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

*VaughnMichael* · 05-02-2007, 03:37 PM

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.

*Kunoichi_Haruko* · 05-02-2007, 03:38 PM

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

**Jester** · 05-02-2007, 03:39 PM

Man...don't mess with Mirage.

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

*Revan* · 05-02-2007, 03:44 PM

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

*VaughnMichael* · 05-02-2007, 03:45 PM

Quote:

Originally Posted by Jester

Man...don't mess with Mirage.

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

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

*VaughnMichael* · 05-02-2007, 03:59 PM

come on people this is huge news!

**Jester** · 05-02-2007, 04:04 PM

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.

*VaughnMichael* · 05-02-2007, 04:06 PM

Quote:

Originally Posted by Jester

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

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.

*odupianist* · 05-02-2007, 04:11 PM

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

**Jester** · 05-02-2007, 04:11 PM

Quote:

Originally Posted by Putrescent

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.

*taps his foot and whistles innocently*

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

*iris* · 05-02-2007, 04:19 PM

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.

Quote:

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.

Mirage is a big company???

**Jester** · 05-02-2007, 04:22 PM

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...

ajistheman · 05-02-2007, 05:22 PM

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

*Mecha Cow* · 05-02-2007, 05:38 PM

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.

*Cascadia* · 05-02-2007, 05:39 PM

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).

*CyberCubed* · 05-02-2007, 05:48 PM

I don't see the big deal either.

Did this really piss Peter Laird off THAT much?

*VaughnMichael* · 05-02-2007, 06:38 PM

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.

Ambush · 05-02-2007, 06:57 PM

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.

*Kunoichi_Haruko* · 05-02-2007, 07:03 PM

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....

*Revan* · 05-02-2007, 07:04 PM

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

05-02-2007, 03:37 PM	#1
VaughnMichael I'm Baaaaaaccck! Join Date: Sep 2003 Location: Pittsburgh, PA Posts: 11,833	NEWS Wow Trademark holder sues Pittsburgh video store over Ninja Turtles mural 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. Last edited by VaughnMichael; 05-02-2007 at 03:44 PM.

05-02-2007, 03:38 PM	#2
Kunoichi_Haruko A shell of a good hit! Join Date: Oct 2006 Location: Richmond, Va. Posts: 1,685	Well that's...interesting... scratches head __________________

05-02-2007, 03:39 PM	#3
Jester Rat-faced Dude-guy Join Date: Feb 2004 Location: Arkansas Posts: 26,300	Man...don't mess with Mirage. But does the "But it's not 'exactly' the Teenage Mutant Ninja Turtles..." defense hold water? __________________ "Clearly, you're Ninja Turtling incorrectly." - Leo656

05-02-2007, 03:44 PM	#4
Revan Han Shot First Join Date: Feb 2006 Location: Paper Street Soap Company Posts: 3,687	total bummer for the owner. but the law is the law __________________

05-02-2007, 04:04 PM	#7
Jester Rat-faced Dude-guy Join Date: Feb 2004 Location: Arkansas Posts: 26,300	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. __________________ "Clearly, you're Ninja Turtling incorrectly." - Leo656 Last edited by Jester; 05-02-2007 at 04:09 PM.

05-02-2007, 03:59 PM	#6
VaughnMichael I'm Baaaaaaccck! Join Date: Sep 2003 Location: Pittsburgh, PA Posts: 11,833	come on people this is huge news!

05-02-2007, 04:11 PM	#9
odupianist Mad Scientist Join Date: Apr 2007 Location: Virginia Posts: 1,744	Hell, if I was Mirage, I'd consider it free advertising.

05-02-2007, 04:22 PM	#12
Jester Rat-faced Dude-guy Join Date: Feb 2004 Location: Arkansas Posts: 26,300	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... __________________ "Clearly, you're Ninja Turtling incorrectly." - Leo656

05-02-2007, 05:22 PM	#13
ajistheman Foot Soldier Join Date: Feb 2007 Location: North Dakota Posts: 121	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

05-02-2007, 05:38 PM	#14
Mecha Cow Gorgeous and modest too Join Date: Oct 2003 Location: The Netherlands Posts: 3,699	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. __________________

05-02-2007, 05:39 PM	#15
Cascadia Oregonian in heart & soul Join Date: Feb 2003 Location: Portland, Oregon Posts: 3,731	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). __________________ Formally known as Scientific freak

05-02-2007, 05:48 PM	#16
CyberCubed Overlord Join Date: Dec 2004 Posts: 43,872	I don't see the big deal either. Did this really piss Peter Laird off THAT much?

05-02-2007, 06:38 PM	#17
VaughnMichael I'm Baaaaaaccck! Join Date: Sep 2003 Location: Pittsburgh, PA Posts: 11,833	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.

05-02-2007, 06:57 PM	#18
Ambush Random Punk Join Date: Sep 2005 Posts: 17	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.

05-02-2007, 07:03 PM	#19
Kunoichi_Haruko A shell of a good hit! Join Date: Oct 2006 Location: Richmond, Va. Posts: 1,685	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.... __________________

05-02-2007, 07:04 PM	#20
Revan Han Shot First Join Date: Feb 2006 Location: Paper Street Soap Company Posts: 3,687	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 __________________