I hate this cry baby: Durant sued over the name "Durantula!"

[t-rex]

Do you understand what a trademark is?

Yup, I sure do. (And I understand that legally he has a case.) I just wish the system had some common sense.

I'm sure its just a coincidence the lawsuit is occurring right now.

[NumberSix]

Yup, I sure do. (And I understand that legally he has a case.) I just wish the system had some common sense.

I'm sure its just a coincidence the lawsuit is occurring right now.

Add to it that "Durantula" isn't even a real word. If it was just a generic word like "snake", that would be one thing, but when you specifically trademark a word like "Durantula" that only exists in that it's listed as a trademarked IP, there's no wiggle room.

It's his. You can't use it. If you do, you gotta pay.

[t-rex]

Add to it that "Durantula" isn't even a real word. If it was just a generic word like "snake", that would be one thing, but when you specifically trademark a word like "Durantula" that only exists in that it's listed as a trademarked IP, there's no wiggle room.

It's his. You can't use it. If you do, you gotta pay.

Are surprised a company like Adidas didn't look into this first? I think that no-name guitarist is going to get one heck of a payday.

[Real Men Wear Green]

Durante has the basis for a case, and a court order could be issued preventing Durant and Nike from using that nickname without coming to some agreement with Durante. I just don't see how it can be proven that they're making money off of Durante's "fame," so if money is awarded for past damages it shouldn't be much. I am a little reminded of when Diamond Dallas Page sued Jay-Z over the "rock" hand symbol.

[04mzwach]

I guess if he has a federal trademark, the guy might have a case. I couldn't find any merchandise other than this here. He must be strapped for cash though. Nike lawyers should find a settlement they can agree on. They've got enough money, obviously.

http://epic.nikemedia.com/player_durant.php

Pretty crazy though. The nickname is plastered across a lot of shirts that aren't Nike.

[IGOTGAME]

Are surprised a company like Adidas didn't look into this first? I think that no-name guitarist is going to get one heck of a payday.

here is a good article on the matter...

Oklahoma City Thunder star Kevin Durant was undoubtedly spending Thursday preparing for the tip-off in Game 5 of the NBA Finals, which his team must win to stay alive against the Miami Heat. But his lawyers are most likely reviewing a new trademark suit filed against Durant and Nike by a guitarist who's been known on stage as "Durantula" since the 1980s, a persona he officially trademarked in 2010. Sometimes, however, the law is a cruel game, and the original Durantula could end up not protecting his mark -- but losing it.

The suit, filed Wednesday in federal court in Chicago, claims that Durant, Nike and another of Durant's sponsors -- the memorabilia company Panini America -- are unfairly infringing musician Mark Durante's trademark DURANTULA by using that nickname on items like basketballs and photographs and in shoe campaigns, including one that features a cartoon superhero named Durantula. (The commercial also depicts a cartoon "Sir Charles" Barkley in a crown and purple-and-gold Santa-like suit.)

Durante, according to the complaint, is a long-time Chicago musician who has been a member of such well-known bands as Public Enemy. He has released albums under the name Durantula and has maintained the website durantula.com for more than 10 years. Durante has asserted rights to a "common law mark" on Durantula in connection with music, recordings, apparel, T-shirts and related merchandise, as well as a "registered mark" on music, ringtones, sound recordings and the like.

Though the complaint, filed by Durante's lawyers at Drinker, Biddle & Reath, leaves little doubt that Durante has been using the moniker for decades, his suit is no slam dunk. For starters, it might be difficult to show that anyone would confuse a 23-year-old basketball phenom with a middle-aged rocker, especially since Durante's officially registered mark is for uses related to music and accompanying promotional items. Even if a mark itself is identical, there is still a question of whether consumers will actually be confused, said intellectual property litigator Joseph Gioconda of the Gioconda Law Group.

To prove there is confusion, Gioconda said, Durante is likely to rely on the theory known as reverse confusion, asserting that the "second comer," Durant, has become so popular that his use dwarfs that of the "senior user," Durante. In other words, the "confusion" stems from people believing that the older and less-known guitarist is ripping off the younger sports superstar.

The origin of the nickname for Durant may be a key to the case. According to the complaint, when Durant's representatives were notified of the alleged infringement on several occasions, they said that Durant had never used Durantula as a nickname or authorized any company or media outlet to use it. Even though that would seem to contradict the fact that Durant's sponsors are using Durantula and they are paying him, his representatives' responses could give some insight into their defense of the suit, said trademark expert Harley Lewin of McCarter & English. Durant may be able to assert that the nickname really developed organically from wide use by fans and commentators and took on a public life of its own. That could support an argument that "Durantula" has passed into the public domain, so Durante's mark should be canceled, Lewin said. In other words, if Nike started using it after it was already widely used by the public, no harm, no foul.

This isn't the first basketball-and-nickname legal story of the year. New York Knicks player Jeremy Lin got a crash course in the importance of trademark when his streak of brilliance resulted in local tabloids going Linsane for Linsanity. (Our Reuters colleague Carlyn Kolker took a fun look at whether Carlynsanity was a trademark opportunity for her.) Lin eventually filed to trademark "Linsanity" -- we'll have to see if Kevin "Durantula" Durant does the same.

But first he's got a game to play.

We reached out to Panini and Kevin Durant's agent at Landmark Sports Agency, but did not hear back. Drinker Biddle also did not immediately comment. Nike declined to comment.

(Reporting by Erin Geiger Smith)

[t-rex]

here is a good article on the matter...

Outstanding read. Thank you for the insight. This was a very good contribution. Its good see Durant has a legit legal chance to shut this ridiculous lawsuit down.

[NumberSix]

Lol @ this lawyer trying to claim public domain just because it is widely used by the public. Lol. How dumb can you be?

The Happy Birthday song is widely used by the public, but that doesn't make it public domain. You still have to pay royalties if you use it in a broadcast or any promotional material.

This guy is reaching.

[t-rex]

Lol @ this lawyer trying to claim public domain just because it is widely used by the public. Lol. How dumb can you be?

The Happy Birthday song is widely used by the public, but that doesn't make it public domain. You still have to pay royalties if you use it in a broadcast or any promotional material.

This guy is reaching.

So if they look back over all of the NBA games that have been on TV, if any announcer has said the word "durantual" can he sue ABC, TNT, ESPN etc. for copyright infringement?

Or is this proof that the word is a part of the public domain? If 10,000 people in OKC are chanting "durantula," how many have ever heard of this guitarist? Doesn't that strengthen the public domain argument?

Just asking?

[NumberSix]

So if they look back over all of the NBA games that have been on TV, if any announcer has said the word "durantual" can he sue ABC, TNT, ESPN etc. for copyright infringement?

No.

I'm not Jay-z and I don't own any rights to the "Jay-Z" name, but I can say it as much as I want. What I can't do is use it in promotional materials or merchandise.

Or is this proof that the word is a part of the public domain? If 10,000 people in OKC are chanting "durantula," how many have ever heard of this guitarist? Doesn't that strengthen the public domain argument?

No. IP laws don't only apply due to popularity.

1 billion people in a boxing arena can scream "Let's get ready to rumble" all they want. That doesn't make it public domain.

[t-rex]

No.

I'm not Jay-z and I don't own any rights to the "Jay-Z" name, but I can say it as much as I want. What I can't do is use it in promotional materials or merchandise.


No. IP laws don't only apply due to popularity.

1 billion people in a boxing arena can scream "Let's get ready to rumble" all they want. That doesn't make it public domain.

Thanks!

[B]

He has the shit trademarked. If you don't wanna get sued, don't use his shit.

This is correct. Durant's agent and Nike dropped the ball on this.