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Old 09-22-04, 10:38 AM   #1
caloso
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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:


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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
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Old 09-22-04, 11:32 AM   #2
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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
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Old 09-22-04, 11:43 AM   #3
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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
My guess is that at this point and if things keep going the way they are, neither would Ingersoll-Rand.
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Old 09-22-04, 11:45 AM   #4
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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.
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Old 09-22-04, 11:48 AM   #5
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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.
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Old 09-22-04, 11:52 AM   #6
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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.
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Old 09-22-04, 12:02 PM   #7
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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.
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Old 09-22-04, 12:03 PM   #8
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Oh, what supcom said.
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Old 09-22-04, 12:16 PM   #9
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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?
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Old 09-22-04, 04:12 PM   #10
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Update: Kryptonite and DC Comics have settled the lawsuits. bizbike.com has the news.
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Old 09-22-04, 04:15 PM   #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.
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Old 09-22-04, 05:11 PM   #12
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Cleaver use of the word "Cryptonite" would solve this issue easily..
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Old 09-22-04, 05:13 PM   #13
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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?
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Old 09-22-04, 05:15 PM   #14
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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.
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Old 10-12-04, 03:13 PM   #15
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They could change their name to Craptopnewitdabicnotsafeatalltanite.

HEHEHE
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Old 10-12-04, 03:14 PM   #16
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Quote:
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They could change their name to Craptopnewitdabicnotsafeatalltanite.

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