich
Oy vey
Dude, my people say that, not you. I want 20 bucks on behalf of the Jewish community.
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Old 09-15-2006, 08:10 PM   #30
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I think it's parody. First you'll have to prove it's not protected speech.
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Old 09-15-2006, 11:18 PM   #31
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I doubt WWE would win a lawsuit if they file one for this.
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Old 09-16-2006, 12:38 AM   #32
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Quote:
Originally Posted by CanadianCrippla
I doubt WWE would win a lawsuit if they file one for this.
Sometimes it's not about winning.
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Old 09-16-2006, 12:59 AM   #33
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Quote:
Originally Posted by Disturbed316
TNA needs to just stop being a bunch of fags by constantly taking shots at Vince and WWE, and concentrate on their own product.

It shows they are desperate and they look pathetic. Having their guys say "Oooh I used to wrestle for Vince and he was a bastard, but I love TNA, I want to fuck the management in the ass. TNA RULESSS!! WWE SUX!!!"

Seriously, I wish TNA would just either die or stop acting so pathetic and childish.
Best....post....ever....

...so far.
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Old 09-16-2006, 01:00 AM   #34
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Quote:
Originally Posted by Kane Knight
Sometimes it's not about winning.
IT'S ABOUT BEING NUMBER 1!!!!!!!!!!!!!!!!!!!!!!!!!!!!~~~~~~~~~~~~~~~~~~~~~~
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Old 09-16-2006, 08:01 AM   #35
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It's really hard to sue yourself.

But if Vince wants to I guess he can.
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Old 09-16-2006, 08:49 AM   #36
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I think TNA could get away with this. I mean, couldn't Marvel sue the WWE for using DX, claiming they own X-Men, and thus people would get confused?

Maybe if the shirt more specifically played off the DX concept, and was green and black or had the quote "I've got two words for ya'...No Limits!". The shirt doesn't directly play off DX's success, and even if the WWE did draw the connection, it is more media attention for TNA, something the WWE doesn't want. They could probably argue it away, anyway. If a Cola company puts a red label on its brand, would Coca Cola be able to sue?
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Old 09-16-2006, 10:31 AM   #37
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Decent example: The makers of Zoom were sued by Marvel for infringment upon The Fantastic Four. What's better, they said the books "Zoom's Academy" or whatever didn't qualify as infringement.

Trademark infringement is a touchy thing. On the one hand, you can lose a suit for a passing similarity. On the other, you can get away with borderline plagiarism. Another example, more of the latter, is the Captain America rip-off that was made by a former captain America writer. I don't remember the name, but the character was dressed similar to captain America, and carried a shield with a SSB motif. A judge in this case ruled that it was okay, provided the character never threw the shield.

However, a Darkwing Duck episode was pulled because it played on Spider-Man (Radioactive Spider).

But long story short: No. In the case of Trademark law, it's all about market confusion. Marvel would have to prove that DX and the X-Men were within the same market and were similar enough to draw some form of endorsement, detract from business, or cause some form of similar "market confusion" effect.

The two are not similar enough for someone to draw that conclusion reasonably. A shirt with a big green X and "Two Words?" Yeah, this would be a lot easier to argue in court.
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Old 09-16-2006, 10:41 AM   #38
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Big RED x
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Old 09-16-2006, 10:45 AM   #39
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When I am elected high Chanchellor of Earth, this will not be a problem.

Vote for Hanso 2078

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Old 09-16-2006, 10:51 AM   #40
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If 'Vince' thought he could sue and win, he still might not simply because he'd be giving TNA publicity.
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