A Different Moneymaker Qestion???

[jaybee_70]

Michael Buffer during an appearance on the Howard Stern show stated that the phrase was copywrited (written?). He had an exclusive deal to promote a boxing game and other ventures all based on the phrase. The copywrite means you could be sued for infringement (sp?), but it is not practical to hunt down and sue every offender.

Joe

[Wake up CALL]

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Well, I don't understand how I could be doubted. But, here's a link to Michael Buffer's website with some information about his trademark rights.


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What is specifically in question is: Is anyone allowed to utter the words "Let's get ready to rumble" In a commercial environment? My point is that they are allowed unless they are clearly using Mr. Buffers actual voice or introducing boxers or selling a product which implies that they are utilizing Mr. Buffers trademark phrase in order to profit from his fame.

You pretty much stated that under no commercial circumstance could this phrase be used and it is that contention with which I disagree. In fact he has sued the producrers of the movie Rumble in the Bronx and the studios producing Booty Call and lost both of these lawsuits. Therefore the context of the phrase must be relevant.

EDITED BELOW:

Yeah, what JR said! [img]/images/graemlins/smile.gif[/img]

[J.R.]

Here is the test for meeting the nominative fair use exception, which arises when the Defendant uses the trademark in refering to the Plaintiff's (the trademark holder's) trademarked good. This is the relevant trademark fair use exception to the discussion of the WPT's reference to Harrah's trademarked good, the "World Series of Poker":

"First, the product or service in question must be one not readily identifiable without use of the trademark; second, only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and third, the user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark owner." New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992)

[MrDannimal]

I think the WPT was just beeing a weenie, and wanting to ignore the WSOP while trying to make their tour seem like the biggest game in town, when the WSOP clearly is.

[BeerMoney]

Did his father eat his 2.5 million bucks or what. The guy is huge and hugely annoying too.

[jumpthru]

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You can't "buy" the exclusive rights to a phrase and prevent someone else from using it in all situations

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I believe you can. Doesn't the famous boxing ring announcer (can't remmeber his name) have a copyright protection on the phrase "Let's get ready to rumble!!!!!!!!!!!!!!!!!"

Donald Trump has recenlty been trying to gain the rights to "You're fired."

Nobody can use the "Let's get redy to rumble" phrase in a commercial venture without paying the ring announcer who owns it.

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Thats the stupidest thing I have ever heard, what has this world come to if you cant say someone cause someone owns those words. This is America, the land of the free, not Iraq.

I really really think its dumb that radios couldn't say Superbowl...for crying out loud......it IS the super bowl...its the name of the game...

same for WSOP, i didn't know that was the case for that too.

[charlie_t_jr]

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I really really think its dumb that radios couldn't say Superbowl...for crying out loud......it IS the super bowl...its the name of the game...

same for WSOP, i didn't know that was the case for that too.

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We could say "Super Bowl", we just couldn't use the that term when refering to the trip give-away. For example: Coming out of a song into a commercial break, I could say something like, "the Super Bowl is coming up, in the playoffs this weekend are.....whoever....by the way be listening for your chance to win a trip to the "Big Game". Here's where we couldn't us the term "Super Bowl". Not sure of all the details, other than, the Super Bowl is like the "Final Four"...but like you, I didn't equate it to the WSOP and WPT.

I could understand why they couldn't use WSOP in the promo's for the upcoming show, but thought it was kind of silly not mentioning WSOP champ Chris Moneymaker, when he was introduced.