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MORE FUN WITH LAWYERS
By Greg L | 1 August 2006 | Blogs | 29 Comments
Last evening I got home and found a letter from a California law firm which apparently represents the estate of Bruce Lee and wants a major overhaul of this site. Since these folks can actually spell, I don’t plan on making any snippy remarks in response to their letter. And although I’m not as big a Bruce Lee fan as BVBL himself was, I really don’t want to do anything that would harm his estate or his family and am interested in an amicable resolution of any issues just because it’s the right thing to do.
Although this annoyance will require some changes (shall I become “Not Black Velvet Bruce Lee”?) in order to satisfy the requirements of trademark law and make good with these folks, this will not affect your ability to visit BVBL. If your site links to the prior incarnation of BVBL over at blogspot though, I’d suggest you move those links to this site as those now duplicative posts will be taken down shortly.
I can’t imagine that the Bruce Lee estate happened upon this minor corner of the political blogosphere by themselves, and have a very good idea who it was that attempted to make my life marginally more interesting by bringing this to the attention of the Bruce Lee estate, and no, it was NOT another blogger with the initials “JY”. However this is a very opportune time to deal with any potential trademark issues and the result of this process will remove any lingering doubts about the BVBL-related opportunities in the future. With the resolution of this potential issue, the decks will effectively be cleared for action.
We’ll have lots to talk about in Martinsville, that’s for sure, and don’t be too suprised by a minor makeover here in the next few days.
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29 Comments
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I figured it was only a matter of time. And while it is possible they were tipped to the site, don’t discount the possibility that they have an agent doing periodic google searches looking for the use of their name. It isn’t that hard, and you appear prominently.
Disney manages to find murals painted on the sides of preschool walls — people who make money off names tend to zealously guard their cash cow.
Maybe you should run a contest to rename the site, it could drive up your hit count
I like Not Black Velvet Bruce Lee… or how about just BVBL in homage to the original creator of this site? Would that make the estate happy? How about SCSS? Steve Chapman’s Smelly Shorts - you can redact that if necessary.
Thank you for recognizing that I had nothing to do with it. Had I done so, I would have cc’d you on any communication.
I spoke with my attorney, and he is checking on the applicable case law and will be getting back to me soon with his opinion. My expectation is that I will be able to continue the “Black Velvet Bruce Lee” name, but I am going to remove pretty much all images of Bruce Lee simply because they asked me to. I’m pretty sure the net effect will be marginal, but this is one of those cases where a professional opinion is good to have.
So we don’t have to start any contests quite yet.
James, we’ve been through the good and bad together, and from that experience I can clearly see that this sort of petty thing is obviously way beneath you.
BTW, I think you’d be better off changing the name entirely. Association with the BVBL name in light of his cowardice and the pending legal action hardly lend you legitimacy, particularly since you are much more respectable than the BVBL site in its nascent stages.
I like the new character. What does it mean? Probably should make the estate happy.
Mr. Greg:
I wouldn’t give this too much concern. I just got a letter from Arlington National Cemetery requesting that I cease and desist disparaging the honor of the fallen by focusing unwarranted attention on countering the alleged shortcomings of a civilian that just happened to power wash their headstones so that the true meaning of their sacrifices could be seen by those that are otherwise blinded by gutless political motivation.
Disclaimer: Written from my home (as you can ascertain from my monitored and discerned IP address) without malace towards anyone, especially those that have reported me in “violation” of the Hatch Act because someone other than me stated in another blog pen that I was running for BOS Chair (in fact the stupid lawyer that reported me didn’t realize PW is a community where said public servant can run in a partisan election, albiet as an Independent - so much for reading those pesky statutes) [so much for a former enlisted Coastie with an AA degree in Animal Science having more brains than a stupid “politial guru” lawyer].
God bless America.
(watch out who you fart with)
Robert,
I’m not sure I understand your comment. Are you saying that you instigated this issue as a way of paying BVBL back for what happened with the Chapman campaign?
You are probably OK, as long as you are no longer using images of the actor Bruce Lee, which are trademarked. Using the words “Bruce” and “Lee” should be OK, as they are common names, and in combination with “Black” and “Velvet” further distinguish the blog name from the deceased actor.
I hope you keep the name. While JY and RTM associate it with something negative, I believe that to many, it is a heroic symbol of someone seeking truth. I know it is this to me. I will always consider BVBL, the blogger, to be a hero, as well as the current owner of this blog, Greg.
Corporate Esq., if you are a practicing attorney, I would suggest hiring outside counsel if you run into a situation regarding IP. Although the use of Bruce and Lee separately may (or may not) be “OK”, the use of the name “Bruce Lee” will present a problem for commericial users as a trademark is held by Concord Moon LP which is represented by a very large, well respected IP firm that doesn’t mind litigating or taking down websites be it through the courts or ICANN/UDRP.
As for the images, although it is possible to obtain a trademark on such images, it is more likely that the images are protected by copyright, in this instance, copyrights that are likely owned by one of the “Big 5″ movie companies. Infringement of those copyrights is a similar matter in terms of potential adverse judgements and takedowns, just more likely and easier to prove by the plaintiff.
Mom, is that firm you’re referring to “Manatt, Phelps and Philips, LLP”? If so, what can you tell me about them?
An email response if fine if that’s better for you.
Robert, You were asked a question. We are all waiting to hear your answer.
Wow. Mom can use google. I am impressed.
Maybe you should just change the name to BVBL. Everyone knows what it stands for.
Don’t know much about their practice, Greg, but MPP IS a large, well-respected firm. The first-named partner is Charles Manatt, a former DNC Chairman (in the Eighties, I believe) before the moonbats took over the DNC.
You mean the 1880’s, Jim?
And who is the political guru lawyer that Robert referred to? I thought I was the only one entitled to use that title
and I know I didn’t make that comment since I’ve never commented on Robert or responded to any of his comments before anywhere.
[Cleaning this up for a family site], f*** you, Riley! I’m not that much older than you!
I didn’t mean you were that old. I meant you have to go back to the 1880’s to find a time “before the moonbats took over the DNC.”
“I didn’t mean you were that old. I meant you have to go back to the 1880’s to find a time “before the moonbats took over the DNC.” ”
That’s the way I read it.
I believe the Moonbats officially seized power during the 1972 DNC Convention. That’s when the McGovern supporters packed the convention, and nominated the Father of All Moonbats.
http://en.wikipedia.org/wiki/George_McGovern
That the date I choose, but I am sure that this could be debated.
OK, OK. Maybe. With your observations in mind, perhaps I should amend my observation to read “before the moonbats put one of their own out front as Chairman of the DNC.” My recollection is that Dems in the 1980s at least had the sense to do that (remember, Bob Strauss was Chairman during Carter’s tenure, well after 1972).
At least you had the good sense to take my expletive deleted in the cordial spirit of brotherhood in which it was intended.
I feel that the title of this site should indeed be changed and among the almost infinite reasons, this name can be misleading. No matter how others may want to twist and turn this arguement, you are ultimately attempting to develop a name for yourself by reapin the benefits of using the obviously recognizable name of undoubtably the most influential martial artist of all time. My only hope is that Bruce Lee’s estate is victorious in this legal battle and this misleading act of utilizing Bruce Lee’s name to attract traffic can finally be stopped.
Outraged,
I don’t think anyone is confusing this site with any prominent martial arts heroes, nor is using this name an attempt to drive traffic. The content of this site is what drives visitors to come here. Honestly, the last thing I need is a crush of visitors who drive up the load on my server looking for something having to do with Bruce Lee who are ultimately disappointed that this site has really nothing at all to do with him. I don’t need to build and maintain superfluous infrastructure, which would be the only net effect of an attempt like this.
If my attorney advises me that my usage of this name is not legally defensible, I will change the name immediately. I mean no harm to the estate of Bruce Lee.
My understanding from the original BVBL was that he selected the name because of a personal admiration for Bruce Lee…and he enjoyed using the martial arts symbolization.
Why do I think Outraged’s real name is Stephen or Trent?
You know Greg, I have to agree with a previous poster that, should it bcome necessary to change the name, you really should simply use BVBL. Everyone uses that already when speaking of the site.
Greg,
I understand the direction you are coming from and I bare no ill will towards your site. However, I still find it morally irresponsible & inappropriate to create a site bearing the name of an individual that holds no relation or reason to be associated with your site in any form. I realize you may see this otherwise but picture for a moment that you were to unfortunately pass away after winning a Pulitzer Prize and someone were to create a site bearing your namesake years later with a totally irrelevent and unrelated theme; such as dietary supplements or any other varying random themes. Do you sincerely believe it would be in good taste to allow this site to retain such a title? (For example) Let’s say someone were to create a site bearing the name of my father, the fireman who died on duty only it’s premise is “Who’s the hottest celebrity?”. It would upset me to say the least.
Do you see where I’m going here….
We are hoping to engage in productive dialogue with the law firm of Manatt, Phelps to ascertain more precisely what their concerns are, and I plan on doing my best to resolve any concerns the estate or heirs of Bruce Lee may have. I don’t wish to trouble them in the least. I’m confident this can be resolved amicably and to the satisfaction of all interested parties, hopefully if they will do me the favor of returning my calls or emails.
You may not have been here to see the development of this site, but I did not choose this name, instead continuing an existing site and wanting to continue it’s legacy. This history is available in the “About” page, and may help inform why this is called what it is. I don’t try in any way to capitalize the Bruce Lee name, use his memory to endorse products, or infer any relationship between himself and this website. To me, the name itself is largely parody designed to describe this place as a cheap representation of something — like the portraits of other prominent figures that may use black velvet as a medium. I’m NOT Bruce Lee, I’m a poorly stylized picture hanging on a wall which causes derision and laughter from it’s viewers.
If I were trying to sell products to the martial arts community under this name, I would certainly be doing something wrong. Hopefully the law and this law firm will agree that this name causes no harm. If it does, I’ll be happy to make changes as needed, but I hope it won’t be necessary.
Greg, you’ve absolutely no reason to continue to attach yourself to this name. Indeed, because of the vile and despicable attack on Chapman (I know, I know; you dispute that point) there are many who — rightly or wrongly, and I’m not sure I’ve decided — hold this name against you. At the same time, it’s somewhat silly to suggest that this harms the estate of Bruce Lee, though that’s a judgment they’re entitled to make.