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RCI Hospitality Holdings, Inc. Message Board

  • barkingdog78 barkingdog78 Mar 14, 2014 4:36 AM Flag

    Ricky Bobby - proper names can't be trademarked?

    "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?

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    • 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.

      • 1 Reply to heisenberg_blue
      • 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?

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