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Lions Gate sues to protect their famous catchphrase 'trademark' |
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Written by Felix Da Silva (fdasilva@bitnip.com)
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Monday, 10 September 2007 |
 Lions Gate Entertainment, the independent film producer and distributor of the movie Dirty Dancing, has filed a suit against New York City-based baby
clothing manufacturer Urban Smalls and 14 other companies for selling
merchandise that features the catchphrase, claiming they're infringing the
Dirty Dancing trademark.
"Nobody puts Baby in a corner," snarls Patrick Swayze, as he hauls Jennifer Grey
onto the dance floor in the climactic scene of the 1987 cult classic Dirty
Dancing.
For there to be a trademark infringement, there needs to be a trademark first. This seems a bit silly as a trademark's main function is the indication of origin or even an indication of quality. How does a catchphrase from a movie become a 'trademark'? Does anyone buy the movie because of that mark? I doubt that. Direct trademark infringement won't probably work here.
Perhaps passing off might be possible if they can establish there is a confusion by the relevant consumer, there is a goodwill to that phrase and a likelihood of damage has been caused to Lion Gates films. This is also very tough to establish as well.
I don't see why Lions Gate will spend the money to sue these baby clothing manufactures. Perhaps they are trying to get into the baby clothing market? I guess their lawyers are tired of copyright infringement cases and they wanted some trademark fun.
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