Curse of Jor-El! More bad news for Kryptonite
09-22-04 | 10:38 AM
#1
Thread Starter
Senior Member
Joined: Jul 2002
Posts: 40,863
Likes: 3,115
From: Sacramento, California, USA
Bikes: Specialized Tarmac, Canyon Exceed, Specialized Transition, Ellsworth Roots, Ridley Excalibur
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 | 11:43 AM
#3
DEADBEEF
Joined: Aug 2002
Posts: 12,234
Likes: 10
From: Catching his breath alongside a road near Seattle, WA USA
Bikes: 1999 K2 OzM, 2001 Aegis Aro Svelte
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
__________________
1999 K2 OzM
2001 Aegis Aro Svelte
"Be liberal in what you accept, and conservative in what you send." -- Jon Postel, RFC1122
1999 K2 OzM
2001 Aegis Aro Svelte"Be liberal in what you accept, and conservative in what you send." -- Jon Postel, RFC1122
09-22-04 | 11:45 AM
#4
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 | 11:52 AM
#6
more ape than man
Joined: Nov 2003
Posts: 8,091
Likes: 2
From: nyc
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
#7
Thread Starter
Senior Member
Joined: Jul 2002
Posts: 40,863
Likes: 3,115
From: Sacramento, California, USA
Bikes: Specialized Tarmac, Canyon Exceed, Specialized Transition, Ellsworth Roots, Ridley Excalibur
Originally Posted by larue
they should just pay DC a fee to use the name.
09-22-04 | 05:11 PM
#12
2-Cyl, 1/2 HP @ 90 RPM
Joined: Oct 2003
Posts: 15,762
Likes: 5
From: NYC
Bikes: 04' Specialized Hardrock Sport, 03' Giant OCR2 (SOLD!), 04' Litespeed Firenze, 04' Giant OCR Touring, 07' Specialized Langster Comp
Cleaver use of the word "Cryptonite" would solve this issue easily..
09-22-04 | 05:13 PM
#13
Thread Starter
Senior Member
Joined: Jul 2002
Posts: 40,863
Likes: 3,115
From: Sacramento, California, USA
Bikes: Specialized Tarmac, Canyon Exceed, Specialized Transition, Ellsworth Roots, Ridley Excalibur
Originally Posted by slvoid
Cleaver use of the word "Cryptonite" would solve this issue easily..
09-22-04 | 05:15 PM
#14
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
#15
Full Member
Joined: Sep 2004
Posts: 381
Likes: 15
From: Sydney Australia
Bikes: Trek Rail 7, Surly Karate Monkey, Vivente Patagonia, Giant Expedition, Raleigh Twenty, Brompton, Trek Rail7, Kalkhoff E-City
They could change their name to Craptopnewitdabicnotsafeatalltanite.
HEHEHE
HEHEHE
10-12-04 | 03:14 PM
#16
I drink your MILKSHAKE
Joined: Jul 2002
Posts: 15,061
Likes: 3
From: St. Petersburg, FL
Bikes: 2003 Specialized Rockhopper FSR Comp, 1999 Specialized Hardrock Comp FS, 1971 Schwinn Varsity
Originally Posted by Dark Arrow
They could change their name to Craptopnewitdabicnotsafeatalltanite.
HEHEHE
HEHEHE
__________________
