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Old 03-28-2004, 09:50 PM   #1
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A stupid question about Hurricane, Tats, and Trademarks...
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?

“There are two novels that can change a bookish fourteen-year old’s life: The Lord of the Rings and Atlas Shrugged. One is a childish fantasy that often engenders a lifelong obsession with its unbelievable heroes, leading to an emotionally stunted, socially crippled adulthood, unable to deal with the real world. The other, of course, involves orcs.”

--John Rogers
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Old 03-28-2004, 09:51 PM   #2
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....it's a tattoo.
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Old 03-28-2004, 09:52 PM   #3
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...Of a Trademark...

...On TV...
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Old 03-28-2004, 09:52 PM   #4
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I dunno... I think tats are off limits to trademark infringement, otherwise anyone with a Harley-Davidson tat would be in trouble.
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Old 03-28-2004, 09:53 PM   #5
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....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.
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Old 03-28-2004, 09:54 PM   #6
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Quote:
Originally Posted by El Santo
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.
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Old 03-28-2004, 09:55 PM   #7
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Quote:
Originally Posted by Mr Sunday Night
....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...
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Old 03-28-2004, 09:55 PM   #8
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Parodies are exempt from trademark law, and in Hurricane's case I guess you could say he's a parody.
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Old 03-28-2004, 10:00 PM   #9
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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.
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Old 03-28-2004, 10:02 PM   #10
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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...
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Old 03-28-2004, 10:02 PM   #11
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Wait...

...You mean to tell me that Hurricane isn't the Green Lantern?
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Old 03-28-2004, 10:04 PM   #12
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Quote:
Originally Posted by 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.
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!
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Old 03-28-2004, 10:05 PM   #13
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Quote:
Originally Posted by Rock Bottom
Wait...

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

He's mild mannered Hal Jordan.
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Old 03-28-2004, 10:06 PM   #14
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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.
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Old 03-28-2004, 10:09 PM   #15
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YEah, he and Shannon Moore, Paul London, and a couple other never-used talents could form a knock-off Justice League...
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Old 03-28-2004, 10:22 PM   #16
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A super hero battle royal would be sweet. Nightcrawler would win though.
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Old 03-28-2004, 10:22 PM   #17
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lol
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Old 03-28-2004, 10:31 PM   #18
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What are you talking about....Bluntman and Chronic Would Win!
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Old 03-28-2004, 10:32 PM   #19
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Quote:
Originally Posted by Rock Bottom
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!
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Old 03-28-2004, 11:35 PM   #20
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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.
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Old 03-28-2004, 11:38 PM   #21
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Likewise, anyone who could fly would never lose either...
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Old 03-28-2004, 11:45 PM   #22
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Quote:
Originally Posted by Mr Sunday Night
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...
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Old 03-28-2004, 11:45 PM   #23
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Quote:
Originally Posted by Corkscrewed
Likewise, anyone who could fly would never lose either...
If they got flung hard enough...
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Old 03-29-2004, 12:37 AM   #24
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Hmmm... perhaps if we gave Benoit levitating powers and Chavo mastery over gravitational pulls?

Nahhhh.
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Old 03-29-2004, 12:41 AM   #25
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As suddenly, the caption crew becomes less humour than fact.
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Old 03-29-2004, 06:42 AM   #26
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Actually, We all know, Triple H would win the Superhero Battle Royal....with his....Hold Back powers and Ego Sense
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Old 03-29-2004, 09:37 AM   #27
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Quote:
Originally Posted by El Santo
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?
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Old 03-29-2004, 08:46 PM   #28
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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.
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