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  1. #1
    Packfodding 3 caloso's Avatar
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    Curse of Jor-El! More bad news for Kryptonite

    They're probably buying the Maalox in 55-gallon drums over in Canton. Not only are their locks defenseless against pens, Kryptonite may lose a trademark suit brought by DC Comics:


    Quote Originally Posted by New York Law Journal
    Putting a Legal Lock on 'Kryptonite'

    Mark Hamblett
    New York Law Journal
    09-22-2004


    The stuff that weakens the Man of Steel is protected by trademark.

    A federal judge has ruled that the owner of the Superman franchise, DC Comics, owns a valid trademark in "kryptonite" that can be protected from dilution and infringement by a bicycle lock company that adopted the name.

    Southern District of New York Judge Richard Owen issued several summary judgment rulings favorable to DC Comics in DC Comics v. Kryptonite Corp., 00 CV. 5562, including a finding that kryptonite, "Superman's one fatal flaw," is a protectable symbol under the Lanham Act.

    The judge refused to dismiss a claim that DC breached a contract on limited trademark use it reached with Kryptonite Corp., leaving the bulk of that issue for trial.

    Coincidentally, the decision came a few days after Kryptonite Corp. acknowledged that its $90 bike lock can be opened with a ballpoint pen -- a widely reported story.

    The Canton, Mass.-based company said Friday it is accelerating the introduction of a pen-proof version.
    See the rest of this story at http://www.law.com/jsp/article.jsp?id=1095434441503
    Cyclists of the world, unite! You have nothing to lube but your chains!

  2. #2
    Wood Licker Maelstrom's Avatar
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    I always wondered about that. Being a comic fan I wouldn't hate it if kryptonite was forced to change the name...haha

  3. #3
    DEADBEEF khuon's Avatar
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    Quote Originally Posted by Maelstrom
    I always wondered about that. Being a comic fan I wouldn't hate it if kryptonite was forced to change the name...haha
    My guess is that at this point and if things keep going the way they are, neither would Ingersoll-Rand.
    1999 K2 OzM 2001 Aegis Aro Svelte OCP Club Member
    "Be liberal in what you accept, and conservative in what you send." -- Jon Postel, RFC1122

  4. #4
    You need a new bike supcom's Avatar
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    From the article it appears that Kryptonite and DC comics had an agreement covering the use of the word 'Krytonite' that was, among other things, only to be used to describe security devices for two wheeled vehicles. When Kryptonite branched into other areas, DC felt that they had breached the contract.

  5. #5
    Senior Member larue's Avatar
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    maybe after all the bad press it wouldn't be a bad idea to change names,heh.

    they should just pay DC a fee to use the name.
    Leave your treadmill power trip behind.

  6. #6
    more ape than man timmhaan's Avatar
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    Quote Originally Posted by larue
    maybe after all the bad press it wouldn't be a bad idea to change names,heh.
    that's what i think too. this may be a good time to start with a new name and an improved product line. right now the name kryptonite has a bad taste to it.

  7. #7
    Packfodding 3 caloso's Avatar
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    Quote Originally Posted by larue

    they should just pay DC a fee to use the name.
    I think that's the arrangement they had, but it's limited to certain uses. Kryptonite can't refer to its products as "super," for example. It sounds as if DC feels like Kryptonite went beyond the limits they agreed to and that's why they're suing.
    Cyclists of the world, unite! You have nothing to lube but your chains!

  8. #8
    Packfodding 3 caloso's Avatar
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    Oh, what supcom said.
    Cyclists of the world, unite! You have nothing to lube but your chains!

  9. #9
    Senior Member Faust's Avatar
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    Quote Originally Posted by Maelstrom
    I always wondered about that. Being a comic fan I wouldn't hate it if kryptonite was forced to change the name...haha
    Perhaps....Bictonite?

  10. #10
    You need a new bike supcom's Avatar
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    Update: Kryptonite and DC Comics have settled the lawsuits. bizbike.com has the news.

  11. #11
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    If DC wins it only means that Kryptonite can't use the name for any other products outside of bike locks. it doesn't take the name away from them.

  12. #12
    2-Cyl, 1/2 HP @ 90 RPM slvoid's Avatar
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    Cleaver use of the word "Cryptonite" would solve this issue easily..

  13. #13
    Packfodding 3 caloso's Avatar
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    Quote Originally Posted by slvoid
    Cleaver use of the word "Cryptonite" would solve this issue easily..
    What, a new line of casket locks?
    Cyclists of the world, unite! You have nothing to lube but your chains!

  14. #14
    You need a new bike supcom's Avatar
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    Quote Originally Posted by kuantan
    If DC wins it only means that Kryptonite can't use the name for any other products outside of bike locks. it doesn't take the name away from them.
    There's no if about it. It appears that once the court ruled that DC Comics' trademark was valid, Kryptonite settled the lawsuit. Terms were not disclosed, but one presumes that Kryptonite gets to continue using the name. Had it gone to trial and DC Comics won the breach of contract claim, then Kryptonite could have been in a world of hurt.

  15. #15
    Castle Hill,NSW.Australia Dark Arrow's Avatar
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    They could change their name to Craptopnewitdabicnotsafeatalltanite.

    HEHEHE

  16. #16
    I drink your MILKSHAKE Raiyn's Avatar
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    Quote Originally Posted by Dark Arrow
    They could change their name to Craptopnewitdabicnotsafeatalltanite.

    HEHEHE
    Wow did you think of that one all by yourself?

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