WWD reports on a cause of action for copyright infringement suit filed against Nike by the Van Halen rocker’s company, ELVH Inc.
“ELVH alleges that the design of certain Nike Dunk Low styles infringe on the copyright the company holds for the red-white-and-black-striped pattern Van Halen made famous on his “Frankenstein” guitar — and for which the musician has held the copyright since 2001.
Citing “irreparable harm and damage,” ELVH is asking for the impoundment and destruction of all the shoes in question, as well as all profits from the sale of the shoes and damages.
In a statement provided to FN by a brand spokesperson, Nike said it was aware of the lawsuit but did not believe it to have merit. “Based on the information provided to us, we have not infringed on any rights held by Mr. Van Halen,” it said. “Nike’s Dunk shoe design is not substantially similar to any of the Van Halen designs, and Nike has not referenced the ‘Van Halen’ name or image as part of any marketing campaign or promotional material associated with the shoe.”
It will be interesting to see who comes out on top in this dispute. What do you think?
Related posts:
»
Reebok files Lawsuit against Nike»
Nike Dunk Low Premium SB “Mosquito”»
Nike Pantone Mix Pack»
Weekly Drop 036 – Rick Klotz from Freshjive»
Nike ACG 20th Anniversary Trail Mix Pack
THESE ARE HOT IMMA COP THESE TO MATCH MY RUN DC SHIRT!!!!!!
As a trademark lawyer for a guitar company, I can say without question that the lawsuit is a joke. Besides, Mr. Van Halen\\\’s reputation within the guitar industry is not exactly perfect, and i am not surprised he would file such a frivolous suit.
I think that the good ol Van Halen boys are stretching a bit.
those do look really similar to the pattern on his guitar. if he was smart he\\\’d try and brand with them on them. these are hot!
I would generally agree there\\\’s not much of a TM case, but there may be something with copyright infringement.
I didn\\\’t look at the complaint yet, but if there is a copyright claim, there could be a case for copyright infringement. Certainly past the motion to dismiss stage – assuming there is a copyright registration listed in the complaint. In the Third Circuit, a Federal Judge could throw the copyright claim out for lack of a registration / pending copyright application. I believe the case everyone uses is Gee v. CBS Also, no chance at attorneys fees or statutory damages as allowed by the copyright act\\\’s damages provisions without a copyright registration in place.
I\\\’m assuming the design falls under the Copyright Act of 1976. If the original author of the pattern created the work earlier than 78 or so, the earlier Copyright Act may apply. Even if a copyright registration was filed when the work was created / published, another question is whether the copyright registration was renewed. I\\\’m pretty sure works under the 1976 act must be renewed first after 28 years, then 46 years. Google Copyright Circular 15 for the copyright office\\\’s write up on it.
Another copyright issue is whether VH is the owner / assignee of the work. It could be that no assignment exists – and no work for hire agreement exists. Therefore, VH may not be the \\
One more thing. Log onto the US trademark office website and search for trademarks owned by VANS. They own a trademark for the waffle sole design. The bottom of the shoe! (How do I know this?) Unlike copyrights, no trademark registration is needed to initiate a federal suit for trademark infringement. So, if VH is using that design on footwear, the trademark case gets more solid.
I think Nike\’s got a lot more money to spend on lawyers than van halen.
Nike should counter-claim (on behalf of Converse) for copyright infringement of the Chuck Taylor. They have a MUCH better claim than Eddie Van Halen does. This whole case is a publicity stunt to get some shine for EVH\’s own sneaker line.
http://www.wwd.com/footwear-news/eddie-van-halen-launches-sneaker-line-2105442?module=more_on#/slideshow/article/2105442/2105443
These stupid old dinosaurs own copyrights to some bizarre things. Like Gene Simmons copyrighted the dollar bag for his own clothing line and sues anyone that draws the dollar bag. All these guys can do is things like this and guitar hero for money because they are getting to an age where they can\’t physically play on stage and no one is buying cd\’s anymore.