RSS FeedBatman, Turkey Sues Warner Bros.
It’s not the first time a city or location is suing for intellectual property in its name. But it’s probably the first time a major blockbuster has been the target of the lawsuit.
The city of Batman, located in eastern Turkey, is named after the river by the same name that flows into the Tigris. Both the river and the oil-producing city derive their name from the adjoining Bati Raman mountains.
Batman is known around the world for a much more popular comic book character, turned into blockbuster film. The $1billion box office sales for the Dark Knight, the second highest ever, is probably what prompted the suit.
Huseyin Kalkan, the Kurdish mayor of the town, is preparing an interesting statement of claim, including psychological damages. He attributes a number of unsolved murders and a high female suicide rate on the film’s success.
The town is not without controversy, as many of the suicides are attributed to honour killings. Kalkan himself has been jailed for support of the Marxist-Kurdish terrorist organization also operating in northern Iraq, the PKK (Kurdish Workers Party). The Caped Crusader would probably have his hands full in the town that shares his namesake.
Vehbi Kahveci, head of the Intellectual and Industrial Property Rights Commission of the Istanbul Bar, stated that Batman (the character) and its related logos are already registered around the world. Kalkan’s claim is also limitations barred, probably by several decades.
Jonathon M. Seidl of Patrol Magazine said,
…do all the Springfields in the U.S. get to sue FOX and The Simpsons? Or do all the Springfields get to sue one another? Or maybe Hell, Michigan should sue the Devil. Or what about Garfield, New Jersey, Archie, Missouri, or Henry, Illinois?
The case would have a difficult time making a claim at common law (just for fun). It’s unlikely that a character first created in Detective Comics #27 in May 1939 could reasonably foresee any risk of nervous shock to a small obscure town on the other side of the world founded only two years before.
In addition to lack of temporal and spacial proximity, the recent SCC case of Mustapha v. Culligan suggests that a suddenly sensitive, or thin-skulled plaintiff, is not likely to be successful. Yet, Kalkan somehow received damages last year from D.C. Comics for the use of the Batman name.
But s. 61(2) of the Family Law Act does allow an action for loss of companionship. Let’s just hope that Kalkan’s wife is not one of the recently deceased in the town of Batman.
Cross-Posted from Slaw.ca.
Let’s Play Ball with Toronto Blawgers
St. Louis Cardinals Manager Tony LaRussa once told the Bar Association of Metropolitan St. Louis,
I really feel my training came from going to law school.
I’m not sure how that fits in with his DUI right before the World Series last year, but the law does touch every aspect of life, including sports.
We previously talked about how specific hockey cases have influenced the law, but baseball also has its landmarks as well.
First-year property law students inevitably hear about Popov v. Hiyashi, which has evolved into a movie on the case, “Up for Grabs,”
The documentary deeply delves into the legal battle that ensued over [Barry] Bonds’ now world-famous baseball and the two central characters, Alex Popov and Patrick Hayashi. Popov claimed to have caught the ball but Hayashi was the fan that ended up with it in the frenzy. The event marked a historic achievement for Bonds, as his home run shattered the previous single-season record set by Mark McGwire of the St. Louis Cardinals in 1998.
Roger Abrams outlines in his book, Legal Bases: Baseball and the Law, other major incidents in baseball of legal interest:
The origins of baseball - formation of the National League, the development of rules and processes- Contracts between players, owners, stadiums, etc., most notably the Lajoie litigation, which established the league’s control over players
- Exemptions to anti-trust legislation established since 1922, and the Curt Flood suit in 1970 and unsuccessfully opposed his trade from the St. Louis Cardinals to the Philadelphia Phillies
- Collective bargaining and the emergence of the Major League Players Association, from which players and owners benefited
- The private legal processes that control the business of baseball, including its governance system, the process of desegregation, and powers of the Commissioner
- The end of the reserve system, and the 1975 Messersmith Arbitration case that challenged it
- Class-action cases filled by players like Carlton Fisk, claiming owners had violated collective bargaining agreements through collusion
- Criminal allegations against Pete Rose that he was betting on games
- The labour wars of the 90’s
And there are many other subjects related to baseball in the law.
But none of this was the subject of discussion at the Blue Jays game last night in Toronto.
I met with Connie Crosby and Simon Chester of Slaw, as well as the editor of the Blawg Review, who is traveling the world and meeting with blawgers of interest.
Box Score: It was a helluva game, as Jays blanked Yankees 5-0.
Canadian fans taunted A-Rod, as law bloggers watched helplessly. “We should have invited a family law specialist,” noted Ed.
We had a great time, but more importantly had a wonderful conversation about various topics related to legal blogging (or blawging, the controversy rages on).
Students are often apprehensive about going online with their thoughts and doing legal blogging. But the Blawg Editor said,
It makes no sense to try to be the best at the same thing as everyone else. Find something you like that’s different and be the best at that.
Law firms are also slowly accepting the role of blogs, though it’s often limited to partners that operate unofficial sites as a communication tool with potential clients. But search engine optimization is becoming the golden grail even for law firms.
There are some interesting projects around, including some firms that are having their articling students run a blawg. And Davis LLP made a permanent impression on the blawgosphere when they opened a law office in second life.
The best part about social media is the opportunity for law students to interact and exchange with experienced practitioners in the field. And one of the major topics for the evening was how they could better assist interested students.
How do firms deal with a blogroll - do they link to their competitors’ sites and blawgs as well? Of course, because the new age of legal practice is not as much about intense and aggressive competition as it is about building and developing relationships.
We might be able to go back to meaning it when we refer to opposing counsel as, “my friend.”
The teamwork mentality that these lawyers bring to the Internet makes it that much easier for those of us starting out in the game. And when you do throw the ball my way, I’ll be sure not to drop it.
Thanks for the invite.
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