Thread replies: 9
Thread images: 1
Thread images: 1
File: bigdoggindoggydog.png (171KB, 299x316px) Image search:
[Google]
171KB, 299x316px
>In a decision upholding the right to make fun of popular culture, a federal judge in Pittsburgh this week body-slammed World Wrestling Entertainment, ruling in favor of a California company that parodied "The Rock," "Stone Cold Steve Austin" and other WWE wrestlers and story lines.
>In a 50-page opinion, U.S. District Judge David Cercone said Big Dog Holdings' caricatures of WWE figures on T-shirts and other merchandise are protected by the First Amendment and clearly meant in fun.
>"Big Dog's parodies convey a simple message that business and product images need not always be taken too seriously," the judge wrote, "and we are reminded that we are free to laugh at the images and associations linked with these icons."
>The wrestling organization, then known as World Wrestling Federation, sued Big Dog in federal court here in 2001, claiming the firm was stealing its images and siphoning off its profits by creating confusion among customers.
>The lawsuit was filed in Pittsburgh because Big Dog has a store in Grove City, Mercer County, and the WWE is represented by the Downtown law firm of Kirkpatrick & Lockhart. But since Big Dog's shirts, mugs, bottles and other items are sold nationwide, the case could have been filed in any federal court.
>After the lawsuit was filed, Big Dog asked Cercone for summary judgment, essentially requesting that he throw out the case. That's what Cercone did in an order filed Monday.
>Jerry McDevitt, who represented the WWE, said his client is determining whether to appeal.
>"I'm disappointed the judge didn't let the case go to trial," he said. "We saw it differently [than Cercone did] and wish he would have let a jury decide."
>Jackie Criswell, a Chicago lawyer representing Big Dog, said the victory was important because it represents a continuing shift in the law toward protecting different forms of parody as free speech.
>>
>Previously, she said, a parody generally had to make a social or political comment to be protected. But in recent years those restrictions have been lifted in the courts.
>"It's a very significant decision," she said.
>In his opinion, Cercone noted that Big Dog doesn't just pick on WWE characters but makes fun of other cultural institutions, like the movies "Star Wars" and "The Mummy." The company's Web site shows T-shirts for sale featuring other parodies as well, like "Sponge Dog No Pants" and "Sopranodogs."
>"It is Big Dog's contention that it has always developed certain graphics as parodies of popular culture which poke fun at what is going on in the world," Cercone wrote. "Big Dog further contends that the depiction of the Big Dog character over and over in different contexts is part of a long-running joke that consumers have come to identify with the Big Dog brand."
>Big Dog attempts to "dogify" characters by giving them floppy ears, tails and other dog features while using bad dog puns to parody "overinflated aspects of our society."
>Stone Cold Steve Austin, one of the most popular wrestlers, became a dog-eared "Bone Cold Steve Pawstin," for example. "The Undertaker," another icon, was the "Underdogger."
>The company first started selling merchandise with World Wrestling Federation references in November 1998 when it launched "Live on Paw-Per-View: WBDF v. Bad Dogs of the Empire." The graphics featured parodies of "Star Wars" villains: "Emperor Pawpetine" and "Bark Maul" fighting wrestlers "Hollywood Hound Hogan" and Bone Cold Steve Pawstin.
>At the bottom of the images, Cercone noted, the company included a note saying: "Big Dog Sportswear. This is a parody."
>>
>In its lawsuit, the wrestling organization said Big Dog has "blatantly exploited and traded on the intellectual property owned, marketed and licensed" by the organization. One of the key arguments, common in copyright infringement cases, was that customers might confuse Big Dog merchandise with wrestling federation items.
>Cercone said that's not likely.
>"If Big Dog employs successful parody," he wrote, "the customer would not be confused, but amused."
>He also pointed out that several WWE officials and employees, including Dwayne Johnson, who plays The Rock, didn't even know about Big Dog merchandise for several years after it came on the market and hadn't seen any of it until they were deposed in the lawsuit.
>>
Never heard of this in my life
>>
>>2254846
tldr
>>
>>2254851
Obviously the OP only wants us to laugh at the fact that the company in question is called Big Dog. I'll admit that 'Underdogger' got a laugh out of me.
>>
Clearly, Vince is pushing the Big Dog nickname so hard because of this lawsuit. Then he can "own" Big Dog.
>>
>>2254851
They used to be a store with hundreds of these shirts in the mall 20 years ago in my town
Thread posts: 9
Thread images: 1
Thread images: 1