by Bruce Simmons:
Richard Childress Racing [RCR] takes it's registered, trademarked stylized numbers very serious when it comes to the business end of the stick.
RCR has sued Majestic Mountain Marketing for using three of the RCR customized numbers to sell photos, posters and prints. Can we say oops? Better yet, can we say: We weren't using our heads?
The numbers in question are the 3, 29 and 31.
The suit take the perspective that because of RCR's success in racing and their commercial success of products and services using these customized logos (numbers), that they have become famous as trademarks and service marks.
Majestic Marketing, who runs under the alternate business name of Pro Sports Images says it has used confusingly similar imitations of the numbers. Huh?
RCR is saying they want them to recall and destroy all related products and demands 3x the amount of the profit for the use of the images in damages.
So here's where I stand: If Pro Sports Images makes money selling, well images of professional athletes, and was stupid enough to apply their imitation numbers to the cars or drivers they've been selling products of, shame on you and I'm thinking you probably aren't surprised. That's a funny gray area you tread in the highly contractual and competitive field of professional sports.
The Devils Advocate in me says: So how can we take a number, an item used by the world over, italicize it, and copyright it? I know (Or I think I know... I could be wrong) that they've copyrighted the stylized 3 they've used on the late Dale Earnhardt's car and no one has really contested them in court or on product, but I have a hard time thinking they can protect their claim all the easily.
Now that the left and right sides of my brain are done arguing, I think it will be interesting to see how this little legal skirmish settles out. If mediation will be successful or if this will drag into the legal system for the proper official fight.
Source: http://www.bizjournals.com
Hmmm. Definitely one of the more interesting suits I've seen as of late. Since I know very little about this particular story, my question would be in what manner were the numbers being distributed? If the numbers can in anyway be traced back to NASCAR, then yeah, I'd say that Childress has a viable case.
ReplyDeleteIt's a slippery slope. I can see how it would be hard to consider an italic number as property. You are right, anything in professional sports is very competitive.
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