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F.A.Q. |
Saturday April 28 12:23 PM EDT
from 
Suit Claims That Stallone's Driven
Isn't Entitled to the Title
By Denise Levin
An independent film company that released a 1996 film called
Driven has sued Warner Bros. and Franchise Pictures, claiming
Friday's release of their Sylvester Stallone picture by
the same name will cause confusion among the public and diminish
the earlier film's value.
But the federal suit by the independent film company,
Pacific Rim Partners, may have a tough time proving that Driven,
which starred Chad Lowe, has unique qualities that would entitle
the word to legal protection.
Pacific Rim's lawsuit, filed Thursday in the U.S.
District Court for the Central District of California, claims
Warner Bros. and Franchise violated the Lanham Act -- which prohibits
false designation of origin, representation or description --
and engaged in unfair competition. Both ''the trade and public
at large have come to and will continue to identify the title
'Driven' as the motion picture created and owned by plaintiff,''
the lawsuit states.
However, according to Imdb.com, the Internet film
database, six separate, unrelated films already carry the title
Driven, including the two at issue in the dispute. Film titles
are not copyrightable, and no laws specifically govern duplicated
use. There is, however, a system of cooperation among studios,
which register titles with the Motion Picture Association of
America's Title Registration Office. Through that office, filmmakers
can see if the title they want for a project has been used or
is being used for another upcoming project, and can ask permission
to use the title from the studio that first used it. According
to the MPAA, Pacific Rim is not registered with the office, but
Warner Bros. and Franchise are.
Generally, permission is granted, especially when
the word or words in the title are generic. So it isn't uncommon
for films to carry the same titles -- The Patriot (seven films),
as well as Gladiator, Heaven Can Wait and Road House (at least
two films each). Also, considerations like how widely circulated
the film is and other subjective criteria are applied when determining
if a title is being wrongly used.
Veteran Hollywood attorney Robert Mirsch, who is not
involved with the Pacific Rim lawsuit, explained that some films
-- for instance, Some Like It Hot -- are so famous and have such
unique titles that use without permission might provoke action
by a court. But more generic titles that few people would automatically
associate with a particular film are difficult to defend on grounds
of public confusion, Mirsch said.
Franchise general counsel and executive vice president
Erick Kwak said in an interview Friday: ''We conducted a thorough
analysis of the title and determined that the title was, and
is, clear for use and that the claims in the lawsuit are without
merit.'' Kwak said the analysis process includes checking with
recognized clearance houses for a title's availability and its
prior use, then discussing its use with insurers to determine
whether use might have implications under the Lanham Act, and
whether permission is required.
''It's not at all unusual for various films to have
the exact same title, and the majority of the time, permission
is neither sought nor required,'' Kwak said. Kwak reiterated
the rules regarding common use words, and added that titles with
a new word or a string of words together that had no meaning
until the film came along -- such as Tron or Star Wars -- may
have protection.
Pacific Rim's Driven has won awards at several film
festivals and gained critical acclaim, according to the lawsuit.
Since the beginning of April, the studios behind Stallone's film
have marketed the new Driven, the lawsuit says, and ''have knowingly,
willfully and deliberately sought to capitalize upon the distinctive
quality and secondary meaning established by plaintiff and its
title, and have intended to wrongfully, and without plaintiff's
consent, capitalize upon and profit by the consumer confusion
they have created, to the detriment of plaintiff and its business.''
A message left Friday for Pacific Rim's attorney,
Scott A. Meehan, was not returned. The lawsuit seeks an injunction
restraining the studios from using the name Driven and at least
$1 million in damages.
Sounds like another "worthy" lawsuit. - Craig Zablo
(April 29, 2001) |
D.Y.K.? |
