Disney Sued Over the Adventures of Sharkboy & Lavagirl

[Lazario]

Well either way, I'd sure as hell like to know what this guy expects in the realm of financial compensation... Even if he's right, very little makes the film studio libel. This is a mistake on the part of the filmmakers, and even then, we can still argue about how much of the idea was really stolen. These people didn't make this movie just to capitolize on this wrestler's success- he's not that successful, I don't have a clue who he is and I watch wrestling all the time. But I think you can bet he'll be expecting them to pay as though they were ripping him off, paying a huge amount as though the movie were in fact called the Adventures of McDonalds and Lavagirl!!!

That is just plain wrong. And it's more a victory for people who are jealous of studios getting rich. They just assume some is always been ripped off of their idea.

[chaychay102royal]

Your comments on this wrestler's lack of fame is something that could cause Disney to win this case.

I'm starting to get interested in something that I originally claimed was stupid!

[2099net]

Well either way, I'd sure as hell like to know what this guy expects in the realm of financial compensation... Even if he's right, very little makes the film studio libel. This is a mistake on the part of the filmmakers, and even then, we can still argue about how much of the idea was really stolen. These people didn't make this movie just to capitolize on this wrestler's success- he's not that successful, I don't have a clue who he is and I watch wrestling all the time. But I think you can bet he'll be expecting them to pay as though they were ripping him off, paying a huge amount as though the movie were in fact called the Adventures of McDonalds and Lavagirl!!!

That is just plain wrong. And it's more a victory for people who are jealous of studios getting rich. They just assume some is always been ripped off of their idea.

He's not complaining they have stolen his idea. He is complaining they have used his trademark without permission. It's different. What's the point of having an trademark system if people don't abide by it? A trademark is a trademark, and shouldn't be taken by anybody without the owners consent.

[Timon/Pumbaa fan]

So far the wrestler is doomed! I've been trying to find more information on the lawsuit and I can't find 1 article on the internet ANYWHERE! If it could hardly get the slightest bit of Media then I don't think the case is going to go much further.

[Lazario]

He's not complaining they have stolen his idea. He is complaining they have used his trademark without permission. It's different. What's the point of having an trademark system if people don't abide by it? A trademark is a trademark, and shouldn't be taken by anybody without the owners consent.

Well in that post you're replying to, I changed my tune a little bit. I feel perhaps he's owed a little financial compensation. But who else is going to agree if they don't see more proof? And exactly how has he been so put upon? He's expecting compensation on far too many bases, when really I think he doesn't deserve thousands of dollars just because the movie has his name. It's just a name, but he is asking too much. And like it's also been pointed out, he could really use the publicity. So why the heck support that? I don't think the point about his deserving to win this case on behalf of people who really have had their name ripped off to actual damages, rides front seat... I couldn't ignore the fact that he is aiming at too easy a target. Movie studios shouldn't be responsible for every lawsuit against a movie! Or else, all moviemaking suffers.

[Timon/Pumbaa fan]

Movie studios shouldn't be responsible for every lawsuit against a movie! Or else, all moviemaking suffers.

I actually sort of agree with that. You know that from the Bible to Revenge of the Sith there are only 20 original plots.

[DaveWadding]

You know what's funny is if you type Shark Boy into Google, the first result you get is sharkboy.net, which is Shark Boy (the wrestler's) website.

[Lazario]

Oh? Do you know when it was established? By the way, it doesn't really matter. Do you have a clue how many Real World cast members have their own websites?

[DaveWadding]

Oh? Do you know when it was established? By the way, it doesn't really matter. Do you have a clue how many Real World cast members have their own websites?

Oh, by the way, Shark Boy has been wrestling as Shark Boy since 1997! Racer Rodriguez came up with the character idea for "Shark Boy" TWO YEARS AGO.

Dean Roll has an ACTIVE trademark on Shark Boy that you can look at yourself by going to www.uspto.gov and using the Search function for SHARK BOY.

That seems like a pretty cut and dry win for the wrestling Shark Boy, or am I wrong?

oh and T/P fan:

MTV
http://www.mtv.com/movies/news/articles/
1503739/06082005/story.jhtml

The Cincinnati Enquirer
http://news.cincinnati.com/apps/pbcs.dll/article?AID=
/20050608/NEWS01/506080412/-1/CINCI

The Dayton Daily News
http://www.daytondailynews.com/localnews/content/
localnews/daily/0608sharkboy.html

[2099net]

Movie studios shouldn't be responsible for every lawsuit against a movie! Or else, all moviemaking suffers.

I actually sort of agree with that. You know that from the Bible to Revenge of the Sith there are only 20 original plots.

But it's not a plot. It's a legal entity. As myself and DCWadding have pointed out there are standards and practices in place to stop this from happening. There is no excuse for it happening.

DCWadding has demonstrated that that Shark-Boy has a valid trademark. In order to keep his trademark he has to be seen to defend it, or else when he applies to renew it, it could be refused for reasons of neglect.

I don't think the case it totally cut and dried. The potential for confusion has to be demonstrated, but given both are in the Entertainment business and both are aimed at the same audience demographics, I would be very, very surprised if Shark-Boy looses.

[Lazario]

Oh, by the way, Shark Boy has been wrestling as Shark Boy since 1997! Racer Rodriguez came up with the character idea for "Shark Boy" TWO YEARS AGO. Dean Roll has an ACTIVE trademark on Shark Boy that you can look at yourself by going to www.uspto.gov and using the Search function for SHARK BOY. That seems like a pretty cut and dry win for the wrestling Shark Boy, or am I wrong?

Absolutely nothing about this is cut and dry! And I knew he'd been around since 1997, that's the FIRST thing I was told about him (other than just how long he's had 'copyright' of the name, less than from then to now).

Besides, why are you so quick to see Dimension get sued? How do you feel you win- by seeing the rich have to pay up? Please! Are you actually going to even mention the accusation that this is a publicity stunt? Or is it that you're a fan of the wrestler?

Sorry, no one knows who Shark Boy the wrestler is. No website or lawsuit is going to change that.

[DaveWadding]

DCWadding has demonstrated that that Shark-Boy has a valid trademark. In order to keep his trademark he has to be seen to defend it, or else when he applies to renew it, it could be refused for reasons of neglect.

Actually he first filed for the trademark in 99 and just renewed it in January (info from www.uspto.gov )

[2099net]

DCWadding has demonstrated that that Shark-Boy has a valid trademark. In order to keep his trademark he has to be seen to defend it, or else when he applies to renew it, it could be refused for reasons of neglect.

Actually he first filed for the trademark in 99 and just renewed it in January (info from www.uspto.gov )

Ah yes. Seven years

[Luke]

Isn't it a little odd that he did this in January? By then, wouldn't he know of the Rodriguez movie? Before that, it looks like in '99 all he registered was the typed drawing "Shark Boy" and not the word mark? Admittedly, I'm no trademark expert. But the January transaction may have been to cash in on this summer's movie, whereas the '99 (which undoubtedly predates Rodriguez / Dimension) seems like it was just a logo? (Which someone else also had with Sharkboy as one word.)

In any event, thanks for the link, Dave! Interesting to see Disney registering trademarks for characters in <i>Chicken Little</i> and <i>Cars</i>!

[Mr. Toad]

Luke - I think the January has more to do with the timing of the seven year rule than the movie.

[Luke]

Luke - I think the January has more to do with the timing of the seven year rule than the movie.

But why renew it after 5½ years then and as something different than before? Wouldn't that be unnecessarily early?

[Lazario]

Sure sounds that way, now that you mention it.

[Timon/Pumbaa fan]

I don't think Disney should pay SharkBoy because even though they have the same name they have nothing in common! It's like that example I gave, Justin Timberlake might as well sue me because I have the same first name as him!

[2099net]

I don't think Disney should pay SharkBoy because even though they have the same name they have nothing in common! It's like that example I gave, Justin Timberlake might as well sue me because I have the same first name as him!

No. They do have something in common. Both are in the Entertainment industry. Zomba records (or whoever) wouldn't let you become a singer with a name the same as, or similar to Justin Timberlake. The Screen Actor's Guild wouldn't let you become an actor with a name the same as or similar to Justin Timberlake either.

It's not just about money. Let's say the film is a success. Lots more people go to see Shark-Boy wrestle. But soon their's a backlash. It's not the Shark-Boy people expected to see. Soon promoters won't hire Shark-Boy because they don't want the hastle of dealing with disappointed customers. Shark-Boy finds out he has to change his name. So all of Shark-Boy's professional work has been destroyed, and he virtually has to start from nowhere again. The earnings from Shark-Boy's identity may not be much compared to Disney's, but Shark-Boy's earnings are his livelyhood.

The above could or could not happen as a result of the film. But the reason we have the trademark law is to stop such things from happening. Laws exist for a reason, and should be stuck to.

[2099net]

Luke - I think the January has more to do with the timing of the seven year rule than the movie.

But why renew it after 5½ years then and as something different than before? Wouldn't that be unnecessarily early?

Well, logos can change. Look at the various Bat-Man logos over the years. As for the timing, its actually 10 years for American trademarks (but I think for various international reasons seven years is preferred). However, trademarks can be renewed before they are due to expire. Besides, if his new trademark infringed on Disney's, it wouldn't be allowed!