Source: Hollywood Reporter THR- Esq. the intersection between entertainment and law (Blog)
example of a useful post:
BB Hollywood, a new branded entertainment venture, finds that its
own branding may run afoul of a Los Angeles landmark.
Visit the website for The Brooklyn Brothers, a New York ad agency, and you’ll find a
splash page
announcing their new Hollywood venture, called BB Hollywood. It’s a
snazzy looking page – a photo of the Hollywood sign with “BB”
photoshopped in, to form “BBHOLLYWOOD” in the iconic white staggered,
blocky typeface.
But it turns out the splash page has already made more of a splash in
Hollywood than the agency intended. When it showed up in a
New York Times story identified as the new venture’s logo, at least one person in LA took notice.
“I’ve already sent it over to our attorney for a cease and desist (letter),”
Jeff Lotman told
The Hollywood Reporter.
Lotman is the CEO of Global Icons, a licensing agency that represents
the Hollywood Chamber of Commerce. The non-profit Chamber, as much of
Hollywood knows, owns a trademark in the
Hollywood sign – and they police it vigilantly.
“It’s an infringement of our trademark,” said Chamber president and CEO
Leron Gubler, when asked about the BB Hollywood image. “This is not an isolated occurrence.”
Gubler could just as well have used the plural – i.e., “trademarks” –
because the Chamber actually owns about a half-dozen related
trademarks, not in the image of the sign itself, but in the word
“HOLLYWOOD” when depicted in the aforementioned staggered, blocky
typeface.
In addition, the Chamber’s lawyers use a form of quasi trademark
called “trade dress” to extend its rights to cover other words when set
in a similar typeface against a Hollywood Hills type backdrop. The
sponsors of the X Games, for instance, paid a licensing fee in order to
use an image of “X GAMES X” set up to look like the Hollywood sign.
This might all sound ominous for The Brooklyn Brothers, whose three
partners are neither brothers nor from Brooklyn. A chat with agency head
Guy Barnett made clear from his accent that he hails from England, in fact.
But about that logo. “It’s not a logo,” said Barnett. “It’s just a way to launch the company, a fun visual.”
“We won’t be so pleased if we get sued,” he added a bit nervously.
Actually, that seems unlikely. Lotman told
THR that he was open to a deal and that the fee – even if it were for a logo – “is not going to be much.”
That sounded more comforting to Barnett, whose agency has offices in
Manhattan, London and, somewhat improbably, Brazil. (“That’s where our
digital wizards live,” Barnett offered.)
No doubt a quick settlement will allow the agency to focus on the new
enterprise, which aims to create branded entertainment. It’s actually a
joint venture between The Brooklyn Brothers and eight writers and
producers:
Ned Rice (“The Tonight Show,” “Politically Incorrect”),
Mark Goffman (“White Collar,” “The West Wing”),
Lester Lewis (“Madison High,” “The Office”),
Rob Long (“Cheers”),
Adam Kulakow (
Les Miserables, Race to Witch Mountain),
Danielle Uhlarik (“The Family Tools”),
Paul Ruehl (“Hard Times of RJ Berger”) and producer
Laylee Olfat (casting director and producer on
Roger Dodger and
Secret Lives of Dentists).
With nary a connection to New York’s outer boroughs, why call the
agency The Brooklyn Brothers? Said Barnett, “I liked the way it made us
sound like a circus.”
Indeed. While some people analogize moving to LA as running away and
joining the circus, this might be one of the few times the circus ran
away and joined Hollywood. Splash page kerfuffle aside, they should fit
right in.
Email: jhandel99 at gmail dot com
Source Citation:
Handel, Jonathan. "Hollywood Sign Owner Cries Foul Over Ad Agency 'Infringement'" Web
log post. The Hollywood Reporter. Billboard/Backstage/AdWeek, 26 Oct. 2012. Web.
26 Oct. 2012.
