*NEWS Wow* Trademark holder sues Pittsburgh video store over Ninja Turtles mural
 

http://www.post-gazette.com/images4/...Mutant_450.jpg
Cowabunga, dude!
A video store owner is being sued by the company that holds the Teenage Mutant Ninja Turtles trademark because he painted a mural with similar turtles on his store and used the images in advertising fliers.

Mirage Studios Inc. of Northampton, Mass., which owns the trademark, filed the suit Monday in federal court in Pittsburgh.

Milton Barr, 20, who operates two MIB Ninja Entertainment Stores in Pittsburgh, said the suit is an example of a big company picking on a little guy.

"Under the First Amendment, I have the right to paint whatever I want, as long as I don't make money off it," Barr said.

But University of Pittsburgh law professor Michael Madison said that people cannot use images if they are likely to be confused with those under trademark.

"There is an idea of a free speech defense, but it's very narrow, and it almost never applies when you're using a trademark to advance your business," Madison said.

Barr said he believed it was OK to use some version of the turtle images, as long as they were somewhat different from the originals.
FROM THE PITTSBURGH POST-GAZETTE
CLICK HERE IF YA DON'T BELIEVE ME

WHAT I THINK: So wow I can't say that I'm shocked I'm actully visiting pittsburgh,p.a. right now so lets hope they didn't take it down yet because this thing was beautiful! Seriously illegal or not it was of the old toon tmnt, shredder, krang, and others.
I agree with the the law on this one this guy really is trying to draw in attention via the TMNT beautiful art or not.
And if the guy really knew anything he'd know that Mirage isn't a Big Company they're just as much the little guy as anyone else.

Well that's...interesting... *scratches head*

Man...don't mess with Mirage.

But does the "But it's not 'exactly' the Teenage Mutant Ninja Turtles..." defense hold water?

total bummer for the owner. but the law is the law :ohwell:

uh yeah he just doesnt want to get sued by mirage take a look at the image I posted..
The funniest part of the article is how they call Splinter a wolf! hahahah:lol:

come on people this is huge news!

Hey, I posted my say...but I wish I could see a bigger picture.

"an adult version of the theme?" This guy must not have read Mirage's older work.

Do my eyes deceive me or does the mural have the phrase "Go ninja, go ninja, go!" Vanilla Ice should get in on this...they're stealing his lyrics.

if it's still there I will try and take some over this weekend this guy has images all around the store! He's seriously full of it if he thinks he can get away with it. I'm shocked Mirage even found out I wonder who told them.
The southside of Pittsburgh is pretty obscure trust me I grew up there lol.

Hell, if I was Mirage, I'd consider it free advertising.

*taps his foot and whistles innocently*

Seriously I didn't do it, but I can understand Mirage suing.

Seems warranted... whether he loves TMNT or not, the guy is using TMNT to attract attention to his company... a company with "ninja" in its name. He could have done it in such a way that it was legal (e.g. ads saying hey you can buy TMNT stuff at my store), but instead he's going the weasel route. I have no pity. It's not like Mirage runs around filing lawsuits on just anyone; they probably sent him a letter asking him to stop the infringement beforehand.

Mirage is a big company???

Freakin huge...oh wait...it's called Mirage because the art tables were a freakin' KITCHEN TABLE!!! The "company" is a Mirage...dingus.
Barr, not you Iris...:D

someone told me (please note that I take what this aqueinetance says with a grain of salt) that if you change an image 10% you can get away with it. Does anyone have any info to debunk that or back it up?
and on a side note, i definately think that the painting looks cool. I'd definately shop there

Eh, I don't think this is a big enough deal to sue over, but the guy should have known better. It has nothing to do with free speech, this is a pretty blatant ripoff.

Oh geez....We do have the freedom of speech. However, Mirage is correct in suing the poor video store owner in Pittsburgh because they have the copyright rights of TMNT images. If the store owner did not use the images for a business, he might have been alright. But he used the images to promote his businesses in Pittsburgh. If he does not meet the initial demands of Mirage, he could be out of alot of money. Before he planned to get the mural and advertisements done, he should have investigated about the laws on free speech (the 1st amendment).

I don't see the big deal either.

Did this really piss Peter Laird off THAT much?

it's not a matter of him using them it's a matter of him using them to his advantage to make a proffit even though he says he's not.
It's one of the first things I saw when I came into the city and thought wow thats awsome I wonder what the store is do they sell tmnt?
And obviously they don't I also said to myself wow I'm shocked that was allowed.
What you guys don't see is the front of the store whats being shown in the image is the back side the parking lot.
The front has Splinter, Krang, & April O' Neil on it.
He doesn't own these characters and he shouldn't be using them for his business to turn a proffit.:roll:

Take a look at the turtle poses on the main site Pay special atention to the movie banner on top and the new toon ad for teletoon on down the page. Compare to his wall.


This ass is blatanty ripping them off even the pose is basicly the samw

you loos stupid 1st amendment won't save your ass at all.

Yeah that was the first thing I noticed when I saw the picture. The only difference is the bandanas are gray. That's not enough to get him off the hook. Heck, the only thing that looks remotely original is the Foot soldier-- if you can call it that. Looks more like the bastard son of Spiderman from this angle....

This issue isn't the pose. It's the fact that he clearly used copywritten turtles to further his own business practice. And I agree the first amendment should not save him. But I don't want to see the guy get sued up the anus. He should be forced to remove the images above his store and apologize or something. my opinion

I can agree with Neutrino, I'm sure Mirage would drop the monitary suit if Barr just removed the images.

likewize but I don't think he's going to I think thats what the problem is because he doesn't see this as a problem.
People go "oh whats the harm in him using these characters" the harm is that millions of others have had to pay to use the turtles on their adds so why should this guy get away with it scott free.:dead:

^exactly, you hit the nail on the head I think

If this doesn't prove Laird is a money hungry a-hole then what does?

its his property so he's in the complete right to say something. besides--the article said that Mirage sent him 2 letters warning him to cease and desist before they filed the lawsuit. that is the guy's fault for not taking it seriously and ignoring it

I am not saying what the guy should or should not do, but it will be a shame for the mural to go.

Laird could not be an a-hole and have a grin on his face that someone liked his property enough to do that.

Instead he thinks "Money money money" And not "Oh that is some wonderful art I'm honored someone did that with my creation"

If Eastman was in charge of Mirage I bet he wouldn't do that.

Well, no, this doesn't prove that. A. The copyright needs to be defended. B. Defending a copyright costs money. C. Who better to pay for defense than the people who try to infringe on that copyright?

Yeah, damn copywrite holder sticking it to the little guy. How dare Peter Laird defend his intelectual property. FIEND!!

what the guy did was illegal, and if HE doesn't realize it, then you think someone that he TOLD he was going to do this (before he started the painting project obviously) would have told him it is illegal.
He doesn't stand a chance, the 1st amendment does NOT back up stealing trademarked images

I don't know I read stuff like this and it rubs me the wrong way. Not Mirage as a whole comes off as an ass just Laird comes off as an ass in the first place. If Laird is going to tag this dude then he should tag all the bootleggers, fan made action figure auctions on Ebay, and people who do TMNT tags. But he doesn't, the only reason he's nailing this guy is because he's easier to catch and the guys making some money. If he cared about copyright infringement he would be trying to stop the above listed things as well. He probably also wants it ripped down because it promotes the old toon which he would most likely piss on if he could.

But "We don't understand anything" so what do I know.

It's his so he can do whatever he wants with it. Suing would be his way of getting paid the money he deserves for his property.

Money hungry and a-hole are a bit harsh. Wanting to get paid is different than being an @$$hole

Personally I think the kid who made the mural is a jerk.

If he really respected and loved the property he would not be trying to steal from it. He would respect the creators and the owners.

He is the money grubbing a-hole who is trying to make a buck off of someone else's hard work and years of dedication.

As for Laird... I highly doubt he is the mastermind behind this. I am certain that the Mirage legal team is the one handling this and that while I am certain he is aware of the case happening, I doubt he is sitting at home stomping his feet and waiting the mural to come down. It's some well paid lawyers who's jobs are to police the Mirage brand that I am certain are going after this guy.

Also considering none of us work at Mirage we DON'T know what's going on and maybe some people around here should realize that.

It was good that Mirage sent the business owner several letters indicating that he needs to remove his large murals on the building. I do not think that Mirage wanted sue right off the bat. But due to that the business owner did not take the letters seriously, he is in deep trouble. If he wanted to use the images for his business, he would have to pay a large sum of money to Mirage.

Well as you point out, Mirage lets this stuff slip most of the time. Especially when it's "fan stuff." If they really wanted to, Mirage has the right to shut down every fan site that uses official images and stop people from posting fan art. Other companies do it all the time. So Mirage forgoes all that but chooses to take on a pretty damn egregious case, and that means Laird's an ass?

My ass he wouldn't, Eastman would probably do the same thing considering this is business they are dealing with. Its one thing to be a fan and to make a drawing for your own pleasure but this guy is using his characters, without his permission, to advertise his store and his products and Laird is supposed to look the other way? Come one now, be realistic.

not to mention they warned him twice that they don't want him using their characters.

Well the truth is customizing usually does fly under the radar just like how most companies (including Mirage) don't make big deals over customs or their products being sold on sites like ebay or through garage sales (and if you think about it yeah, it should technically be illegal to resell items through garage sales and ebay). Its hardly a clear cut answer so you have to pick and choose your battles. Obviously this guy is using his characters to bring in a **** load more money than some dude on ebay so yeah, Mirage is gonna say something.

Its business first and formost and its not like they kicked his door in throwing law suits his way. They told him straight up why they wanted him to knock it off and they have the legal right to protect their property/investment as they see fit. At its core yeah, it is business. Why is Peter Laird thinking in terms of what his property is worth make him an asshole? He would be an asshole if he did what you suggested and attacked the little guy in his basement who made a custom figure. Is it fair? Not all the time but like I said, you have to pick and choose your battles.

Uh, Johnny, you could just edit posts....

Yup, I know