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The Real Monsters Behind Godzilla

eldavojohn writes "A Wired blog looks at the real monsters behind Godzilla: his lawyers. Do you think Godzilla is basically a glorified T. Rex? Guess again, as his lawyers have tirelessly argued: 'He's erect-standing. He's got muscular arms, scaly skin and spines on back and tail and he breathes fire and has a furrowed brow, he's got an anthropomorphic torso. The T. rex has emaciated bird-like arms and stands at a 45-degree angle.' Read on to find out why they targeted the site davezilla.com but not mozilla.org. Another abuse of the American trademark & copyright system? You decide — just don't make a float of him or you'll find yourself paying an undisclosed sum to Toho Co. Ltd."

243 comments

  1. Helpless people on subway trains... by Count+Fenring · · Score: 5, Funny

    Helpless people on subway trains
    Scream to God, as he puts liens on their assets to cover the cost of legal proceedings!
    GODZILLA!

    1. Re:Helpless people on subway trains... by Anonymous Coward · · Score: 0

      History shows again and again,
      how slashdot points out he folly of riaa!

      GODZILLA!

    2. Re:Helpless people on subway trains... by Anonymous Coward · · Score: 0

      Helpless people on subway trains

      Scream to God, as he puts liens on their assets to cover the cost of legal proceedings!

      GODZILLA!

      Funniest /. post ever

    3. Re:Helpless people on subway trains... by geekmux · · Score: 5, Funny

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      Hey Brianna, it sounds like you could help me, I've got this friend from Nigeria who needs my help to transfer a large sum of money from his bank...

    4. Re:Helpless people on subway trains... by laejoh · · Score: 3, Funny

      Naa, I like Trogdor more.

      Burninating the countryside. Burninating the Peasants. Burninating all the people in their THATCHED ROOF COTTAGES!!!!

      THATCHED ROOF COTTAGES!

    5. Re:Helpless people on subway trains... by shnull · · Score: 0

      From the who-cares-department ? i guess someone must have been really bored again :p

      --
      beware he who denies you access to information for in his mind, he already deems himself to be your master (SMAC-ish)
    6. Re:Helpless people on subway trains... by yetanotherforgottenl · · Score: 1

      Orthogonal terwilliger accordion!

  2. ip law is so bankrupt by circletimessquare · · Score: 4, Insightful

    1. godzilla is decades old. ip law should time out after a decade, at worst

    2. this is corporate takeover of our culture. its our culture. not their ip. we need to hammer this point home

    3. ip law exists to serve us. but it has been pervered to extort money for decades, even way after the artist is long gone. ip law doesn't even serve the artist, it serves the distributor

    the story of the 21st century will be the story of the death of ip law. it is simply morally unsound

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:ip law is so bankrupt by geekoid · · Score: 1

      There ias nothing lorally unsound about ip law.
      It's unethical for it to be stretched and abused against it's intent.

      There is a place for IP law. Anything going beyond 20 years(a generation) is wrong and damages the culture.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:ip law is so bankrupt by Locke2005 · · Score: 1
      godzilla is decades old. ip law should time out after a decade, at worst

      You are confusing copyright with trademark. Should I be able to call my product "Coke"? After all, Coca-cola is even older than Godzilla! Yes, copyright should expire after a reasonable time, but since they are still making Godzilla movies (last one was in 2004) this is still a valuable trademark. Yes, "copyright" IP should become a public domain part of our culture the death of the original creator. (The simplest solution is to make copyright non-transferable to a corporation, so that it dies with the creator instead of going on forever owned by an immortal corporation.) But this is trademark, and you have no more right to call your product "Godzilla" than you have to sell stories about a wizard named "Harry Potter".

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    3. Re:ip law is so bankrupt by Zordak · · Score: 1

      Except if Harry Potter goes out of copyright, you do have the right to call your wizard Harry Potter. Trademark can't be used to artificially extend the life of a copyright. If I can distribute copies of The Count of Monte Cristo, but the estate of Alexandre Dumas still holds a trademark, I'd have to call it, That Book About the Guy Who Got Revenge After Being Unjustly Imprisoned in the Bastille. Not quite as catchy.

      Also, I wouldn't tie copyright immediately to the life of the author. Otherwise, expect to see a covertly-Disney-funded hit out on J.K. Rowling in the near future.

      --

      Today's Sesame Street was brought to you by the number e.
    4. Re:ip law is so bankrupt by Sinbios · · Score: 1
      --
      Anyone can "stand up for what they believe", but it takes a very brave individual to change what they believe. - Loundry
    5. Re:ip law is so bankrupt by Abreu · · Score: 1

      Just a pointer, Edmund Dantes was imprisoned in the Chateau d'If, not in the Bastille...

      Now, back to topic, we should probably go back to a copyright of "author's life plus 20 years" or something like that.

      After all, it is not an unreasonable expectation to want to leave some inheritance for our children...

      --
      No sig for the moment.
    6. Re:ip law is so bankrupt by Anonymous Coward · · Score: 0

      The GP very well means the colloquial "our". You can crudely swap any occurrence of "Godzilla" with "Gojira", rewrite the rest in Japanese, and easily have a culture article about Japan. Or whatever other names the big guy takes on in whatever other language.

      "Our" culture means just that: The generic, all-encompassing "our culture". Godzilla's a bit globally known, you understand.

    7. Re:ip law is so bankrupt by Sj0 · · Score: 1

      How about 20 years?

      After all, it is not an unreasonable expectation to leave money you earned during your own lifetime as an inheritance to your children. I mean, everyone else does.

      --
      It's been a long time.
    8. Re:ip law is so bankrupt by TehDuffman · · Score: 1

      I live on Okinawa Japan and I would love to see the Japanese IP police actually go after their own people. There are so many rip-offs of American IP like bars called "American Idol" with the American Idol symbol on the bar (they are most definitely not paying royalties). There are fake DVD stores everywhere, the only IP they respect is God's by blurring out porn.

    9. Re:ip law is so bankrupt by gilgongo · · Score: 1

      But this is trademark, and you have no more right to call your product "Godzilla" than you have to sell stories about a wizard named "Harry Potter".

      Yes, but the existence of a trade mark does not prevent you from using it for non-commercial purposes. The OP was implying that Godzilla should by now be in the public domain. In the public domain, it is absolutely right and proper that if I want to make an animation of some Godzilla-like dolls duking it out on YouTube, and call it "Godzilla" I should be allowed to do so as long as I do not profit from it.

      Trade mark law is clear: there are three exceptions under which trademarks can be used: fair use in comparative advertising, in noncommercial use, and in news reporting or commentary.

      You are confusing copyright with trademark.

      Actually, I think you are too.

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    10. Re:ip law is so bankrupt by StikyPad · · Score: 1

      But is it a part of our culture because it has intrinsic value and meaning, or because we're a consumerist society which finds value and culture in whatever corporations are selling? I tend to believe it's less of the former, and more of the latter. We say we want Mickey Mouse to be free, but if he was, he'd be a stupid mouse, just like Paul Bunyan is a stupid lumberjack, and Babe is a stupid Blue Ox. Godzilla, King Kong, and Han Solo would lose their value if there wasn't a concerted effort to preserve it, and an incentive to do so.

      And if those things really have cultural value, then does it really matter who is preserving it? Whether it's the artist, or the distributor, or Michael Jackson with his Beatles library? Isn't that secondary to the fact that it is being preserved?

      I believe there is some validity to the idea that once there's no longer a corporate force marketing these "properties," they lose much of their allure. And I think that speaks more to our susceptibility to marketing than it does to any intrinsic value of the products themselves.

      I don't disagree that copyright laws are overly broad and excessive in length (although this particular case is actually a trademark issue, as noted above), but I don't necessarily buy the argument that these things are part of our culture, (at least not for any reason other than the fact that they were successfully marketed), or that we are being deprived of their potential value by tying it up in IP law. I think if we had fewer and freer IP regulations, it would force companies to produce more innovative and compelling content for the very reason that as soon as the copyright expired, the products' value would be diluted, and the market would be saturated by anyone who could create a webpage or punch out a lunchbox.

    11. Re:ip law is so bankrupt by Garwulf · · Score: 1

      "2. this is corporate takeover of our culture. its our culture. not their ip. we need to hammer this point home"

      Excuse me...WHOSE culture?

      It's part of JAPAN'S culture - we just enjoy it as a guilty pleasure. It doesn't speak to us the way it speaks to the Japanese.

      --
      Robert B. Marks
      Author, Demonsbane in Diablo Archive
    12. Re:ip law is so bankrupt by cpt+kangarooski · · Score: 1

      Now, back to topic, we should probably go back to a copyright of "author's life plus 20 years" or something like that.

      After all, it is not an unreasonable expectation to want to leave some inheritance for our children...

      Perhaps, but it is eminently unreasonably to use such a desire as a justification for long copyright terms.

      The vast majority of copyrighted works are without any copyright-related economic value whatsoever. Of the tiny minority of works remaining, the vast majority only have such economic value for a short period of time, following publication in a given medium. For example, a movie makes a lot of money the first weekend it is released in theaters, and generally less money during each week thereafter. Eventually, so little money is being made at the box office that it stops showing in theaters. Then it goes to pay-per-view for a while, home video, cable movie channels, etc. and the cycle repeats; the work is most valuable initially upon release, then becomes less and less valuable over time. Eventually there is no significant demand in any medium. An astoundingly small fraction of works have a lasting economic value, but getting such a work is so rare that it is like winning the lottery. In fact, it's like winning the lottery, and then being concerned with whether the winnings will still be pouring in potentially many decades down the road.

      Remember, merely granting or extending a copyright does not mean that the work is valuable. A copyright is a monopoly: it funnels money related to a work toward the holder. If there is no money to be had (because the work is no longer popular), then it funnels a bunch of nothing to the holder.

      We would never advocate that in order to provide for widows and orphans, people should invest their money in lottery tickets. But that's precisely what you're suggesting. You're saying that in order to provide for these unfortunates after the passing of an author, we should give them copyrights; copyrights which will predominantly never have had economic value, or where that value was exhausted long before.

      If we did this, not only would it harm the public, but it would provide no benefit to the people you're ostensibly trying to help. The only people it would help are the people who have lucked out and who have got a work with lasting economic value, which are rare as hen's teeth. Those people already made a lot of money; why are you trying to give them more? They either don't need it, or wasted their money and don't really deserve more public help in the form of longer copyrights.

      If you are honestly interested in helping needy widows and orphans, then support social welfare programs, encourage people to invest wisely (difficult these days, true), to take out life insurance, to not be wasteful, etc. But don't bother with copyright policy; it won't do what you want, and it's not wise to try.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    13. Re:ip law is so bankrupt by Babbster · · Score: 1

      In the public domain, it is absolutely right and proper that if I want to make an animation of some Godzilla-like dolls duking it out on YouTube, and call it "Godzilla" I should be allowed to do so as long as I do not profit from it.

      Clarification: You're free to make as much profit on material in the public domain as you want/can.

    14. Re:ip law is so bankrupt by SydShamino · · Score: 1

      After all, it is not an unreasonable expectation to want to leave some inheritance for our children...

      And why can't you put part of your income (while alive) in a trust fund, like the rest of us? Your argument is bogus.

      That said, I think tying copyright to the author's death is ripe for abuse. I personally would, right now, set it at 25 years for free, with a required $1 filing and registration to extend to 50 years. That may even be too long, but it is most certainly without a doubt fair enough to the existing copyright holders. Under this scenario descendants / estates can continue to hold the copyright as desired until expiration.

      --
      It doesn't hurt to be nice.
    15. Re:ip law is so bankrupt by Mr.+Slippery · · Score: 1

      Who is this "our" you speak of?

      Who's culture, indeed - the American version, Godzilla, King of the Monsters , did well in Japan, and introduced Gojira/Godzilla to a worldwide audience.

      By 1954, Japan had soaked up a tremendous amount of Western culture - deliberately in the period after the Meiji restoration, and via the occupation after WWII. How much influence did Western myths of fire-breathing dragons have here?

      Like Mickey Mouse or Zeus or Hamlet, Godzilla belongs to the world.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    16. Re:ip law is so bankrupt by TaoPhoenix · · Score: 1

      I'll even grant you some cute number like the older 50 years!

      We all seem to have missed this but the *movie* industry has lain real low while the music side takes the ... spotlight? The weird thing is we all talk about spreading music, local bands, yay.

      But there is no such thing as a "live movie" and movies cost almost a million times more than an album to produce. All our famous arguments about music almost hold water because the cost ratios are just low enough to confuse ourselves with.

      In fact, let's use your sig. Unless you do a devastatingly brilliant job on your movie, it's gonna creak at the seams because of your low budget. It's also been your sig for a long time. Isn't it done yet? Movies are the KING of IP. It often takes a decade to organize a movie project. Once it's done, it's still generally fresh enough to sell gas station copies for a decade.

      2009-50 = 1959. I can't recall any movie made before 1959 that I would think of seeing fresh on a screen. (Except maybe the old Bond movies. What if you bought an individual extension?) But we just learned from JJ Abrams the secret scorpion kick to IP law: ReLoad. Trek Original Series ReLoaded will now be Christmas fodder for another few years, so it makes sense that there's still 7 years left on the Nimoy-Kelley series.

      But in 10 more years on it would be "about time" for the Hippie Years cultural legacy be available for the Mashup Era of Web 3.0's generation.

      --
      My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine
    17. Re:ip law is so bankrupt by Zordak · · Score: 1

      Edmund Dantes was imprisoned in the Chateau d'If, not in the Bastille.

      So he was. It's been a few years since I read it.

      --

      Today's Sesame Street was brought to you by the number e.
    18. Re:ip law is so bankrupt by westlake · · Score: 1
      2. this is corporate takeover of our culture. its our culture. not their ip. we need to hammer this point home.
      .

      Godzilla is a corporate creation.

      The corporate product has defined and shaped pop culture for generations.

      When your great-great-grand parents played cowboys and indians as kids where do you think they found their inspiration?

      It's unlikely they ever closer to the real West than the cap pistols and cowboy hats of the five and dime, the Saturday Matinee and the arena stage shows of Buffalo Bill Cody and the King Ranch.

      The Wild West was a commercialized fantasy before Custer was cold in his grave. All the traditional elements of the western story are in place decades before "The Virginian" or "The Great Train Robbery."

      The geek who peppers every post with a reference to "Star Trek" or "Star Wars" is an IP driven corporate artifact.

      Nothing more.

    19. Re:ip law is so bankrupt by Hertzyscowicz · · Score: 1

      2. this is corporate takeover of our culture. its our culture. not their ip. we need to hammer this point home

      To be fair, Godzilla was originally a character from a Japanese movie.

      That said, Toho has had plenty of time to milk their IP on Godzilla and come up with a new iconic monster. The modern IP laws don't really encourage creativity, since it just doesn't pay to create more than one trademark and then fight tooth and claw to hang on to it. In a proper system you'd have a deadline coming up in your lifetime where you'll have to have come up with something new.

  3. Oh No!!!!! by $RANDOMLUSER · · Score: 1

    There goes Tokyo!

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    1. Re:Oh No!!!!! by jameskojiro · · Score: 1

      Go Go Godzilla!!!

      --
      Tsukasa: All I really want, is to be left alone...
    2. Re:Oh No!!!!! by Anonymous Coward · · Score: 0

      yee-ahhh!!

    3. Re:Oh No!!!!! by Dekortage · · Score: 1

      I was thinking we should rename the "slashdot effect" to SLASHZILLA! It's like taking a rage-filled rampage all over your bandwidth....

      --
      $nice = $webHosting + $domainNames + $sslCerts
  4. Luckily... by pwnies · · Score: 5, Funny

    We have ethical machines to deal with lawyers like these.

    1. Re:Luckily... by dmneoblade · · Score: 1

      MechaGodzilla? I think he's on their side this time.

      --
      Warning, knife is sharp. Please keep out of children.
  5. Who are the imaginary monsters 'behind Godzilla'? by im_thatoneguy · · Score: 1

    Doesn't the headline imply that there were ficticious monsters behind Godzilla?

  6. You know they are right... by Lostlander · · Score: 3, Informative

    He looks more like an allosaurus or perhaps a Dryptosaurus

    1. Re:You know they are right... by Solandri · · Score: 2, Insightful

      Actually he sounds more like a T. Rex costume with the inevitable compromises necessary to put a human actor inside it. Add some modified spines from a stegosaurus, and fire-breathing from mythology and you're there.

    2. Re:You know they are right... by R3d+M3rcury · · Score: 1

      I'm not sure. As the article points out, Godzilla stands erect while these beasties do not.

    3. Re:You know they are right... by interploy · · Score: 1

      I'm more concerned with the claim that the T-Rex had "bird-like arms". Did I miss something in the evolutionary charts? I know the latest theory is dinosaurs may be related to birds, but I'm not seeing how an Archaeopterix could have flown with to-scale T-Rex arms.

    4. Re:You know they are right... by DragonWriter · · Score: 1

      I know the latest theory is dinosaurs may be related to birds

      Actually, that birds are dinosaurs.

      but I'm not seeing how an Archaeopterix could have flown with to-scale T-Rex arms.

      Yeah, that's kind of odd. Wings aren't much like a Tyrannosaur's arms. I suppose they could be trying (very badly) to say that Big-T had arms that are like a bird's legs.

    5. Re:You know they are right... by Randle_Revar · · Score: 1

      >I know the latest theory is dinosaurs may be related to birds

      Yes, and the "latest theory" in astronomy is that the Earth "may" go around the Sun.

      As for bird-like arms, maybe they were speaking more metaphorically, going off the idea that birds are small and fragile?

      Of course T. rex really had arm bones as long as the arm bones of modern human but much more robust, and they probably could lift more than 400 pounds. So delicate or small (except in relation to body size) does not really apply.

    6. Re:You know they are right... by Randle_Revar · · Score: 1

      He looks vaguely (really vaguely) like a bad drawing of a T. rex, by someone that did not know T. rex's correct posture.

      Even in my earliest memories of Godzilla, I never remember thinking that he looked like T. rex.

  7. TROGDOR! by KDR_11k · · Score: 5, Funny

    He's got an S, a more different S, consummate Vs, spinities, wings, a beefy arm for good measure, angry eyebrows floating above his head and he comes IN THE NIIIIIIIIIIIIIIIIIIIIIIIGHT!

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
    1. Re:TROGDOR! by Mr.+Beatdown · · Score: 4, Funny

      Don't forget the majesty.
      Those guys wouldn't know majesty if it bit them in the face.

      --
      My fellow Americans, let's restore the death penalty for child rapists. Let's do it . . . for the children.
    2. Re:TROGDOR! by ailnlv · · Score: 0

      maybe we can convince him that the lawyers are peasants who live in the country side in their thatched-roof COTTAGES!

    3. Re:TROGDOR! by knothead99 · · Score: 1

      That happened once!

    4. Re:TROGDOR! by Mr.+Beatdown · · Score: 1

      They took the regular Godzilla and improved on his methods a bit, too. He used some Chiaroscuro shading...

      --
      My fellow Americans, let's restore the death penalty for child rapists. Let's do it . . . for the children.
  8. AIIIEEEEE!!!! by $RANDOMLUSER · · Score: 2, Funny

    The lawyers have failed to stop Godzirra!! Run! Run for your lives!

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
    1. Re:AIIIEEEEE!!!! by Anonymous Coward · · Score: 0

      The rawyers have fared to stop Godzirra!! Run! Run for your rives!

      Fixed that for ya.

  9. Note that they have a trademark not copyright by JoshuaZ · · Score: 1

    Note that the article implies that they have not just copyrights but trademarks. Trademarks do not have any maximal duration as long as one can defend them. So there's nothing here that is an argument for limited copyrights.

    1. Re:Note that they have a trademark not copyright by Count+Fenring · · Score: 1

      There is an argument for deciding more sensibly what is covered by trademarks and what is covered by copyright, and for limited trademarks in certain situations.

    2. Re:Note that they have a trademark not copyright by Registered+Coward+v2 · · Score: 2, Informative

      There is an argument for deciding more sensibly what is covered by trademarks and what is covered by copyright, and for limited trademarks in certain situations.

      The Godzilla likeness, name and roar are distinctive and used in commerce; trademark protection seems reasonable to me.

      Prtotecting it is important to keep it form becoming generic, resulting in their loss of the trademark.

      Just because something has become well known and popular doesn't mean it should loss protection; in fact popularity and recognition is a goal of most trademark owners.

      --
      I'm a consultant - I convert gibberish into cash-flow.
    3. Re:Note that they have a trademark not copyright by NellieBlyArmy · · Score: 1

      It should be protected, but under trademark? Or under copyright law, which is meant to deal with creative material?

      Especially since, in this case, trademark essentially prevents anything from ever coming into public domain, as long as its characters are trademarked by a corporation or the trademarks pass into corporate hands.

    4. Re:Note that they have a trademark not copyright by Registered+Coward+v2 · · Score: 1

      It should be protected, but under trademark? Or under copyright law, which is meant to deal with creative material?

      Especially since, in this case, trademark essentially prevents anything from ever coming into public domain, as long as its characters are trademarked by a corporation or the trademarks pass into corporate hands.

      That's actually the purpose of trademark - to protect the distinctive symbols / name /.etc. a company uses to market itself and be recognized by the public. To that end, yes it appropriate to trademark Godzilla. It is not a generic term nor figure.

      Should trademark be allowed to prevent otherwise out of copyright items from being used by the public? I'd argue no; as long as they are used as in the original work. It should be OK to use a cut from an old film without violating trademark or getting permission from the trademark owner; unfortunately that does not appear to be how the law works in such cases.

      --
      I'm a consultant - I convert gibberish into cash-flow.
  10. For MT fanboys by Mishotaki · · Score: 2, Funny

    They don't sue rent-a-zilla.com ?

    1. Re:For MT fanboys by Randle_Revar · · Score: 1

      zombiezilla?

  11. Tempest in a teapot by Locke2005 · · Score: 1
    They do own the trademark "Godzilla" and they need to protect it. "Cabzilla" shouldn't be regarded as infringing, but the picture certainly is, and re-labeling wine bottles is trivial. I would be predisposed to conclude that "Godzilla" is trademarked, but use of the "zilla" suffix for monsters is pretty much public domain by now, so I wouldn't have gone after Davezilla or Mozilla. They do have a clear-cut cause of action against anybody using the Godzilla image or the full name.

    How would slashdotters feel if somebody started selling a Linux branded cabernet with a picture of Tux on it without permission?

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
    1. Re:Tempest in a teapot by Lostlander · · Score: 5, Funny

      How would slashdotters feel if somebody started selling a Linux branded cabernet with a picture of Tux on it without permission?

      Most likely? Drunk.

    2. Re:Tempest in a teapot by Tetsujin · · Score: 4, Funny

      How would slashdotters feel if somebody started selling a Linux branded cabernet with a picture of Tux on it without permission?

      Most likely? Drunk.

      What's so unpleasant about being drunk?

      --
      Bow-ties are cool.
    3. Re:Tempest in a teapot by Count+Fenring · · Score: 1

      I guess I'd feel drunk?

      More seriously, Linux itself uses the blank-x format for its name, but it would be stupid and specious to claim that it infringes on the Unix trademark. And that's what Davezilla and co. are actually doing.

    4. Re:Tempest in a teapot by Locke2005 · · Score: 1

      Which is exactly my argument -- a wine called "Winix" is ok, but a wine called "Linux" is not.

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    5. Re:Tempest in a teapot by Count+Fenring · · Score: 1

      But the blog and the wine in the article aren't called "Godzilla," they're respectively called "Davezilla" and "Cabzilla."

      Basically, the problem here is a studio using trademark to, essentially, hold on to a copyrighted property for longer than copyright would normally allow. Characters and fiction should be covered under copyright, not trademark.

    6. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      Just ask a glass of water...

    7. Re:Tempest in a teapot by Arthur+Grumbine · · Score: 1

      Someone capitalizing off of Linux by selling WINE?! Preposterous!!

      DISCLAIMER: I have nothing but love for these guys since getting mine free

      --
      Now that I think about it, I'm pretty sure everything I just said is completely wrong.
    8. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      Ask a glass of water.

    9. Re:Tempest in a teapot by PitaBred · · Score: 2, Insightful

      If you use a picture of Godzilla on your product "Cabzilla", then you most definitely are attempting to use the well-known trademark of Godzilla in your marketing. A specific work is copyright... the character is trademark. It actually works out quite well, because it allows you to make future works that are definitely yours without confusion in the market.

    10. Re:Tempest in a teapot by Captain+Spam · · Score: 1

      How would slashdotters feel if somebody started selling a Linux branded cabernet with a picture of Tux on it without permission?

      Oh, no, no, no, WINE is something else entirely. It doesn't require Linux; it even runs on the BSDs and Solaris, if I'm not mistaken. Easy mistake. :-)

      *** Captain Spam runs and hides

      --
      Demanding constant attention will only lead to attention.
    11. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      Ah so! 'zilla' is in pubric domain, so we sclewed. But we stirr hord tlademalk on 'God'. BANZAII!! NOW WE HAVE THOSE CLISTIAN BASTALDS BY THE BARRS!!!.

    12. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      How would slashdotters feel if somebody started selling a Linux branded cabernet with a picture of Tux on it without permission?

      Most likely? Drunk.

      What's so unpleasant about being drunk?

      Go ask a glass of water.

    13. Re:Tempest in a teapot by camperdave · · Score: 1

      Well, as I was walking through the wine aisle of my local liquour store, I saw a bottle of Ubuntu wine. No Tux logo though.

      --
      When our name is on the back of your car, we're behind you all the way!
    14. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      You ask a glass of water.

    15. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      Ask a glass of water!

    16. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      Who said it was unpleasant?

    17. Re:Tempest in a teapot by Locke2005 · · Score: 1

      Sigh... if you're going to quote Douglas Adams, at least quote him correctly:
      Ford: "It's unpleasantly like being drunk."
      Arthur: "What's so unpleasant about being drunk?"
      Ford: "You ask a glass of water."
      --Hitchhiker's Guide to the Galaxy, Chapter 6

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    18. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      What's so unpleasant about being drunk?

      Ask a glass of water.

    19. Re:Tempest in a teapot by forkazoo · · Score: 1

      What's so unpleasant about being drunk?

      For the love of FSM, don't ask a glass of water! ( I just like to be contrary.)

    20. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      It's happened. Kinda...

      A small political party used tux for some signs. And no, it didn't have anything to do, or support, FLOSS. It's just that the president at the time was called a penguin...

    21. Re:Tempest in a teapot by billcopc · · Score: 1

      Someone should register courtzilla.com and point it to Toho.

      --
      -Billco, Fnarg.com
    22. Re:Tempest in a teapot by billcopc · · Score: 1

      How about a wine called WineX ?

      Is Transgaming gonna have to choke a bitch ?

      --
      -Billco, Fnarg.com
    23. Re:Tempest in a teapot by NellieBlyArmy · · Score: 1

      I'm not sure that images that aren't corporate logos are covered by trademark. We're deep into IANAL territory, but I think that such things are properly covered under copyright.

      And as for "It works out quite well," that's pretty subjective. Certainly it works out well for Disney.

    24. Re:Tempest in a teapot by NellieBlyArmy · · Score: 1

      And then I guess Wine will have to choke Transmeta? Let's not get too far into recursive choking schemes.

    25. Re:Tempest in a teapot by lgw · · Score: 1

      Most comic-book superheros are trademarked, as is the term "superhero". I think Kimberly-Clark still owns the trademark on "pop-up". Trademarks are much larger than just logos.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    26. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      Ask a glass of water.......

    27. Re:Tempest in a teapot by bh_doc · · Score: 1

      Ah, depends which version. I'm pretty sure in the TV series the line is simply "Ask a glass of water".

    28. Re:Tempest in a teapot by Tastecicles · · Score: 1

      I read "Windex"...

      Although, given some of the bottles I've tried lately, it wouldn't be far off the mark...

      --
      Operation Guillotine is in effect.
    29. Re:Tempest in a teapot by Tacvek · · Score: 1

      Believe it or not, a few people have occasionally worked on porting WINE to Windows!

      --
      Stylish sheet to fix many problems in Slashdot's D3: https://gist.github.com/801524
    30. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      or aroused?

    31. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      Depends. If you're of tea...

    32. Re:Tempest in a teapot by popmaker · · Score: 1

      Seven people. SEVEN people answered "Ask a glass of water" - and not even simultaneously.

      Seriously guys.

    33. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      What's so unpleasant about being drunk?

      Ask a glass of water

    34. Re:Tempest in a teapot by ion.simon.c · · Score: 1

      A glass of water might know. You should go ask it.

    35. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      Ask a glass of water...

    36. Re:Tempest in a teapot by EMH_Mark3 · · Score: 1

      Ask for a glass of water. ...I don't get it.

      ~

      --
      Burn the land and boil the sea, you can't take the sky from me
    37. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      What's so unpleasant about being drunk?

      ask a glass of water

    38. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      What's so unpleasant about being drunk?

      Ask the glass of water.

    39. Re:Tempest in a teapot by Arker · · Score: 1

      Most likely? Drunk.

      What's so unpleasant about being drunk?

      Ask a glass of water.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    40. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      What's so unpleasant about being drunk?

      Ford: "Ask a glass of water!"

      Arthur: "I'll never be cruel to a Gin&Tonic again"

    41. Re:Tempest in a teapot by DarthVain · · Score: 1

      Actually I had two bottles of wine make me do a double take in the store.

      One I think was called "Little Penguin" a wine from Australia, and another from South Africa called "Ubuntu"...

    42. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      How would slashdotters feel if somebody started selling a Linux branded cabernet with a picture of Tux on it without permission?

      Most likely? Drunk.

      What's so unpleasant about being drunk?

      ask a glass of water.

    43. Re:Tempest in a teapot by Anonymous Coward · · Score: 0

      What's so unpleasant about being drunk?

      You ask a glass of water!

  12. Now the bands name is just.... by bigtoy · · Score: 1

    ...Asshole

    --
    "A sample size of one is really just statistical masturbation."
  13. Pronounciation by EEPROMS · · Score: 1

    and god help you if you pronounce the name wrong....it's GOJIRA you moron!!

    1. Re:Pronounciation by Anonymous Coward · · Score: 0

      But Copyrighted in the USA as Godzilla; which is what this article is about.

  14. crap by Anonymous Coward · · Score: 0

    This guys' site is crap.

    I hope Godzilla eats him alive.

  15. Prior Art by Anonymous Coward · · Score: 0

    Mod Parent +1 Right The court rules in favor of Allosaurus: http://upload.wikimedia.org/wikipedia/commons/9/9f/Allosaurus_in_Baltow_20060916_1500.jpg

  16. Are we surprised? by PCM2 · · Score: 4, Informative

    Just because it's foreign (and maybe a little silly) doesn't mean it's not a high-powered brand. Middle-class American white folks might not realize it, but Ultraman is the third most merchandised character in the world, right after Mickey Mouse and Charlie Brown (and before Superman). And the people who command that kind of market share have lawyers? Color me shocked.

    --
    Breakfast served all day!
    1. Re:Are we surprised? by Like2Byte · · Score: 0

      Just because it's foreign (and maybe a little silly) doesn't mean it's not a high-powered brand. Middle-class American white folks might not realize it, but Ultraman is the third most merchandised character in the world, right after Mickey Mouse and Charlie Brown (and before Superman). And the people who command that kind of market share have lawyers?

      Color me shocked.

      Color you shocked? How about color you racist?

    2. Re:Are we surprised? by Experiment+626 · · Score: 1

      I'm shocked too... that the most merchandised Japanese character isn't Hello Kitty.

    3. Re:Are we surprised? by Anonymous Coward · · Score: 0

      Middle-class American white folks might not realize it,

      As opposed to the middle-class American black, hispanic and asian folk who obviously realize it.

    4. Re:Are we surprised? by Anonymous Coward · · Score: 0

      Dude, he's no racist! He knows who Ultraman is.

      He was just trying to be smart by using two redundant adjectives.

    5. Re:Are we surprised? by Anonymous Coward · · Score: 0

      Now that you mention it, I do see an awful lot of Ultraman stickers on the windows of Asian kids' cars these days.

    6. Re:Are we surprised? by PCM2 · · Score: 1

      Color you shocked? How about color you racist?

      Racist? Are you implying that white Americans buy more merchandising for such characters as Godzilla and Ultraman than Asian Japanese people do? Cuz I think you'll find that's not the case.

      The main reason I phrased it that way, though, is because in my experience, white, middle-class Americans are generally more ignorant about the rest of the world than anybody else on the planet -- hence why the white, middle-class American who wrote this Wired blog would think there's something novel about Toho entertainment lawyers suing people. You'd think a rational person would assume that suing people on behalf of entertainment companies is what entertainment lawyers do. Any rational person might further conclude that a brand that rakes in billions would have more aggressive lawyers than one that doesn't. But this blogger thinks he has a story because he (and half of America) thinks Japanese culture is just kitschy and cute, and he doesn't realize how much money a brand like Godzilla actually commands. If the company was Toyota instead of Toho, this would be a non-article.

      A key passage from the blog:

      Shephard speculates, "If they used Star Wars or Simpsons characters, I guarantee you they would have sought permission. It's surprising how much this character is misused in a variety of contexts, especially by major advertisers."

      --
      Breakfast served all day!
    7. Re:Are we surprised? by lgw · · Score: 1

      is because in my experience, white, middle-class Americans are generally more ignorant about the rest of the world than anybody else on the planet

      And you wonder why people call you racist. Oh, wait, I'm sorry: racists staments by white males are "hate crimes", but racist statements about white males are "tolerance". I get that confused sometimes. Carry on.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    8. Re:Are we surprised? by PCM2 · · Score: 1

      You're the one who wants to call white Americans a "race," dude. I never even used the term. And why you want to bring gender into it is beyond me. I'm merely making a cultural observation. Globally-minded is one thing "mainstream" Americans are not -- but, speaking as an immigrant, I confess to bias. Truth is, "white Americans" is a lot quicker to type than "native-born, native-English-speaking U.S. citizens with no extant ties to other countries, languages, or cultures," but it gets the point across just the same.

      --
      Breakfast served all day!
    9. Re:Are we surprised? by PCM2 · · Score: 1

      It's true, Hello Kitty makes hella money. I can only guess that brands like Ultraman and Godzilla keep selling to boys well into their teenage and young adult years worldwide, while outside Japan Hello Kitty sales drop off dramatically among adolescent and teenage women. The 15-25 year old demographic loves to part with its disposable cash. I don't have figures, but that's my hunch.

      --
      Breakfast served all day!
    10. Re:Are we surprised? by lgw · · Score: 1

      Yup, it get across the "parroting talking points" point quite clearly. A moments reflection would reveal that the number of groups of people who simply cannot care lass about "other countries, languages, or cultures" is quite large. You're merely comparing America with Europe, and declaring Europe to be better. I'm sure that talking point is very popular with your friends.

      --
      Socialism: a lie told by totalitarians and believed by fools.
  17. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  18. Pepsi by tepples · · Score: 5, Informative

    godzilla is decades old. ip law should time out after a decade, at worst

    "Godzilla" is a trademark, and exclusive rights in trademarks are perpetual by design. Should Coca-Cola be allowed to pass its own products off as Pepsi, just because Pepsi has been around since 1903?

    1. Re:Pepsi by Repossessed · · Score: 1

      So it would be allowable for a corporation to trademark peter pan and prevent works containing him long after the copyright expires?

      --
      Liberte, Egalite, Fraternite (TM)
    2. Re:Pepsi by Anonymous Coward · · Score: 0

      Why would they even want to?

    3. Re:Pepsi by Anonymous Coward · · Score: 1, Interesting

      Actually Peter Pan's copyright is owned by a hospital in England. As the wiki describes, it's complicated. http://en.wikipedia.org/wiki/Great_Ormond_Street_Hospital#Peter_Pan_copyright

    4. Re:Pepsi by gilgongo · · Score: 1

      "Godzilla" is a trademark, and exclusive rights in trademarks are perpetual by design. Should Coca-Cola be allowed to pass its own products off as Pepsi, just because Pepsi has been around since 1903?

      Oh, that's easy: the answer is "no" if they are selling the product for money (that would indeed be a clear case of "passing off"), but "yes" if they are not. That's why they're called TRADE marks, because they exist to protect interests in commerce. There are three exceptions under which trademarks can be used: fair use in comparative advertising, in noncommercial use, and in news reporting or commentary.

      So, if I want to make a brown fizzy drink to give away to the kids at my school's fair one Saturday, and I want to call it "Coke," I can and should be allowed to do so as long as I don't make a business out of it. I should also probably make it clear that it's not a product made by Coca-Cola Inc. just to be on the safe side! Needless to say, a lot of lawyers want to say that noncommercial use is a grey area - but they would because they want to justify their fees.

      Of course, I CAN trade using somebody else's mark if I'm in an industry they have not registered their mark in. For example, if you have a furnace, you might like to buy some of my "super coke" to fuel it. No confusion there, no infringement. Drug dealers are also off the hook for the same reason.

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    5. Re:Pepsi by gilgongo · · Score: 2, Informative

      So it would be allowable for a corporation to trademark peter pan and prevent works containing him long after the copyright expires?

      Ah, bad example. Peter Pan is a special case.

      --
      "And the meaning of words; when they cease to function; when will it start worrying you?"
    6. Re:Pepsi by tepples · · Score: 1

      Why would they even want to?

      Coke has made drinks designed to taste more like Pepsi, such as Diet Coke and New Coke (which became "Coke II"). If trademarks expired, Coke could pass off Coke II as Pepsi and Diet Coke as Diet Pepsi, and buyers would become confused as to the origin of the product.

    7. Re:Pepsi by AK+Marc · · Score: 1

      "Godzilla" is a trademark, and exclusive rights in trademarks are perpetual by design.

      A trademark of what? Godzilla is a fabricated mythical creature. It isn't a product. It doesn't endorse products. They have made some products based on Godzilla, but The Godzilla is as trademarkable as Grendel.

      Should Coca-Cola be allowed to pass its own products off as Pepsi, just because Pepsi has been around since 1903?


      There is nothing in the article of someone making a dragon/dinosaur movie and calling it Dogzilla and trying to get away with it. There was nothing in the article about anyone calling anything Godzilla. There was no one making movies at all. It was an article about a trademark being applied to places and things that I would consider impossible to confuse with the Godzilla of the movies or any spinoff of the official Godzilla (and even if it were confusable, I would assert that the word has reached general use to where it isn't trademarkable, much like Pepsi should still hold its trademark in Texas, but Coke wouldn't, as you order soft drinks in Texas with questions like "what kinds of Coke (tm) do you have?" when you are really asking what soft drinks are available).

    8. Re:Pepsi by lgw · · Score: 1

      Diet coke tastes nothing like diet pepsi. You might be thinking of coke 0, or one of the other half-dozen diet colas the company has experimented with.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    9. Re:Pepsi by AmericanInKiev · · Score: 1

      Godzilla would appear to be a variant of the rather theocentric initial syllable.

      I would presume that trademarks which incorporate preexisting social ideas, cannot then be argued to be incorporable.

    10. Re:Pepsi by mabhatter654 · · Score: 1

      exactly, they are specific about what is Godzilla and not suing every 'zilla that's a thrilla. They do release really crappy 'zilla movies every so often and they license merchandise regularly so they are still in business selling the brand. I think the Coke comparison is a good one. Trademark is about identity, and they're using their identity just like Coca-Cola continually updates and markets their identity.

      I still think these Mickey Mouse lawyers need a Keenex and to stop crying over spilled Coke. They should spend time Googling things to do with their kids like Rollerblading or Jet-Skiing.

    11. Re:Pepsi by geekmux · · Score: 1

      "Godzilla" is a trademark, and exclusive rights in trademarks are perpetual by design. Should Coca-Cola be allowed to pass its own products off as Pepsi, just because Pepsi has been around since 1903?

      In this market, I doubt either Pepsi or Coca-Cola would mind if you slapped their ass and called them Sally if it made them profitable at the end of the quarter. Sad, but true...

    12. Re:Pepsi by seeker_1us · · Score: 1

      >

      "Godzilla" is a trademark, and exclusive rights in trademarks are perpetual by design. Should Coca-Cola be allowed to pass its own products off as Pepsi, just because Pepsi has been around since 1903?

      I remember when they gave the Mozilla project crap. According to the reply letter from Mozilla, "Godzilla" is NOT trademarked. "Gojira" is.

    13. Re:Pepsi by tm2b · · Score: 1

      A trademark of what? Godzilla is a fabricated mythical creature. It isn't a product. It doesn't endorse products. They have made some products based on Godzilla, but The Godzilla is as trademarkable as Grendel.

      More like, as trademarkable as Mickey Mouse. Read the link. It discusses the fact that Disney characters are trademarked as well as copyrighted.

      --
      "It is our blasphemy which has made us great, and will sustain us, and which the gods secretly admire in us." - Zelazny
    14. Re:Pepsi by Anonymous Coward · · Score: 0

      Coke doesn't WANT to market as Pepsi either as a product image or in the flavor or formular.

      For one thing, Coke has bigger brand awareness so they don't need pass off anything as Pepsi.

      For the flavor or taste side, modern chemical analysis has given both companies the keys to unlock each other's formulas. Anyone with a little bit of money or time can reverse engineer the secret Coke formula. Hell, there's even Open Cola and others you can make at home with real sugar, even.

      The reason Pepsi doesn't taste like Coke is the same reason Coke doesn't taste like Pepsi: they both think their own product is the better one and they don't actually want to taste the same. The two brands exist in part BECAUSE they are different. Not that different, to be sure, but enough.

      So Coke has absolutely no desire to emulate Pepsi.

      Pepsi on the other hand is a much larger and more diversified company with bigger goals (namely getting every kid in the world to eat snack cakes and chips). They aren't concerned too much about the sugar water competition with Coke. In the end, everybody is eating Pepsi's snacks whether they wash it down with a Coke or a Pepsi. Pepsi still wins.

    15. Re:Pepsi by hey! · · Score: 1

      Well, trademark is not a license to extend copyright claims. "Godzilla" is a character in a movie, and therefore I think any trademark rights have to be narrowly construed.

      For example, suppose that the movie Godzilla is in the public domain. That means you can make derivative works, including, say, an action figure of the star. What would you call that toy? Clearly, it's a Godzilla doll. It's not a "Godzilla brand doll". If the copyright holders were to do the same, they could use "Godzilla" both ways: to identify the thing represented (the character Godzilla) and as a brand (asserting that this product is authentic, that is to say authorized by the creators).

      It's like trying to market "Spicy(tm) Hot Sauce". Since you don't own the word "spicy" as it applies to hot sauces, you can't claim it as a distinguishing mark; it cannot describe your sauce's origin, because it describes an intrinsic property of a sauce. You could call it "Diabolical(tm) Hot Sauce"; you can't own the word "diabolical" in general, but you can own it as applied to sauces. Diabolicalness is not a property of sauces; it is merely suggestive.

      Many of the references to Godzilla I've seen clearly use it in the same way as "diabolical" in my example above, for example to suggest certain qualities of a wine without actually naming them. IANAL, but this feels wrong. Clearly they are using the name in a brand-like way. If the character is under copyright, it seems wrong that others are allowed to use something which is the exclusive intellectual property of somebody else as an identifying mark.

      On the other hand, de facto extension of copyrights by trademark claims feels wrong too, as in quashing the publication of a book about the movie. In that case "Godzilla" describes the subject of a book -- an intrinsic property of any book necessary to understanding its content. A "civil war" book is about the civil war, no matter who it is written by or published. A "Dummies" book isn't about dummies, it is by a certain publisher who uses that mark as suggestive of simplicity and clarity. Any trademark claims by that publisher to books actually about stupid people wouldn't be right.

      Now what seems interesting to me is what happens when a character goes into the public domain. It seems to me reasonable (although this might not be the same as legal) that anybody could use it like any other of the common stock of words when it comes to trademarking. You could make a Godzilla brand wine, for example. However, just as in the case of any other word such uses would have to respect preexisting uses of the word as a brand. I'd posit that if a term like "Godzilla" were protected by copyright, then the copyright holders would be able to establish trademarks with that word exclusively during the copyright term, and after the term those trademarks would be like any other trademark using a common word, neither more nor less.

      In the case of a Godzilla action figure, unlicensed figures would have to be clear they aren't using "Godzilla" as a trademark, and licensed figures would have to be clear that they are.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    16. Re:Pepsi by Repossessed · · Score: 1

      Ugh, I knew it had copyright on it, but not how convoluted it is.

      At any rate, it was either that or Mickey Mouse, and we all know that one will never expire.

      --
      Liberte, Egalite, Fraternite (TM)
  19. Running low on clozapine. by fahrbot-bot · · Score: 1
    From TFA:

    Godzilla, U.S. District Judge Dickran Tevrizian wrote, is "a fanciful, arbitrary word used to describe a fire-breathing, prehistoric, often-schizophrenic dinosaur."

    Perhaps he's just off his meds.

    --
    It must have been something you assimilated. . . .
    1. Re:Running low on clozapine. by MaxwellEdison · · Score: 1

      Reminds me of the ending of Godzilla: 2000. A few of the actors are on a rooftop and the little child asks, "Why does Godzilla always save our city?"
      And the Scientist type replies, "Maybe there's a little Godzilla...in all of us"
      Cue the triumphant music and then cut to Godzilla absolutely wrecking everything as he leaves the city. I may be a little fuzzy on the details, but I will always treasure the absolute absurdity of that ending.

      Godzilla is a registered trademark of Toho Co. Ltd and is used here without consent...please don't sue me.

      --
      -=Bang Bang=-
  20. allow me to rephrase by circletimessquare · · Score: 4, Interesting

    ip law between corporate entities is still sound, and always will be sound

    ip law as applied to civilians, civic organizations, parody, hobbyist websites, etc.: dead

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:allow me to rephrase by Shatrat · · Score: 1, Redundant

      So should I be allowed to bottle my urine and sell it branded Mt. Dew?
      I am a civilian after all.
      You're still over-generalizing.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:allow me to rephrase by khellendros1984 · · Score: 1

      That would make you a business entity. The parent said "corporate entity", but I'm sure they meant "business". Regardless, there are important differences between trademark, copyrights, and patents; there should be separate laws for each. For instance, as long as a company is producing a product, it should have exclusive use of its trademark (i.e. product name, company name, product logo, etc).

      --
      It is pitch black. You are likely to be eaten by a grue.
    3. Re:allow me to rephrase by Ihmhi · · Score: 1

      I've heard the argument that you can't use a name or a derivative thereof in many situations because it would devalue the brand name.

      Would having a site with -zilla in it really ruin Godzilla's building smashing, fire breathing reputation? I doubt it. Now if someone made a shammy called the Shamzilla and it was a piece of junk, then it is certainly undermining the Godzilla name.

      Even so, I think there should be a point where a trademark is recognized to be a part of the popular lexicon, like Xerox.

    4. Re:allow me to rephrase by Anonymous Coward · · Score: 0

      I'm glad you thought up the notion that trademarks could become generic. I wonder where the law would be without the input of visionaries such as yourself.

    5. Re:allow me to rephrase by Anonymous Coward · · Score: 0

      If you sell it you're not a civilian, you're a business.

    6. Re:allow me to rephrase by Anonymous Coward · · Score: 0

      If you're selling something you're a business. Fail.

    7. Re:allow me to rephrase by en.ABCD · · Score: 2, Insightful

      Regardless, there are important differences between trademark, copyrights, and patents; there are separate laws for each.

      There, fixed that for you. (Sorry, I couldn't resist.)

    8. Re:allow me to rephrase by Mr.+Slippery · · Score: 1

      I've heard the argument that you can't use a name or a derivative thereof in many situations because it would devalue the brand name.

      The legitimate purpose of trademark is to protect the consumer by accurately depicting the manufacturer of a good, not to create "value" for "holders" of "brand names".

      No doubt it devalues the brand name Microsoft when I say that Vista sucks donkey balls. That doesn't restrict my right to make such a statement.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    9. Re:allow me to rephrase by genericpoweruser · · Score: 2, Insightful
      That's not what trademark law is for. It was designed to protect consumers from being defrauded by fake goods. To borrow a previous poster's analogy, I wouldn't want to go to the grocery store and buy some Mountain Dew, only to find it's actually bottled urine.

      In your diatribe the only problem (as far as trademark law is concerned) is whether people thought Care-zilla was the same thing as Scare-zilla, and were thus tricked into paying buying into it.

      --
      A fool and his lamb are worth two in the bush.
    10. Re:allow me to rephrase by Anonymous Coward · · Score: 0

      also, trademark, differs from copyrights: if godzilla is copyrighted, derivatives are protected, but if godzilla is a trademark fuckzilla is not covered: trademark are EXTREMELY precise in their definition.

    11. Re:allow me to rephrase by orasio · · Score: 1

      Trademarks usually do not harm all those collectives you named, and some others.
      The big problem is that the "intellectual property" term is working here, not letting us have a good discussion of the issue.

      Trademarks are the name of the thing, and contain its reputation, thus copying the name might harm the reputation. Plus, the public doesn't lose a lot when buying a "large dino" toy, instead of a an unlicensed "godzilla" toy.

      Patents are a different beast, because nowadays they don't help anyone but the patent holder, and they harm lots of people by not letting them use ideas to build things, for a very long time (20 years, usually).

      Copyrights are arguable, but it seems that, at least, they are too long. Here is where loss of culture happens. In my case, I could not learn OS with Bic-Shaw's OS book, because one of them was dead and they would not publish the book anymore (yes, I'm old). Copyrights were to blame for that.

      So, my point is that we should not use that "ip" term, because it hinders our ability to think clearly about all these issues.

    12. Re:allow me to rephrase by wojtalsd · · Score: 0

      Sure, But more likely it would be Corona comming after you rather than Mt. Dew.

    13. Re:allow me to rephrase by geminidomino · · Score: 2, Funny

      Mt Dew (PepsiCo?) would come after him for the name.

      Corona for violating a business method patent.

  21. vs Megalon by opencity · · Score: 4, Interesting

    The weird thing is some of the Godzilla movies have entered the public domain. We used a piece in a TV commercial (years and years ago - think Morris worm) and Toho showed up and said no (or face the wrath of our suitcase baring legions). So we took the actual image of Godzilla out but still used the rays destroying tanks, people running, smoldering buildings and there was no problem. Used it again on MTV a couple of times.

    Someone should do a bootleg Kiss Vs Godzilla for the asshole IP Olympics.

    --
    Physics is like sex: sure, it may give some practical results, but that's not why we do it.
    1. Re:vs Megalon by baKanale · · Score: 2, Informative

      Someone should do a bootleg Kiss Vs Godzilla for the asshole IP Olympics.

      Is this what you're talking about, or is there another version?

  22. in other words by prozaker · · Score: 1

    from the article it seems that popular culture has made godzilla widespread, so people actually believe it's public domain.

    all of the cases listed on the article had either the name godzilla or the picture of godzilla except davezilla and subway

    the guy with the blog prob didn't want to take it to court because he doesn't want to battle it out, all thought I think he would have won, from the looks of the logo, which were a) a shadow of a monster in a similar fashion to dinosaurs and b) the name 'davezilla' and subway was bad too... ok so now, they are just a)paranoid, b)greedy, c)both

    what do ppl think when they hear zilla? and who created the 'zilla'? toho...

    from wikipedia

    Popular Culture

    * The suffix "-zilla", now appended to many words. The enduring popularity of the Godzilla creature has led to "-zilla"'s contemporary usage in neologisms that describe something which is considered to be monstrous, extreme, or out of control, as in: "bridezilla" (for misbehaving brides) or "browzilla" (for large, overgrown eyebrows).

    1. Re:in other words by Anonymous Coward · · Score: 0

      and toho invented the dinosaur too err well so long as it's not purple they're ok.....

  23. Just make a float of him... by gparent · · Score: 1

    float f = (float) godzilla;

    Am I safe now?

    1. Re:Just make a float of him... by Is0m0rph · · Score: 1

      No. Godzilla does not float. Everyone knows that.

    2. Re:Just make a float of him... by techno-vampire · · Score: 1

      Are you sure? I don't think there's enough root beer in the world to make a Godzilla Float.

      --
      Good, inexpensive web hosting
  24. The other kind of Toho... by sethstorm · · Score: 0

    "A Wired blog looks at the real monsters behind Godzilla: his lawyers. Do you think Godzilla is basically a glorified T. Rex? Guess again, as his lawyers have tirelessly argued:

    You decide -- just don't make a float of him or you'll find yourself paying an undisclosed sum to Toho Co. Ltd."

    At least they aren't defending the trademark with curtain fire.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  25. household names by CarpetShark · · Score: 1

    Should Coca-Cola be allowed to pass its own products off as Pepsi, just because Pepsi has been around since 1903?

    Since coke has been marketed so extensively that it's become a household name for cola, coke's trademark use should be revoked (by the society that granted it to them) now, when society needs to use the mark more widely. Especially since, in this case, there's a very similar (and arguably better) product struggling against a larger monopoly, because of that issue.

    1. Re:household names by Anonymous Coward · · Score: 0, Funny

      Since coke has been marketed so extensively that it's become a household name for cola,

      No it's pop

    2. Re:household names by Anonymous Coward · · Score: 0

      Are you guys talking about soda?

    3. Re:household names by Anonymous Coward · · Score: 0

      No it's soda.

    4. Re:household names by Silicon+Jedi · · Score: 2, Interesting

      Dude, are you some kind of hick or something? No blue states use "coke" as a generic for cola. It's *sniff* used for other things.

    5. Re:household names by Sj0 · · Score: 1

      The irony being that historically, [url=http://www.snopes.com/cokelore/cocaine.asp]coca-cola was named after cocaine[/url], because it contained (allegedly non-addictive) parts of the cocaine plant.

      The name being a portmanteau of the two main ingredients, it's funny that they managed to trademark the street name of the same drug it got it's name from.

      --
      It's been a long time.
    6. Re:household names by Randle_Revar · · Score: 1

      No, we are not talking about Sodium carbonate, Sodium bicarbonate, Sodium hydroxide, or Sodium oxide

      We are talking about pop, the fizzy drink.

    7. Re:household names by billcopc · · Score: 1

      I believe you were looking for some lame-ass BBForum.

      Off with you!

      --
      -Billco, Fnarg.com
    8. Re:household names by lgw · · Score: 1

      Ohh, you mean coke! What kind of coke do you want - RC or Mtn Dew?

      --
      Socialism: a lie told by totalitarians and believed by fools.
    9. Re:household names by Sj0 · · Score: 1

      The irony being that historically, coca-cola was named after cocaine, because it contained (allegedly non-addictive) parts of the cocaine plant.

      The name being a portmanteau of the two main ingredients, it's funny that they managed to trademark the street name of the same drug it got it's name from.

      There. Happy?

      It's not my fault the assholes running these sites can't bother to standardize on one markup language for post markup.

      --
      It's been a long time.
    10. Re:household names by mabhatter654 · · Score: 1

      That's why they almost never use "Coke" as a trademark. If you see it in print, every bottle, fountain dispenser, truck, poster, calender, etc has "Coca-Cola" in their classic script with the "dynamic ribbon device" the white-silver twisty ribbon thingy. They went so far as to commission somebody to make a patentable shape for their classic bottle shape and they keep the bottle shape in production so the trademark doesn't slip even a little.

      Another example is McDonald's. Every item that goes out to a customer has some element of trademark or patent to it. They were using much different sandwich wrap than other people. The yellow-red straw is trademarked, the yellow stripped french fry box, the napkins are folded differently, the paper cup sizes were non-standard, and the yellow arch or arches are frickin' sacred.

    11. Re:household names by Randle_Revar · · Score: 1

      Coke? No thanks, I don't do drugs. And, like most humans, I cannot digest Troll food

    12. Re:household names by popmaker · · Score: 1

      I think he means: Everybody here knows that.

      It's true nevertheless, and the cocaine was probably the real reason people originally started drinking so much of it.

    13. Re:household names by CarpetShark · · Score: 1

      Are you some kind of USian or something? ;) I'm in Europe, thanks very much ;)

  26. No, Slashdot, No!!! by Joe+Snipe · · Score: 1, Offtopic

    First you brought out tags which don't want to work properly on my work system (ie 6 forever, I'm afraid). Then you brought out that idle garbage. I even would view it from time to time when I was feeling brave enough to venture into that coding travesty. But now you have decided to change my personal info page into a similar css nightmare of green and green! WTF!?! Have you grown tired of pleasing your users? Are you hoping less people will look at someones journal? This is the lamest thing I have seen in a long time...

    --
    Sometimes, life itself is sarcasm...
    1. Re:No, Slashdot, No!!! by Tablizer · · Score: 1

      Agreed! I'm beginning to think that plane-jane HTML is better than CSS. Less weird overlaps and ghosty panels.

      Fight on, bro! Mod this b8stard up to godzillion!
               

    2. Re:No, Slashdot, No!!! by Anonymous Coward · · Score: 0

      (ie 6 forever, I'm afraid)

      For the good of the Web this piece of junk needs to be dropped.

      Sorry if that offends your IT weasels and their PHB, but they need to get with the times, tell them to roll out Firefox or Opera, even IE7 would be an improvement.

      Slashdot isn't the first site to drop support for IE6, plus most Web developers I know are delighting at the thought of dumping support for it. You need to get your IT weasels to wake up to that fact, it's not Slashdot's fault: it's yours for being so far behind the times.

    3. Re:No, Slashdot, No!!! by Joe+Snipe · · Score: 1

      Unfortunately I work in finance, notoriously slow moving in the tech dept, and since we just blew millions of dollars on "new" software designed to be integrated around ie 6 and java I don't see us updating anything anytime soon. Besides it isn't the IT's priority to make sure I can correctly view the web. It's just not a battle that anyone is willing to fight.

      None of this changes the fact that the new css is ugly hard to read uselessly over managed and buggy.

      --
      Sometimes, life itself is sarcasm...
    4. Re:No, Slashdot, No!!! by ShinmaWa · · Score: 1

      don't want to work properly on my work system (ie 6 forever, I'm afraid)

      It's all part of The Master Plan(tm). The tags don't work properly at your job, so that maybe you will.

      --
      The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
    5. Re:No, Slashdot, No!!! by Anonymous Coward · · Score: 0

      ie6 forever? And you're on slashdot? I think ie6 forever (or at all?) means you are not a nerd and thus should spend your time elsewhere.

    6. Re:No, Slashdot, No!!! by spinkham · · Score: 1

      Solution 1: Install Firefox or Opera.
      Solution 2: If you're not allowed to do that, you're also not supposed to be surfing Slashdot at work. Stop.

      --
      Blessed are the pessimists, for they have made backups.
    7. Re:No, Slashdot, No!!! by oGMo · · Score: 2, Informative

      (ie 6 forever, I'm afraid)

      I'm afraid that at this point I stopped caring about your opinion...

      --

      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    8. Re:No, Slashdot, No!!! by pavon · · Score: 1

      You know, I'm looking at this in Konquerer and it looks like complete shit there as well. Even when viewing it the way it was "intended" to be seen in Firefox, it is still a horrible design. I've been largely positive about the recent redesigns here at slashdot. I really like the new discussion system, and the new front page has some nice aspects even if the tagging is very rough and the have been regressions on article abbreviations.

      But I cannot find a single redeeming property of this new personal page. It defaults to showing the least interesting information (which stories I've voted up or down) and other things take longer to find. The summary boxes on the right serve no useful purpose, and their existence requires me to use a wider browser window to prevent the useful information from being covered up. Why are journals no longer on the personal page? The last comment shown white on green is absolutely hideous not to mention pointless - I know what I wrote I don't need to see that, I'd like to see replies and moderation done to it. I'd rather they spend their time improving the beta index, then destroying the user profile.

    9. Re:No, Slashdot, No!!! by Blakey+Rat · · Score: 1

      Take a look at all the screenshots I've submitted as Slashdot bugs over the last year or so:

      http://schend.net/images/index.php?path=screenshots%2Fslashdot/

      (Here's the current one for the User page: http://schend.net/images/screenshots/slashdot/slashdot_user_template.png )

      Needless-to-say, none of my bugs have ever been resolved. In fact, most of the time they're not even read. Think about it: someone actually received cash-money in exchange for making that horrible template. It makes you want to weep.

    10. Re:No, Slashdot, No!!! by Anonymous Coward · · Score: 0

      Yes, the new user page must die

    11. Re:No, Slashdot, No!!! by mabinogi · · Score: 1

      No, the lamest thing they've done is obliterate the index page.
      Apparently so few people were reading the summaries that they figured no one would notices if they removed them entirely.

      The new index page was iffy enough as it was before that...

      --
      Advanced users are users too!
    12. Re:No, Slashdot, No!!! by Joe+Snipe · · Score: 1

      You are a tool. Your black and white "solutions" are of little use in the real world. Stop.

      --
      Sometimes, life itself is sarcasm...
    13. Re:No, Slashdot, No!!! by Joe+Snipe · · Score: 1

      Lern 2 reed. It looks like crap on konqueror and firefox as well. And my point was not that a large portion of the workforce is stuck with ie6 like I am, it was that the new template for slashdot is hideously ugly, and buggy. Begone, coward!

      --
      Sometimes, life itself is sarcasm...
    14. Re:No, Slashdot, No!!! by Joe+Snipe · · Score: 1

      No worries; I never cared about yours.

      --
      Sometimes, life itself is sarcasm...
    15. Re:No, Slashdot, No!!! by Anonymous Coward · · Score: 0

      uh, lern 2 spel.
      Also, did you do a survey and find out that a majority of /. users are also stuck on ie6 like you are? If not, then your problem is relevant only to you, why presume you speak for many?

      My point was (since I was too subtle at first apparently:
      if you can't install FF on your own at work, you should not be here. If you can't bypass their attempts to stop you, you should not be here. Get it? You are not savvy enough to be here. Go spend time at websites where you are not the most clueless guy in the forum. You'll like it better there, it will give you a feeling of competence.

    16. Re:No, Slashdot, No!!! by Anonymous Coward · · Score: 0

      None of this changes the fact that the new css is ugly hard to read uselessly over managed and buggy.

      Well, quite. There are two problems here, of course. The first is that IE6 sucks and the entire Web will soon be dumping it like a dead BSD category. Secondly, there's the issue that Slashdot's design sucks arse, well it's been sucking arse for many years now, and I don't see anything changing in the near future.

      Anyway, shit design is good. It deters the Mactards, and still works well for those of use who read Slashdot using Telnet.

    17. Re:No, Slashdot, No!!! by Joe+Snipe · · Score: 1

      You're an idiot.

      --
      Sometimes, life itself is sarcasm...
  27. Unvelievable by home-electro.com · · Score: 1

    I can't believe people spend their lives doing this stuff, i.e. searching and fighting "abuse of character".

    It is sad, get a life people. Do something productive.

  28. Minds me of the time... by jd · · Score: 1

    ...Dexter got hauled off by Major Glory to see his lawyers for IP infringement.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  29. Do it real by Tablizer · · Score: 1

    Simple, just change your monster to a T-Rex that fits a textbook on dinos. (However, you may get sued by Spielberg instead :-P

  30. WB didn't know? by CaptainCarrot · · Score: 1

    From TFA:

    Warner Bros., for example, didn't know it needed Toho's permission to use Godzilla in a 1985 chase scene in Tim Burton's Pee Wee's Big Adventure. The Hollywood studio paid an undisclosed amount to Toho after it was sued.

    They may have been able to convince a judge of this and so been able to merely pay out some cash and still release the film, but I don't believe it for a second. No MPAA member, particularly not one that owns the rights to Bugs Bunny, can be ignorant of IP rights associated with a fictional character. Lying sacks of shit.

    --
    And the brethren went away edified.
  31. Just plain wrong by Anonymous Coward · · Score: 0

    "And the court set aside Morrow's assertions that the name Godzilla, which is a combination of two Japanese words for gorilla and whale, didn't deserve protection because it did not have any real meaning."

    No. No it is not. The Japanese cannot even pronounce l, more or less use it in a word. I'm surprised no one has called BS on this.

    1. Re:Just plain wrong by techno-vampire · · Score: 1

      I find that hard to believe, considering the existence of Mt. Fuji.

      --
      Good, inexpensive web hosting
  32. Goldmember by MacColossus · · Score: 1

    I love this scene from the movie Goldmember. Complete parody of the topic of this thread. http://www.youtube.com/watch?v=IEJm0uIVwUc

  33. SimCity by doti · · Score: 1

    Funny they don't mention the game.

    http://en.wikipedia.org/wiki/SimCity#Scenarios

    --
    factor 966971: 966971
  34. Irony by PatTheGreat · · Score: 1

    This is kinda funny, because Godzilla was at first a warning against big ole' American things like nukes. So now we need a monster movie warning against big ole' American things like oppressive IP law.

    --
    Google: "All your data are belong to us."
  35. Equally stupid by Moryath · · Score: 4, Insightful

    Equally stupid is the following "argument":

    If you want to get a rise out of the soft-spoken Moss, ask him something like, "Isn't Godzilla just an overgrown Tyrannosaurus rex?"

    "He's erect-standing. He's got muscular arms, scaly skin and spines on back and tail and he breathes fire and has a furrowed brow," Moss says, repeating arguments Toho often makes in its lawsuits. "He's got an anthropomorphic torso. The T. rex has emaciated bird-like arms and stands at a 45-degree angle."

    Actually, at the time he was conceived, about every image on the planet including a T-Rex showed it:
    - Standing erect (they had to break the tailbone structure to do this, but they were convinced they were right because "it's a lizard, it has to drag its tail."
    - With significantly larger arms (though not quite as big as Gojira's).

    Take a look and compare Gojira to the T-Rex from the 1933 version of King Kong , or to any other movie featuring dinosaurs up until the late '80s. What do you get? You get a "Rex" standing upright on its hind legs, walking forward, dragging its tail.

    The only reason Gojira has human-ish arms is that they were putting a rubber suit on a fucking human to get the effects.

    This is a joke. Gojira is, in fact, just a mutated oversized Rex. They gave him fire breath because the Japanese, like most Asian cultures, have a dragon obsession and fire breath is cool.

    1. Re:Equally stupid by brokeninside · · Score: 1

      As early as King Kong vs. Godzilla, if not earlier, Godzilla has been described as a cross between T-Rex and a Stegosaurus. T-Rexes, even if they stand upright, don't have plates along their spines. It's pretty clear that Godzilla was not exclusively patterned after a Tyrannosaur.

    2. Re:Equally stupid by mrt_2394871 · · Score: 3, Funny

      [...] have a dragon obsession and fire breath is cool.

      I'm fairly sure that's not the case.

  36. Austin Powers by Anonymous Coward · · Score: 1, Funny

    This makes the it looks just like godzilla (but it's not) bit in Austin Powers way more funny. Anybody know if they had to get a license on the image to do that?

  37. 45-degree angle by Randle_Revar · · Score: 2, Informative

    >'The T. rex has emaciated bird-like arms and stands at a 45-degree angle.'
    >45-degree angle

    Someone has been reading really old paleontology material, or has been reading really bad children's books. Also, they apparently never saw Jurassic Park.

    1. Re:45-degree angle by MadMidnightBomber · · Score: 1

      To be fair, they never said 45-degree angle to what.

      --
      "It doesn't cost enough, and it makes too much sense."
  38. Did that guy really dump the wine?? by ZosX · · Score: 1

    I mean its not like wine goes bad fast or anything....couldn't he have simply just relabeled the bottles without a picture of godzilla and gee, give %5 of the take to ip holders? Maybe he should have sent a couple of bottles to japan.

  39. exactly by circletimessquare · · Score: 1

    prior art:

    thousands of years of asian fire breathing dragon myth

    trademark nullified

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:exactly by Anonymous Coward · · Score: 0

      Comments like this restore my faith in the Slashdot community. Your knowledge is a beacon to the unenlightened, shining through a dark universe.

    2. Re:exactly by dakameleon · · Score: 1

      prior art:

      thousands of years of asian fire breathing dragon myth

      trademark nullified

      It's not a patent. Or copyright. It's a trademark - a unique identifier used by a business to sell products. Appropriating cultural themes and packaging them for sale sounds to me like enough to warrant trademark, as long as you make the mark your own.

      I'm going on wiki here (sorry), but it has the following to say about register-ability:

      In most systems, a trademark will be registrable if it is able to distinguish the goods or services of a party, will not confuse consumers about the relationship between one party and another, and will not otherwise deceive consumers with respect to the qualities of the product.

      Toho here would be contending that Godzilla is distinct enough to be a trademark - and presumably Mozilla is distinct in its own right such that they anticipate a challenge falling through.

      Interestingly though, wiki also mentions maintaining rights -

      Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions.

      Hmm, when was the last Godzilla movie? :)

      --
      Man who leaps off cliff jumps to conclusion.
  40. makes me wonder?? by TRRosen · · Score: 1

    Did these guys send a cease and desist to Subway? They replaced giant monster lizard in there five dollar footlong commercials quite suddenly with a really dorky robot.

  41. Re:Peter Pan by pugugly · · Score: 1

    What the hell is a 'right to royalties in perpetuity'?

    Am I reading the Wiki right? What idiot thought setting a precedent where someone can receive royalties after the copyright expired was a good idea?

    Pug

    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  42. Re:Peter Pan by pugugly · · Score: 2, Interesting
    --
    An Invisible Entity of Vast Power whose existence must be taken on faith alone: Liberal Media
  43. At one time by Jane+Q.+Public · · Score: 1

    patents and copyrights both lasted 17 years. I think that is plenty. (The number was a compromise between 15 and 20 years.)

    1. Re:At one time by Anonymous Coward · · Score: 1, Funny

      hi jane q public, do you know by any chances joe b. plumber?

    2. Re:At one time by TheLink · · Score: 1

      In fact if the assumption is the pace of technology and speed of distribution + communication have increased dramatically over the years, the monopoly lengths should actually _decrease_, for the same amount of "encouragement of innovation/creation".

      But "strangely" enough they have been increasing instead.

      --
  44. Godzilla, the Gorilla Whale. by blankoboy · · Score: 4, Interesting

    Just for reference, the name "Gojira" (the actual Japanese name for Godzilla) was derived from combining the Japanese words for Gorilla (gorira) and Whale (kujira). It would have been hilarious if Godzilla's inventor had envisioned the actual beast to be a mix of the two creatures.

  45. Pepsi Cola by bill_mcgonigle · · Score: 1

    Should Coca-Cola be allowed to pass its own products off as Pepsi, just because Pepsi has been around since 1903?

    Should Pepsi be allowed to call its product Pepsi-Cola? That's the relevant argument. Err, I mean PepsiZilla.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  46. 14 Years by bill_mcgonigle · · Score: 1

    1. godzilla is decades old. ip law should time out after a decade, at worst

    How about we just reset to 14 years as it was originally? That seems like a reasonable compromise and has sound legal precedent.

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  47. Loophole by DontPanic6x9 · · Score: 1

    A loophole to get around Toho's lawsuits and profit: Insist that it's Reptar.

  48. Godzilla Statue in Tokyo by ThinkPad760 · · Score: 2, Informative

    for those interested. The Godzilla statue is located in Hibiya, Tokyo. Directly infront of the original Toho theater. Now known as the Toho Hibiya Building. (the orange building under the cross. The indicator is the location of the statue)
    http://map.yahoo.co.jp/pl?type=scroll&lat=35.67029086&lon=139.76332388&sc=2&mode=map&pointer=on

  49. Ask a glass of water by Anonymous Coward · · Score: 0

    No, seriously, ask a glass of water

  50. Muscular arms and anthropomorphic? Hmmm.... by macraig · · Score: 1

    I can dismember their claims in one fell swoop: the reason Godzilla looks that way and not exactly like a T. rex or cousin is simply because it was a T. Rex costume adapted for a man to wear in front of the cameras.

    This is demonstrative why decent folks hate both lawyers and so-called intellectual property.

  51. Oh, no, they say he's got to go.... by Dachannien · · Score: 1

    History shows again and again how lawyers point out the folly of men....

    Godzilla!

  52. Save the corporate profits! by all_the_names_are_ta · · Score: 1

    Defending this trademark is important. Without profit, the incentive for companies to develop new giant fire-breathing dinosaurs would diminish and society would fall apart.

  53. Can someone remind Roland Emmerich? by iainl · · Score: 1

    So, you can tell something isn't Gozilla if it stands at a 45-degree stance, instead of upright?

    Is this a lawsuit, or a belated excuse to have another whine about how unfaithful Emmerich and Devlin's version was?

    --
    "I Know You Are But What Am I?"
  54. Trademarking part of a word by tepples · · Score: 1

    if godzilla is copyrighted, derivatives are protected, but if godzilla is a trademark fuckzilla is not covered: trademark are EXTREMELY precise in their definition.

    As I understand it, a trademark on "FOR DUMMIES" for books would cover "Evil Geniuses for Dummies", making O'Reilly use "in a Nutshell" instead for its User Friendly book. McDonald's trademark on "MC" for food would cover "McTurkey" or "McFDA" or whatever. If Toho owns "ZILLA" for filmed entertainment and/or other media, it might cover fuckzilla.

  55. Oh, crap... by joedoc · · Score: 1

    I guess that means someone, somewhere is going to try to sue this guy.

    --
    Joe Dougherty, Florida, USA
    The words I thought I brought, I left behind. So, never mind.
  56. Sounds like a case for Perry Mason by Anonymous Coward · · Score: 0
  57. parody by sorak · · Score: 1

    Isn't davezilla's site an example of parody? Also, IANAL, but isn't it legal to infringe on a copyright or a trademark for parody reasons?

    For that matter, most advertisements that use Godzilla do so ironically. None of them are saying "eat at subway, we're cool like godzilla" or "shop at crazy larry's. We're Godzilla endorsed!". So, couldn't most of them be considered parody?

  58. Godzilla v Codezilla (firebreather trumps coder) by phaggood · · Score: 1

    I've recently received my own cease and desist from the lizard's lawyers for my very low traffic blog on (codezilla) which used to have as its logo some Godzilla fan art. Not interested in fighting "the Man" (even if he is wearing a rubber monster suit) I replaced it with a Mr-Rogers-as-T-Rex image I got from Creative Commons.

    When the community-supplied content overwhelms all the protected stuff I think our current trademark problems will become moot.

  59. They don't blur out porn by Anonymous Coward · · Score: 0

    They blur out genitals.

  60. Dastar v. Fox in US; Anne of Green Gables in CA by tepples · · Score: 1

    For example, suppose that the movie Godzilla is in the public domain. That means you can make derivative works, including, say, an action figure of the star. What would you call that toy? Clearly, it's a Godzilla doll. It's not a "Godzilla brand doll". If the copyright holders were to do the same, they could use "Godzilla" both ways: to identify the thing represented (the character Godzilla) and as a brand (asserting that this product is authentic, that is to say authorized by the creators).

    This line of reasoning might fly in the United States ( Dastar v. Fox ) but not in Canada. "ANNE OF GREEN GABLES" is a trademark jointly owned by a Canadian province and the author's estate.

  61. This may not be relavent but by Timberwolf0122 · · Score: 1

    Crow: did you know Gamera is friend to children?

    Tom:Ah ha! Yes, he is really neat, he is made of turtle meat.

    Good by karma

    --
    In the not too distant future, next Sunday A.D.
  62. In other news... by Anonymous Coward · · Score: 0

    Vatican sues Toho for blasphemy

  63. take no tea by Tetsujin · · Score: 1

    Sigh... if you're going to quote Douglas Adams, at least quote him correctly:

    Arthur: "What's so unpleasant about being drunk?"

    --Hitchhiker's Guide to the Galaxy, Chapter 6

    Maybe I'm a little thick-headed, but I'm pretty sure I got it right. I wrote:

    "What's so unpleasant about being drunk?"

    You wrote:

    Arthur: "What's so unpleasant about being drunk?"

    Looks like an exact match to me...

    --
    Bow-ties are cool.
  64. Haha by Jane+Q.+Public · · Score: 1

    That was pretty good. (Reply to low-scored poster.)

  65. Bird like arms? by SmithKrieg · · Score: 1

    OP: "The T. rex has emaciated bird-like arms..." Birds don't have arms, bro.

  66. What about Ultraman? by 517714 · · Score: 1

    Didn't Urtraman's use of simirar monsters dilute the iterrectuar capitar to the point where it is no ronger inforceabre?

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  67. The other kind of To[u]ho[u]. by sethstorm · · Score: 1

    "A Wired blog looks at the real monsters behind Godzilla: his lawyers. Do you think Godzilla is basically a glorified T. Rex? Guess again, as his lawyers have tirelessly argued:

    You decide -- just don't make a float of him or you'll find yourself paying an undisclosed sum to Toho Co. Ltd."

    At least they aren't defending the trademark with curtain fire.

    This is not overrated.

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