August 12, 2010
The Naked Cowboy Drags The Naked Cowgirl To Court
Although this happened a few weeks back, I still get a kick out of this story, and I’ve been hearing more and more about it. The Naked Cowboy (Robert Burck) has sued The Naked Cowgirl (Sandy Kane) for allegedly infringing on his trademark. I am not too sure what his trademark is, but I suppose it is a nearly naked person strumming a guitar in the middle of a major metropolitan area and generating revenue by getting television coverage on the likes of The Today Show. Before you ask, the answer is no. I don’t get it! A lot of you ladies out there might get it, but not me.
It sure is cold out here....shrinkage???
The Naked Cowboy earned his fame by walking around New York City in nothing but his cowboy boots, cowboy hat and a pair of draws while strumming his guitar and, in the process, entertaining New Yorkers. He’s not a bad looking man, and he has a body that is ever so slightly nicer than mine (insert fat joke here) so naturally, he was able to make some money off of his bit. As the saying goes, if you’ve got it, flaunt it. I’ll stick to writing these articles. I’ll leave the naked lawyering to someone else.
I don't see why they can't co-exist!
I did a quick bit of research and I did not find a registered trademark for “The Naked Cowboy.” I am truly wondering what the cause of action is here. Mr. Naked Cowboy is likely asserting common law trademark causes of action, and it attempting to stop someone else from profiting from his unique act. At this point, it will be up to a court to decide whether or not trademark protection can be afforded for his act.
September 30, 2009
18 Year Copyright Battle Over Winnie the Pooh Finally Over… For Now
“A day without royalties is like a pot without a single drop of honey left inside.”
A U.S. District Judge dismissed the copyright suit brought by the heirs of the licensee for the Winnie the Pooh character, Stephen Slessinger. This case has special meaning to us in Florida for a number of reasons. Of course, the mouse house is a huge source of revenue for us, and Slessinger’s widow, who originally brought the copyright suit against Disney, lived in Tampa for years. Slessinger originally acquired the rights to our beloved Pooh Bear in 1930 from author, A. A. Milne. Slessinger’s widow, who lived in Tampa for a number of years, licensed the rights to Pooh to Disney in 1961.
The Late Mr. Slessinger
Stephen Slessinger, Inc. (SSI) originally sued Disney alleging that it breached the original licensing deal by attempting to avoid paying the family more than $700 Million in royalties. SSI alleged that Disney comingled revenues generated by Pooh with Disney’s general revenues to avoid paying the royalties. That suit was dismissed in 2004 when the court ruled that the evidence relied on by SSI was improperly obtained through misconduct by a private investigator. To be exact, the dismissal of the suit was one of the sanctions issued by the court.
