How Far Do Rights in a Personal Name Extend?
April, 2003
On June 2, 2003, Spike Lee sued Viacom Inc. for its plans to rename its TNN cable channel “Spike TV.” In court papers, Lee alleged that Viacom’s planned rebranding to Spike TV was a deliberate attempt to hijack his name, image and reputation. Lee’s suit claimed trademark infringement and a violation of his right of publicity.
Billed as the “first network for men,” Viacom claims it wanted to change TNN’s name to Spike TV to try to attract more men to an audience that is already two-thirds male. Spike TV will feature reruns of the A-Team, Baywatch and Miami Vice. It will also air professional wrestling, American Gladiators and the animated series Ren and Stimpy as well as Stripperella, featuring Pamela Anderson as a stripper/undercover agent.
Viacom argued in its court papers that Spike is a common name to which no one person may exclude all others from using it.
Spike Lee, a world famous filmmaker, directed the films “Do the Right Thing,” “Malcolm X” and “Jungle Fever.” He has also served as a pitchman for Nike and is a partner in an advertising agency called SpikeDDB.
The most compelling fact in Lee’s favor was that Viacom’s president admitted in an interview that Spike Lee was one of his major inspirations for his choosing the name Spike TV. Further, Lee filed numerous affidavits from people including Sen. Bill Bradley and Ed Norton stating that when they heard about Spike TV they believed Lee had become affiliated with the network.
Lee obtained a preliminary injunction in a New York state court, a ruling upheld by an appellate court, and a hearing before a full appellate bench was scheduled for the first week in September. However, on July 11, 2003, the parties announced that they had settled their differences and Lee withdrew his suit. The terms of the settlement are confidential; however, it is known that Viacom has the right to rebrand TNN to Spike TV.
Practice Pointer:
Had this case not settled, for Lee to have prevailed on the merits, he would had to have proved that viewers were likely to be confused into believing Lee was somehow affiliated with Spike TV. Such evidence is typically in the form of consumer surveys or affidavits of influential persons in the entertainment industry.
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