Jimmy Sues Six Flags

[TropicalTroubador]

Cheeseheads next on the hit list!!!!


Seriously though, would he really be this petty? As much as he's an excellent businessman, he's a better marketing person, and this is bad press.

In the entertainment industry, there *is* no bad publicity.

For some of the reasons mentioned by others (takeoff on "deadhead," Jimmy's own use of slightly twisted, probably copyrighted phrases), I bet his lawyers will lose this one.

Though I suppose we should wait to hear what sorts of colorful comments come from the Swear-at Heads...

[chippewa]

My guess is Jimmy found out about the lawsuit by reading BN. The lawyer types are just out there trying to protect the copyright, win or lose. The next time something comes up that really is an infringement, they can point to this case and say they've been actively protecting all along.

[jimsig]

Big O Tires is going after lots of companies who use the word "Big" or "O" in their name. They are currently suing an automotive company for calling their auto racing cylinder heads "Big M". They say people might be confused. Of course the cylinder head people only sell to auto racers and Big O Tires only sell to average consumers. According to an article on the drag racing web site competitionplus.comand the US Trademark Office, they have also gone after Overstock.com, Oakley, Goodyear Tire and Rubber Company, and Daimler-Chrysler Corporation

[jimsig]

For some reason I can not edit my original post. The cylinder head manufacturer is now going after Big O and counter-suing them. They contend that Big O Tires does nothing but create work for the federal trademark board, and the “offending” companies grow tired of it and settle. A second article can be foundhere.

[Pleasin & Teasin]

With the personal attacks in the Six Flags' rep's statement, I'm glad they're getting their butt sued and I hope they lose. I'm sick of people thinking Jimmy Buffett fans are nothing but drunk, tacky tourists.

We're not????.............ooops... I must be on the wrong board....

[chippewa]

For some reason I can not edit my original post. The cylinder head manufacturer is now going after Big O and counter-suing them. They contend that Big O Tires does nothing but create work for the federal trademark board, and the “offending” companies grow tired of it and settle. A second article can be foundhere.

I don't think you can edit in the "news" forum.

[12vmanRick]

as said above, Jimmy probably doesn't even know

and from a legal aspect my understanding is that you VIGOROUSLY have to pursue any possible copywrite infringement or you could lose it altogether.

[buffettbride]

This is my take on how "Carrothead" came about. Pure speculation of course. I bet in whatever marketing meeting @ Six Flags there was a Parrothead or two who wanted to give a subtle nod to our man Jimmy. Thus, "Carrothead" is born.

Now, whether that is copyright infringement I think could be open to debate because it SOUNDS similar to Parrothead is what's going for it, but the use of "Head" (hehe, I said head) after many entertainer's name is quite common.

Anyone remember that episode of Will and Grace and the "Fanilows" ???? Would that make us "Buffalos"?????

[Pleasin & Teasin]

Anyone remember that episode of Will and Grace and the "Fanilows" ???? Would that make us "Buffalos"?????

Ah yes...well, if the Grateful Dead or whoever first created the use of 'head' should sue and we were prohibited from being parrotheads, we have a substitute all ready!! Buffalos!!! Excellent!! Perfect!! You are so clever, my dear!!!

[nutmeg]

Trademark attorneys are programmed to go after each and every instance that they feel weakens their trademarks.

I used to work in the department at Dow Chemical associated with STYROFOAM brand plastic foam.

It was a constant battle for our attorneys to keep people from referring to foam cups and coolers, etc as STYROFOAM.

Well MAD magazine had misused SYROFOAM in one of their issues...so our attorney dutifully wrote to MAD Magazine.

The letter to the editor and response follows


"The December, 1990 issue of MAD (#299) has been brought to our
attention. Please be informed that incorrect reference was made to our
trademark STYROFOAM on page 12, ("MAD Reviews the 21st Century Ahead of
Time").

"STYROFOAM brand foam products include insulation used in the
construction industry, nautical billets and billets sold into the
floral and craft industries for further manufacture. STYROFOAM brand
plastic foam is not used to make cups, plates, food containers, trays
or the like.

"Instead of using STYROFOAM when making reference to consumer or packaging
products, please use 'foam' or 'plastic foam'; for example, 'foam cup',
'plastic foam tray' and 'foam packaging material'.
Marsha M. Lang
Trademark Attorney
The Dow Chemical Company"
[end of letter]

To which the Editors of MAD replied:

"M.- We were so moved by your letter we xeroxed it and scotch taped it
to our MAD(r) bulletin board with a band-aid! Everyone read it during
our traditional MAD(r) afternoon jello break (which, by the way, we
keep fresh by storing in baggies!). Before we knew it, everyone in our
office began sobbing and reaching for kleenex and chap stick (some even
needed vaseline and pampers!) There's no question about it -- Dow
helps us at MAD(r) bring good things to life! -Ed. P.S. -- What the
hell are nautical billets??"

I don't think they wrote to Mad magazine after that.....

To me the six flags thing sounds like "overkill" However, I'm not a trademark attorney.....

[Conolulu]

Trademark attorneys are programmed to go after each and every instance that they feel weakens their trademarks.

I used to work in the department at Dow Chemical associated with STYROFOAM brand plastic foam.

It was a constant battle for our attorneys to keep people from referring to foam cups and coolers, etc as STYROFOAM.

Well MAD magazine had misused SYROFOAM in one of their issues...so our attorney dutifully wrote to MAD Magazine.

The letter to the editor and response follows


"The December, 1990 issue of MAD (#299) has been brought to our
attention. Please be informed that incorrect reference was made to our
trademark STYROFOAM on page 12, ("MAD Reviews the 21st Century Ahead of
Time").

"STYROFOAM brand foam products include insulation used in the
construction industry, nautical billets and billets sold into the
floral and craft industries for further manufacture. STYROFOAM brand
plastic foam is not used to make cups, plates, food containers, trays
or the like.

"Instead of using STYROFOAM when making reference to consumer or packaging
products, please use 'foam' or 'plastic foam'; for example, 'foam cup',
'plastic foam tray' and 'foam packaging material'.
Marsha M. Lang
Trademark Attorney
The Dow Chemical Company"
[end of letter]

To which the Editors of MAD replied:

"M.- We were so moved by your letter we xeroxed it and scotch taped it
to our MAD(r) bulletin board with a band-aid! Everyone read it during
our traditional MAD(r) afternoon jello break (which, by the way, we
keep fresh by storing in baggies!). Before we knew it, everyone in our
office began sobbing and reaching for kleenex and chap stick (some even
needed vaseline and pampers!) There's no question about it -- Dow
helps us at MAD(r) bring good things to life! -Ed. P.S. -- What the
hell are nautical billets??"

I don't think they wrote to Mad magazine after that.....

To me the six flags thing sounds like "overkill" However, I'm not a trademark attorney.....

That's hilarious , Sista Slip....

[OPHarbor]

so does this mean we will no longer be able to use the words bonehead, fathead, butthead, meathead etc?

Or in my son's case now, "Weeniehead."

classic...adding that to the list.

oh oh, we must not forget doodoohead and poopiehead!

He says, "Neener nanny poopiedoodiehead" more often than I'd like.

well, like your siggy says...it's all about the poop!

Hey, My Grand-daughter calls me Donkey-head. Is Jimmy coming after her TOO!!!

C'mon Bubba.......ENOUGH!!!

[CaptainP]

He might not even know about it - he would be paying his lawyers big $$ to protect his businesses and copyright ... my guess is they just act on his behalf .... and he might not even know a lot of it .....

He probably didn't know about it. The lawyers act on their own.

[SchoolGirlHeart]

and from a legal aspect my understanding is that you VIGOROUSLY have to pursue any possible copywrite infringement or you could lose it altogether.

Yep.

[Migration Michelle]

My guess is Jimmy found out about the lawsuit by reading BN. The lawyer types are just out there trying to protect the copyright, win or lose. The next time something comes up that really is an infringement, they can point to this case and say they've been actively protecting all along.

Agreed.

[Carolinadreamin']

From the New York Post: It Sure Bugs Buffett
<em>
significantly older Hawaiian shirt-wearing, margarita-swilling Parrotheads. em>

I take offense to the words "older" and margarita-swilling". Older than who?...a 6 yr old...OK but NO OLDER. And I DO NOT SWILL margaritas...but I do swill 3 Olives berry vodka. Margaritas I sip...anyone knows if you swill a margarita, you will get a brain freeze.

Sheesh...don't these people know anything???

As for Carrotheads...

[Brown Eyed Girl]

So from what I have read, Jimmy has cornered the market and now owns the word "head" and anything associated with it? So what do we now call that object on top of our neck? Our cranium? "Man, I've got a craniumache" is a bit of a mouthful. So is "I'm gonna slap him upside the cranium". It just doesn't flow. Some may start saying that Jimmy's cranium is getting to large to fit through the door.

Whether or not he instigates these lawsuits or is even aware of them (initially) is really beside the point. He has the power and ability to stop this nonsense...and I sure hope he steps up and does so.

[CaptainP]

Craniumache

[SharkOnLand]

So from what I have read, Jimmy has cornered the market and now owns the word "head" and anything associated with it? So what do we now call that object on top of our neck? Our cranium? "Man, I've got a craniumache" is a bit of a mouthful. So is "I'm gonna slap him upside the cranium". It just doesn't flow. Some may start saying that Jimmy's cranium is getting to large to fit through the door.

Whether or not he instigates these lawsuits or is even aware of them (initially) is really beside the point. He has the power and ability to stop this nonsense...and I sure hope he steps up and does so.

Parrothead and Carrothead are too similar, in the eyes of JB's attorneys. And really they sound alike, especially if you don't enunciate too well.

And has been stated, if you don't defend a copyright, you may just lose that copyright. Imagine the ramifications if EVERY parrothead club in the world had to change their name because they lost the copyright to "Parrothead".

Other "-head" words really don't apply, unless they are VERY close in spelling/sound to the copyright word....

[Gulfbreeze]

So from what I have read, Jimmy has cornered the market and now owns the word "head" and anything associated with it? So what do we now call that object on top of our neck? Our cranium? "Man, I've got a craniumache" is a bit of a mouthful.

I'm sorry...seeing these words associated in the same post...well...just ain't right...