cuchulainn
September 10, 2003, 07:09 PM
This is a very interesting legal approach, IMO.
Could/should gun makers do something similar with movies that depict their products used unsafely?
I'd have mixed feelings about that (free artistic expression and all), but still...
http://home.businesswire.com/portal/site/home/index.jsp?epi-content=NEWS_VIEW_POPUP_TYPE&newsId=20030908005940&newsLang=en&beanID=2133606841&viewID=news_view_popupWHAM-O, Inc. Files Suit Against Recently Released ``Dickie Roberts'' Feature Film for Unauthorized, Unsafe Depiction of Its Trademarked Slip 'N Slide Toy Product
EMERYVILLE, Calif.--(BUSINESS WIRE)--Sept. 8, 2003--WHAM-O(R), Inc. the leading manufacturer of innovative outdoor fun products for every season, announced today that it has filed a lawsuit against Paramount Pictures Corporation and Happy Madison Productions for the unauthorized commercial use of its SLIP 'N SLIDE(R) toy and YELLOW WATER SLIDE COLOR registered trademarks in the recently released feature film, "Dickie Roberts," a violation of the Lanham Act.
"WHAM-O is concerned about the depicted misuse of its product in the film and its advertising, particularly the potential for injury to children and even adults who, after viewing the scene, might use the product in the same reckless manner," said Peter Sgromo, Senior Marketing Director of WHAM-O's Toy Division. "It goes without saying that Slip 'N Slide has become a part of the fabric of American Culture, as evidenced by its unwavering popularity among kids over its many years and, as such, it continues to be a natural fit for the entertainment industry when used to depict childhood outdoor fun. That said, it is of utmost importance to WHAM-O, that the entertainment industry seek and obtain permission to depict the registered trademarked product and its subsequent use in a manner that is approved by WHAM-O."
In the film, the title character, a physically fully grown adult, is shown injuring himself while recklessly misusing an uninflated SLIP 'N SLIDE YELLOW WATER SLIDE toy, which had not been connected to a water source, violating safety and usage guidelines as stated clearly and extensively on the product and packaging. These safety and usage guidelines limit its use to children ages 5-12 weighing less than 110 pounds, and under 5 feet tall. In addition, the guidelines explicitly state that the product must be inflated, wet and connected to a hose before use. Further, the instructions advise that users should also be wet before use. Failure to adhere to usage guidelines may result in serious or even fatal injury, the guidelines clearly state.
"Our commitment to the safety of our products complies with all mandatory safety regulations globally, as set forth by the United States Consumer Product Safety Commission, Canadian Ministry of Consumer and Corporate Affairs, American Society for Testing and Materials and the European Product Safety Commission," continued Sgromo.
In its petition to the court, WHAM-O seeks an injunction ordering Paramount Pictures Corporation and Happy Madison Productions either to withdraw the film or to insert appropriate disclaimers and safety guidelines in all current and future distributions of the film and film trailers.
<snip>
Could/should gun makers do something similar with movies that depict their products used unsafely?
I'd have mixed feelings about that (free artistic expression and all), but still...
http://home.businesswire.com/portal/site/home/index.jsp?epi-content=NEWS_VIEW_POPUP_TYPE&newsId=20030908005940&newsLang=en&beanID=2133606841&viewID=news_view_popupWHAM-O, Inc. Files Suit Against Recently Released ``Dickie Roberts'' Feature Film for Unauthorized, Unsafe Depiction of Its Trademarked Slip 'N Slide Toy Product
EMERYVILLE, Calif.--(BUSINESS WIRE)--Sept. 8, 2003--WHAM-O(R), Inc. the leading manufacturer of innovative outdoor fun products for every season, announced today that it has filed a lawsuit against Paramount Pictures Corporation and Happy Madison Productions for the unauthorized commercial use of its SLIP 'N SLIDE(R) toy and YELLOW WATER SLIDE COLOR registered trademarks in the recently released feature film, "Dickie Roberts," a violation of the Lanham Act.
"WHAM-O is concerned about the depicted misuse of its product in the film and its advertising, particularly the potential for injury to children and even adults who, after viewing the scene, might use the product in the same reckless manner," said Peter Sgromo, Senior Marketing Director of WHAM-O's Toy Division. "It goes without saying that Slip 'N Slide has become a part of the fabric of American Culture, as evidenced by its unwavering popularity among kids over its many years and, as such, it continues to be a natural fit for the entertainment industry when used to depict childhood outdoor fun. That said, it is of utmost importance to WHAM-O, that the entertainment industry seek and obtain permission to depict the registered trademarked product and its subsequent use in a manner that is approved by WHAM-O."
In the film, the title character, a physically fully grown adult, is shown injuring himself while recklessly misusing an uninflated SLIP 'N SLIDE YELLOW WATER SLIDE toy, which had not been connected to a water source, violating safety and usage guidelines as stated clearly and extensively on the product and packaging. These safety and usage guidelines limit its use to children ages 5-12 weighing less than 110 pounds, and under 5 feet tall. In addition, the guidelines explicitly state that the product must be inflated, wet and connected to a hose before use. Further, the instructions advise that users should also be wet before use. Failure to adhere to usage guidelines may result in serious or even fatal injury, the guidelines clearly state.
"Our commitment to the safety of our products complies with all mandatory safety regulations globally, as set forth by the United States Consumer Product Safety Commission, Canadian Ministry of Consumer and Corporate Affairs, American Society for Testing and Materials and the European Product Safety Commission," continued Sgromo.
In its petition to the court, WHAM-O seeks an injunction ordering Paramount Pictures Corporation and Happy Madison Productions either to withdraw the film or to insert appropriate disclaimers and safety guidelines in all current and future distributions of the film and film trailers.
<snip>