DC SHOWS POWER OVER KRYPTONITE

[MattBrady]

It may be able to kill Superman, but as a term, “kryptonite” has legal strength as well. The term is protected by trademark, according to a federal judge. The ruling came last week when Southern District Judge Richard Owen ruled that DC owns the trademark to “kryptonite” and as such, the term can be protected from dilution by Kryptonite Bicycle Locks produced by Kryptonite Corp.

The company began using the name “Kryptonite” in 1972 when founder Michael Zane first began making the popular U-shaped bike locks. The company applied to register “Kryptonite Bike Locks” with the US Patent and Trademark Office in 1976, which fueled a years-long exchange between the company and DC Comics.

The two parties reached an agreement in 1983 that allowed the lock company the limited use of three trademarks with the work “kryptonite,” as long as they were used only for bike locks, handlebar grips, and bike accessories. As part of the ’83 agreement, Kryptonite Corp agreed not to associate its merchandise with the characters “"Superman, Superboy, Supergirl, Superkids, Super Jr. and Krypto the Underdog." Additionally, it could not “use the word 'super' or a super formative word in the advertising, promotion, packaging or labeling" of its locks or accessories.

DC claimed that the limitations placed on Kryptonite Corp as part of the initial agreement were breached in the ‘90s when the company, seeking to expand its product line to include tote bags, briefcases, pants, jerseys, and other items, sought trademarks for the use of the term “kryptonite” on products not covered in the 1983 agreement. The company also applied for marks using the word “Krypto,” and used the word “super” in its advertising.

As a result, DC filed suit in 2000 to block Kryptonite Corp from moving forward with its expansion plans, claiming infringement, dilution of trademark, and unfair competition, claiming that Kryptonite Corp, by using the words “krypto” and other terms was attempting to confuse consumers into believing that there was a tacit connection between the product line and the Superman mythology.

In response, Kryptonite Corp counterclaimed, asking for a recision of its agreement with DC, claiming that the purposes of the original agreement had been “substantially frustrated,” and asked the Judge for dismissal of the case.

Along with other summary judgments, Judge Owen refused to throw out the breach of contract claim filed by DC, and as such, leaves the bulk of DC’s case against Kryptonite Corp for trial.

"DC Comics is very pleased with the decision, and we are going to get ready for trial," DC’s lawyer, Patrick Perkins told the New York Daily News. A lawyer for Kryptonite Corp. declined to give the News a comment.

This was the second blow to Kryptonite Corp. in as many weeks, as the company recently announced it would be offering a “sizable rebate” for customers who bought Kryptonite locks more than two years ago as it was recently revealed in the US (though the BBC had reported on it in 1992) that many of its locks, including bike and computer locks could be quickly and easily picked using a Bic pen. As the revelation came to light publicly, claims that the Bic-pick method had been known for years by bike thieves surfaced, and may have been responsible for thousands of bicycle thefts over the years.

Related News: Marvel vs. Hulk Hogan

[Tinnitus Tim]

Originally posted by MattBrady
[BThis was the second blow to Kryptonite Corp. in as many weeks, as the company recently announced it would be offering a “sizable rebate” for customers who bought Kryptonite locks more than two years ago as it was recently revealed in the US (though the BBC had reported on it in 1992) that many of its locks, including bike and computer locks could be quickly and easily picked using a Bic pen. As the revelation came to light publicly, claims that the Bic-pick method had been known for years by bike thieves surfaced, and may have been responsible for thousands of bicycle thefts over the years.

[/b]

I just saw the news about this lock being easitly defeated. I don't know if it's a public company but if so I think it's time to sell the stocks...

[Sean Walsh]

Originally posted by MattBrady
Related News: Marvel vs. Hulk Hogan

For some reason, this makes me envision Hogan knocking Marvel and DC lawyers out with bike locks in the pre-trial setup...

[Ben543250]

Originally posted by Tinnitus Tim
I just saw the news about this lock being easitly defeated. I don't know if it's a public company but if so I think it's time to sell the stocks...

And in a week or so, to buy buy buy!

[skywatcher]

Originally posted by MattBrady
Krypto the Underdog

Well DC proved it was no "underdog" here!

[Vyper]

I think the lawsuit by Marvel against Hulk Hogan is ludicrous.

This, on the other hand, I have no qualms about. Bad enough they make bad locks

[dollman]

Originally posted by Tinnitus Tim
I just saw the news about this lock being easitly defeated. I don't know if it's a public company but if so I think it's time to sell the stocks...

I heard the company has offerred a re-call on locks sold in the last 2 years. Anyone who has purchased a lock during this time can exchange it for new locks which can't be defeated by a bic pen.

Anyone with locks purchased outside the 2 yr timeframe will get a rebate on their purchase of the style locks.

Personally I haven't used my U-shaped Krypton lock in years. I found it added to my riding weight, and switched back to the conventional stringing type locks that wrap around the bike saddle.

[Brian Garside]

Originally posted by Ben543250
And in a week or so, to buy buy buy!

No no no no, that's not how the lemmings...err, I mean day traders work.

Buy on RUMOUR sell on NEWS.

I remember one of my friends fathers telling me the "secret" to day trading a few years ago and I almost punched him in the mouth for his sheer stupidity.

That's how I'd like to deal with stupid people. A good, solid, punch to the mouth. It might not smarten them up, but we'd be able to tell who was dumb by all the fat lips and missing teeth...just like in the old days when you could tell a yokel at ten paces because of all the teeth they were missing.

[ATKokmen]

Originally posted by Tinnitus Tim
I just saw the news about this lock being easitly defeated. I don't know if it's a public company but if so I think it's time to sell the stocks...

Originally posted by Ben543250
And in a week or so, to buy buy buy!

Well, should anyone really want to track these events' ramifications on the stock market, the Kryptonite bike lock company seems to be a part of the huge NYSE-traded company Ingersoll-Rand.

Whether or not these two Kryptonite events--the design flaw of some of their locks and the trademark suit not going their way--will have any lasting effect on Ingersoll-Rand share prices is debatable. Kryptonite lock sales seems to be somewhere in the several-dozen-million-dollar per year range; Ingersoll-Rand's overall revenues seem to be in the 9-10 billion dollar per year range.

[jmarshall]

I never quite understood why they wanted to use the name Kryptonite anyway. I mean, if Kryptonite was the one element too strong for Superman to break, I could understand it. But how is a rock that can make Superman sick supposed to translate to an "unbreakable" lock?

[Spiph]

they haven't put it in the company newsletter, yet

[Caramuru]

This is a video of a Kryptonite lock vs. a Bic pen:

http://www.engadget.com/common/videos/pt/lock.wmv

[allagecomics]

Hmmn...Adamantium Locks, has Marvel licensed that out yet.

[Hdefined]

Nice, very nice

[thesporq]

Since Krypton is an actual element, does that mean it's OK to use in trademarks? And does that have any bearing on DC's use of the term kryptonite?

I seem to remember the term being used in flashlights and bulbs.

[Nat Gertler]

DC does not have a registered trademark on Krypton; I don't know if they claim a non-registered trademark or not. Even if they did, if your product contains Krypton, you could certainly describe it as such. It's only if you're in one of the categories for which DC uses the trademark or if you're using it in a way that's apt to cause confusion with the Superman-related marks that you are apt to run into trouble.

DC has trademarked Kryptonite in a number of categories... including cosmetics, one where I think it could be used very well indeed.

[Kolimar]

Hurrah for DC! Bedah!

[CyclopsScott]

Originally posted by Sean Walsh
For some reason, this makes me envision Hogan knocking Marvel and DC lawyers out with bike locks in the pre-trial setup...

Good god I want to see that...

Seriously though, even the "Tough World, Tough Locks" slogan makes me go "Krypton, Superman's from there, tough world..." etc. just out of geek habit, and everyone knows about Superman. Rather amazed its all taken this long to come to a head really.

Scott Summerton

[CyclopsScott]

Originally posted by thesporq
Since Krypton is an actual element, does that mean it's OK to use in trademarks? And does that have any bearing on DC's use of the term kryptonite?

I seem to remember the term being used in flashlights and bulbs.

Well, "kryptonite" is fictional and made up by DC. Krypton the element was discovered in 1898. DC has Krypton trademarked for the planet, but I don't think they could trademark it for the element or material...

Why they don't just seek to get a marketing agreement going is beyond me.

Scott Summerton

[Userama]

These guys are idiots. DC will sue your ass for trademark violation at the drop of a hat, everyone knows that. I remember that skate aparel company that got sued because their logo was a backwards Superman-style S-symbol. Or when they sued Hitler because his new master race too closely resembled their flagship character. And Hitler was all like "fuck that yo" and then he rode away on some guy's bicycle after picking the lock with a toothpick.

[mrpoizun]

Will you please use an accurate Arthur Carlson quote at the end of your posts?
The one you use is not only incorrect, it doesn't make any sense.