Curse of Jor-El! More bad news for Kryptonite
09-22-04, 10:38 AM
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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:
See the rest of this story at https://www.law.com/jsp/article.jsp?id=1095434441503
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.
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.
09-22-04, 11:32 AM
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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
09-22-04, 11:43 AM
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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
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09-22-04, 11:45 AM
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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.
09-22-04, 11:48 AM
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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.
they should just pay DC a fee to use the name.
09-22-04, 11:52 AM
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Originally Posted by larue
maybe after all the bad press it wouldn't be a bad idea to change names,heh.
09-22-04, 12:02 PM
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Originally Posted by larue
they should just pay DC a fee to use the name.
09-22-04, 12:03 PM
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Oh, what supcom said.
09-22-04, 12:16 PM
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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
09-22-04, 04:15 PM
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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.
09-22-04, 05:11 PM
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Cleaver use of the word "Cryptonite" would solve this issue easily..
09-22-04, 05:13 PM
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Originally Posted by slvoid
Cleaver use of the word "Cryptonite" would solve this issue easily..
09-22-04, 05:15 PM
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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.
10-12-04, 03:13 PM
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They could change their name to Craptopnewitdabicnotsafeatalltanite.
HEHEHE
HEHEHE
10-12-04, 03:14 PM
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Originally Posted by Dark Arrow
They could change their name to Craptopnewitdabicnotsafeatalltanite.
HEHEHE
HEHEHE
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