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Wrestler Maxx Payne Sues Game Publisher
Ryan Barrett writes "The Associated Press reports that retired WCW wrestler, actor, and voice actor Maxx Payne is suing a group of game developers and publishers over the game Max Payne. In Payne's words, "I left wrestling to come home to Utah and be with my family and I find myself in the biggest battle of my life - to save my identity." This raises an interesting question: in most cases like this, we Slashdotters are quick to speak out in Payne's defense. But when the big bad corporations are game developers, do we still take the little guy's side?" Is this suit exposing a genuine rip-off, or is it just a naming coincidence?
I don't know.. I haven't looked at Max Payne in a while, but doesn't it include a "Not based on real persons living or dead" type disclaimer in it? Such things have been on the credits of movies and TV shows for as long as I can remember...
Perhaps its needed for games now, to avoid lawsuits like this?
The revolution will not be televised. It won't be on a friggin blog either
If the game has done so much to steal his identity, then why has he waited two years since the game was released to sue?
Hate to say it but my instinct says he probably saw the marketing push for the sequel and thought "Hey they're putting a lot of money into this... I should get my hands on some of it"
I will crush you peetiful geeks with my fearsome lawsuit. How DAAAREE you steal my name for your pathetic excuse of a game. I will take back what is mine and spread your crushed and dessicated remains before me.
OOOOHHH YEE-AHH!
(wrong wrestler, but it's what came to mind...)
If Mr. Edison had thought smarter he wouldn't sweat as much. --Nikola Tesla
I thought it was named Max Payne for Max Pain...
Founder of Mirror Moon - Tsukihime Game Trans
As for the wrestler Mr. Payne, he might have had a case if he hadn't waited so damned long. I find it amazing that he didn't at least hear from someone something along the lines of, "Hey, I saw a videogame that had your old stage name on it! Cool, huh?"
Even if he managed to not hear about it until now, you have to actively defend trademarks if you want to keep them. This means doing a modicum of research on your trademark - Googling it every month or so might not be a bad idea. He definatly would have had a case if he'd gone to the publishers before the game went gold, he might have had a (somewhat shaky) case if he sued right after the game hit shelves, but he doesn't have much of one now.
Finally, I don't see how he is in a "battle to save [his] identity." Most people can discriminate between a pro wrestler and a game character; the hypothetical "reasonable person" appealed to so often in court cases like this one certainly could. Sorry, Mr. Payne, you ain't getting squat.
Note: I'm not a lawyer, this isn't legal advice, contact a lawyer in your jurisdiction, you know the deal.
That's it. I'm no longer part of Team Sanity.
Well Jello Biafra was certainly pissed when california ruled that he wasn't allowed to run for mayor under his alias "Jello Biafra" and had to use his real name...
For some people, their alias is what they're known by and might be just as important as their real name... Afterall it's what everybody know you as that count, if you ask me...
Stolen Identity? When was the last time a videogame created a fake driver's license or some credit cards?
This is no different than if some prostitute in a Duke Nukem game was named "Lolly Pop", and an ex-employee of the Bunny Ranch sued to make some extra cash. Max Payne is fairly high up on the list of obvious names for an action star.
I'm sure Spike Lee would side with him. After all, when Viacom decided to rename TNN to "SpikeTV", I know the first thing I thought was "Wow! Spike Lee is getting a TV channel named after him! Cool!!! The first network entirely for black filmmakers!" Oh wait, no I didn't. God, this is getting lame.
Beware, Nugget is watching... See?
There's a book I saw last time I was in a bookstore called "We Need To Talk About Kevin". Obviously, the author is stealing my name. I'm going to sue the author, the publisher, the bookstore, and maybe McDonald's too, just out of general principle.
Lawsuits, they're the American way.
Quidquid latine dictum sit, altum sonatur.
"I got it off a hair dryer" - Homer Simpson
Waiting for ad.doubleclick.net...
Here in Japan, there's an ex-wrestler named the Great Sasuke who won a position in the Iwate Prefectural Assembly under his stage persona. There was a minor scandal because he wore his mask to the legislative sessions and the ruling party didn't like that. The bill to forbid wearing masks failed, though, so he still goes to work every day in a business suit and a full-face mask.
Sono koro, bokura wa, sore ga sekai no shinjitsu da to shinjite ita.
Rule#1 fits for SCO: "If you don't understand someone doing something obviously dumb, than it most probably is about something else."
Everyone knows he won't win that ridiculous case.
And since he is retired the publicity doesn't help a damn, right?
So I'll stick with rule #2 here: "If you don't understand someone doing something obviously dumb, than he most probably is just some bored retard"
... is join the ARMY and become a Major. Then he can sue Damon Wayans and Universal Studios!
- You're not paranoid, they really are after you.
I think the photographer's name is Max Hardcore, not Max Payne. ;D
DecafJedi
DecafJedi
my weblog: apropos of something
Spike Jonze's son actually filed a comment with the court on behalf of TNN.
He pointed out that he and his family had a film in the works about his father, and the name of the film was "Spike". Obviously he was concerned.
Does he even have any ground to stand on, because of the extra "x" in his alias? It's like Jon Doe suing Fox for their John Doe TV series.
If it *is* a real name, it cannot be trademarked.
May we never see th
They should give him a free copy of Max Payne. I'd take it.
May we never see th
Doesn't that mean he wants his "identity" now to be "Darryl Peterson, retired former celebrity who spends time with his wife and kids and gets left alone"?
and I find myself in the biggest battle of my life - to save my identity
How about "to save my chance to cash in on somebody else using a name I was done with, since I'm greedy"? I mean, if the videogame was about a wrestler guy that looked like him, that'd be different. Isn't the Max Payne videogame about a non-wrestling cop who shoots people 'n stuff?
Frankly, if he sincerely wants to be retired and be with his family, having his old name associated with something new now would probably just get him less rabid wrestling fans pestering him and interfering with his new "Darryl Peterson, family man" focus. He should thank them, not sue them!
Furcadia - A free online game with user created content, DragonSpeak scripting, & more.
Oh, and speaking of Leo, the "Gangs of New York" heartthrob has decided to really cover his rear by going the extra mile on a patent. Perhaps thinking that his famous name is more than, well, just a name, DiCaprio has applied to the Department of Commerce to have it trademarked. While it may sound a bit extreme to you or me, the 24-year-old star's trademark application has already received a preliminary approval from Commerce's Patent & Trademark Office. I guess that kills my chances at naming my firstborn after him! Oh well.
Only in America.
"Armed forces abroad are of little value unless there is prudent counsel at home" - Cicero
If this does not work out for Max he can always sue these 53 people. 53 more lawsuits means he would never have to work again.
Johnkoerner.com