Jesus meets 21st Century IP. -- Prof. Steven D. Jamar vox: 202-806-8017 Director of International Programs, Institute for Intellectual Property and Social Justice http://iipsj.org Howard University School of Law fax: 202-806-8567 http://iipsj.com/SDJ/
"I do not at all resent criticism, even when, for the sake of emphasis, it for a time parts company with reality." Winston Churchill, speech to the House of Commons, 1941 Begin forwarded message: > From: Peter Maybarduk <pmaybar...@citizen.org> > Subject: Jesus (TM) Jeans > Date: February 26, 2013 1:15:08 AM EST > To: ip-enforcem...@roster.wcl.american.edu > Reply-To: Peter Maybarduk <pmaybar...@citizen.org> > > Page one of today's Wall Street Journal. > > SNIP: "In a branding coup of biblical proportions, an Italian jeans maker > persuaded the U.S. Patent and Trademark Office in 2007 to register the word > "Jesus" as a trademark, giving the company exclusive rights in America to > sell clothing bearing the name of Christianity's central figure. Since then, > the owner of the trademark, Jesus Jeans, has clamped down on Jesus-themed > apparel, pitting its litigators against more than a dozen other startup > clothing lines it claims appropriated "Jesus" without the company's blessing. > > "The company's attempts to trademark "Jesus" have been turned down in pockets > of the world. Turkey, Uzbekistan, Tajikistan and Kyrgyzstan have all refused > the trademark, according to Mr. Sindico. So did China, Switzerland, > Australia, Norway and Cuba, he said. In 2003, Britain's patent office > rejected its application as "morally offensive to the public," but Jesus > Jeans registered "Jesus" through the European Union as a "Community > Trademark," valid across the European Union. Intellectual property lawyers > say there is nothing in U.S. law that would prevent a company from claiming > exclusive ownership of centuries-old names." > > ---- > http://online.wsj.com/article/SB10001424127887324432004578302060560501092.html?KEYWORDS=Jesus+jeans+surfed > > If You Take These Jeans' Name in Vain, Prepare to Meet Their Maker > Italian Apparel Company Registered 'Jesus' as Trademark, Protects It Devoutly > By JACOB GERSHMAN > > Inspired by his time leading a singles ministry in Virginia Beach, Va., > Michael Julius Anton came up with an idea for a clothing line that he thought > was catchy and unique—"Jesus Surfed." > > He was on good ground with "Surfed." But when he went to register the > trademark, he found someone had beaten him to Jesus. > > In a branding coup of biblical proportions, an Italian jeans maker persuaded > the U.S. Patent and Trademark Office in 2007 to register the word "Jesus" as > a trademark, giving the company exclusive rights in America to sell clothing > bearing the name of Christianity's central figure. > > Since then, the owner of the trademark, Jesus Jeans, has clamped down on > Jesus-themed apparel, pitting its litigators against more than a dozen other > startup clothing lines it claims appropriated "Jesus" without the company's > blessing. The company doesn't have a trademark on images of Jesus, just the > word. > > Before taking on Jesus Surfed, Jesus Jeans objected to "Jesus First," "Sweet > Jesus," and "Jesus Couture," among others, which abandoned their trademark > efforts. In some cases, when met with resistance, Jesus Jeans warned that it > could sue for damages. > > > Jesus Up > The maker of Jesus Up apparel is discussing a settlement with Jesus Jeans. > > Attorneys for Jesus Jeans say they are just trying to protect the value of > their brand—no different from Nike's claim over the winged goddess of victory. > > "If somebody—small church or even a big church—wants to use 'Jesus' for > printing a few T-shirts, we don't care," said Domenico Sindico, the general > counsel for intellectual property at BasicNet SpA, a publicly traded company > based in Turin, Italy, that owns Jesus Jeans and the Kappa sportswear brand. > > But when companies like Mr. Anton's seek to commercialize their products, > "that's a concern," he said. > > BasicNet first applied for a "Jesus" trademark registration in the U.S. in > 1999, but it took another eight years for the trademark office to grant it. > The Jesus Jean trademark covers clothing and sportswear, including jackets, > vests, shirts, pants and belts. > > The trademark office at first said the company's application was similar to > other registered trademarks. > > But it ultimately dropped its opposition after Jesus Jeans argued that its > fashion goods wouldn't be confused with other trademarks that used the name > of Jesus "because of the religious or personal reference." > > Piety wasn't exactly evident in Jesus Jeans's first ad campaign in the 1970s, > under different ownership. The spots featured the back of a woman in skimpy > denim shorts under the slogan, "He who loves me follows me." > > The ads scandalized many in Italy and were denounced by the Catholic Church. > > Maurizio Vitale, an Italian entrepreneur and original owner of Jesus Jeans, > thought of the name during a trip to New York City when he walked by a > theater marquee for "Jesus Christ Superstar," according to Mr. Sindico. > > "He decided Jesus could be used in a nonreligious context by representing the > will to rebel and refusal to conform," Mr. Sindico said. > > The brand faded from the marketplace after Mr. Vitale died in 1987. BasicNet > acquired Jesus Jeans in the 1990s through a bankruptcy and relaunched the > brand in 2011 with a mellower image. > > The company's attempts to trademark "Jesus" have been turned down in pockets > of the world. Turkey, Uzbekistan, Tajikistan and Kyrgyzstan have all refused > the trademark, according to Mr. Sindico. So did China, Switzerland, > Australia, Norway and Cuba, he said. > > In 2003, Britain's patent office rejected its application as "morally > offensive to the public," but Jesus Jeans registered "Jesus" through the > European Union as a "Community Trademark," valid across the European Union. > > Intellectual property lawyers say there is nothing in U.S. law that would > prevent a company from claiming exclusive ownership of centuries-old names. > > Some are dubious about the likelihood of consumer confusion between companies > like Jesus Surfed and Jesus Jeans, a brand little-known to Americans. > > But even if a company doesn't want to back down, "it may not be worth the > money to fight," said Marc Reiner, an intellectual-property lawyer in New > York. > > Jesus Jeans says it is planning to ramp up U.S. distribution after > relaunching the brand in Italy with a marketing campaign linking the brand to > ideas of "solidarity" and a "peaceful society." > > > JESUS JEANS > > Little of that spirit has worn off on Mr. Anton, the Jesus Surfed proprietor > who is bracing for a fight. "Jesus Jeans has absolutely nothing to do with > anything biblical," he said. "I didn't think it would be that big of a > hassle." > > Mr. Anton said he got the idea for his company after organizing a spiritual > beach retreat under the theme "walk on water." He thought if Jesus were > around today, he would be a surfer. So he registered jesussurfed.com and > started selling T-shirts, hoodies and bandannas decorated with a silhouette > of Jesus holding a giant surfboard under a palm grove. > > After filing with the U.S. trademark office, Mr. Anton got an email in > November from an American attorney representing Jesus Jeans, requesting that > he abandon his application and agree not to use Jesus Surfed as a trademark > on clothing goods. > > The company specified that he could use the name only as a phrase in a > "descriptive, religious, free speech, ornamental sense." > > "If you agree to the foregoing proposal and comply with the proposal, then > this matter will be amicably concluded," the letter stated. "If you do not > agree, then Jesus Jeans reserves its right to an accounting/damages and all > other appropriate relief with respect to your trademark and trademark > application." > > Mr. Anton says he is looking to hire a lawyer to fight the infringement claim. > > Jeff Lamont is a California resident who owns a men's and women's collection > of Christian-themed T-shirts called Jesus Up. > > A part-time country singer, Mr. Lamont says he got the idea for Jesus Up a > couple of years ago while recuperating from surgery. "I was in the backyard > sitting on a boulder with staples in my belly, and I heard God tell me, > 'Jesus Up,' " he said. "The name was so good and easy, like Coca-Cola . When > I looked it up and it wasn't trademarked, I realized it was truly a gift from > the Lord." > > Jesus Jeans took a different view. It is demanding that Mr. Lamont scrap his > plans to commercialize Jesus Up apparel and presented evidence at a patent > trial, which the parties have agreed to suspend while they make another > attempt at a settlement. > > Said Mr. Lamont: "How anyone can claim the name Jesus for themselves and put > a trademark on it is beyond me." > > Write to Jacob Gershman at jacob.gersh...@wsj.com
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