I don't doubt that Sony and Columbia have a very good understanding of trademark law, being that is clearly where they probably spend most of there legal dollars. As I stated before, Rick's would probably settle and not drag it out. Unlike NYC labor case, defending a minor component of the concept in one restaurant doesn't gain them much. In the event of NYC, how entertainers are paid has major consequences on future operations and pass liabilities.
Though I imagine they will attempt to get the case dropped initially, you must imagine Sony and Columbia file many complaints throughout the years as bluffs, and hope the lack of financial resources of smaller businesses will fold under the threat of lawsuit. Though I guess a simple cease and desist letter might be enough for that, too. If getting the case dropped fails, then just repaint a few things and settle.
It seems like from reading the complaint, they seem to take offense to the fact it is a breastrant concept. I do wonder if they have had an uptick in DVD sales in the area though, I for one completely forgot about the movie until you brought up the issue in the past. It was pretty dumb movie in my opinion, and it seems Will Ferrell fame has faded since then.....so not sure they actually negatively affected the Sony/Columbia's IP. Though I would guess the fact it is a breastrant (ran by a strip club operator) might hinder any potential licensing agreements.
Wait ... Maybe Sony is sleeping okay. Bubba Gump's Shrimp Company could be a big problem for RICKY BOBBY.
You lie. Too little volume and too little price movement in this stock. Go spam on another board.
RICK really changed my financial situation, made roughly $220k the past few months, been getting my stock alerts from underground stock alerts (google em). Hope you guys have been doing as well with trading as I have.
You could be surprised on who could be the nobodies on the yahoo message boards. BTW, there is already multiple litigation cases. In fact discovery was granted today.
By the way, RICK does have one good defense ... there's one little thing that has to keep Sony up at night. Now, Sony is probably thinking RICK doesn't have the money to fight it, but you know RICK ... THEY WILL PROBABLY BATTLE ON WITH SHAREHOLDERS' MONEY!
Exactly. Such as Smith is a proper name and you could have Smith's Bar. However, if you call it Mr. and Mrs. Smith's bar with pictures of Brad and Angelina and guns on the wall, that won't fly.
Then you have parody, which Vivid no doubt understands. Parody has to have some artistic element. If SNL wants to have a skit about Ricky Bobby, that's okay. No doubt parody is a huge exception in trademark law, but again it has to some literary or artistic merit ... it can't be purely commercial.
Odds are Columbia Pictures Industries, Inc. and Sony Pictures Consumer Products Inc. have a better understanding of trademark law than RICK ... don't you think?
Well, there are several restaurants that go by "Ricky Bobby" across the US. Then there is the parody issue.....this could all be just another Mattel v. MCA Records issue all over again. Did you think Vivid Pirates was Pirates of the Caribbean?
If you're going to go with a race theme and a stock car parked at the entrance, you might want to avoid the name Ricky Bobby or Cole Trickle, or even Lighning McQueen. I'd probably avoid Jimmy Johnson's or Dale Junior's ect ect as well.
"With the movie being trademarked and all, they can't use direct quotes or anything from the movie, he says. But since proper names can't be trademarked, they used it."
Little exception called likelihood of confusion ... yeah, I would think it's Will Farrell's restaurant or has something to do with his movie. Wouldn't you?
I agree with the pricing of bad news with the stock. Eric needs to hit the $1.20 estimate he promised to share holders. After this latest plane fiasco, Eric needs to hit the estimates. bruinsfan, we will see in May.
I would say it's a slam dunk, whatever they go after. What an embarrassment and busch league thinking by management.
Sentiment: Strong Sell
I'm not worried about Sony's monetay gains. The point is, whatever little money the joint made up to this point is gone now. It was just an assinine decision to cleary copy somebodys licensed movie. Management and Pumpers here pumped this concept as sweeping the nation and being the next big growth engine. Epic fail from management, and the CEO rewards himself with 2 new planes. What a joke.
Sentiment: Strong Sell
Only question now is whether Columbia/Sony will want damages or settle for a name change and repaint job on the car? You know they sent a few cease and desist letters before filing suit, so they are probably mad by now. Also, looks like no possibility of RICK cutting a deal to license the name. So you are looking at who knows what in money damages plus legal fees; but definitely some kind of impairment write-off is coming. So there go your GAAP earnings!
I highly doubt they will spend much time fighting it out in court.....very little to gain from doing so. Most likely they just settle, either they cut a deal with the studios or they rebrand. The studios won't gain much by winning a protracted legal fight.
You got that right. When Heisenberg speaks, powerful people listen.
Tuesday, FNMA was closing in on $6.30 and I made the post,"Top is coming and it will fall below $3.75". No more than 15 minutes later it peaked at $6.35 and fell 50% to $3.20 in just a couple hours.
Nice call on the Ricky Bobbys infringements. I hope you nail the labor suit correctly as well. I know we're right on the pole tax. $14M and climbing.
Sentiment: Strong Sell
Aha ... it's all probably the result of Blue going on the Sony Message Board and asking about it ... you know, what about "James Bond Gentlemen's Club" and all that?
This is a "no spin zone". Nothing good will come from flushing money down the toilet. What an idiotic decision to mimick Sony's movie. Barkingdog warned the company the moment the name was announced. More lawyer fees and Sony WILL WIN as they have $21B, yes, BILLION, in cash and are experts in licensing movies and such. RICK is so far outclassed here it is embarrassing.
Sentiment: Strong Sell
I guess they don't consider it material, hahaha. Numerous restaurants use the name Ricky Bobby across the country. But maybe the lawsuit was what they wanted, a no name restaurant with a racing theme that they wish to expand across the US. Columbia and Sony suing them does give them free marketing, and in the end they can rebrand the entire place with a few buckets of paint. Most of the terms are pretty vague and widely used that they cite. Most likely they settle the whole thing if it doesn't get tossed.....since the possible financial reward isn't great for the studios.