Would anyone have a problem understanding Levi-Stauss's perspective if the word "LEVI'S" appeared above the baby? Obey is the name of the company and a registered trademark that appears in a very similar fashion all over Obey Giant products.
You might even recall a line of advertising that Levi's used a while back involving a very similar kewpie doll. And do the Steeler's and the NFL have anything to do with this thing??? I don't even want to start on those discussions.
When I first saw the image that accompanies this article I spent about a minute trying to figure out why Obey Giant was affiliated with the Steelers and this doll creature. There is no doubt in my mind that the doll merchandise would create genuine confusion among Shepard Fairey fans, confuse Steelers fans, confuse Obey customers, and dilute the Obey company's trademark.
There is equally no doubt in my mind that the Hope portrait that Fairey illustrated based on the AP photo by Mannie Garcia will never be confused with the original. It took a concerted effort over about a year of searching by many people to find several possible photos that might have been the original source of inspiration for Fairey.
The original Andre the Giant image was done as a practical joke and ultimately developed a cult following. At that level it was more of a parody than a commercial endeavor. Fairey settled with WWE when they pressed the issue with his use of Andre the Giant and he developed a new iconic image and branding that didn't directly use Andre the Giant's picture or trademarked name to accomplish the same goal in his art.
WWE themselves got into a trademark dispute a few years back when they were still the World Wrestling Federation as you all may recall with the World Wildlife Fund and lost. These things happen in business. It normally isn't personal and people and companies normally don't start out trying to infringe one another's trademarks.
Werner should try putting "McDonald's", "Steeler's" or "NFL" on his doll merchandise and see what happens.
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You might even recall a line of advertising that Levi's used a while back involving a very similar kewpie doll. And do the Steeler's and the NFL have anything to do with this thing??? I don't even want to start on those discussions.
When I first saw the image that accompanies this article I spent about a minute trying to figure out why Obey Giant was affiliated with the Steelers and this doll creature. There is no doubt in my mind that the doll merchandise would create genuine confusion among Shepard Fairey fans, confuse Steelers fans, confuse Obey customers, and dilute the Obey company's trademark.
There is equally no doubt in my mind that the Hope portrait that Fairey illustrated based on the AP photo by Mannie Garcia will never be confused with the original. It took a concerted effort over about a year of searching by many people to find several possible photos that might have been the original source of inspiration for Fairey.
The original Andre the Giant image was done as a practical joke and ultimately developed a cult following. At that level it was more of a parody than a commercial endeavor. Fairey settled with WWE when they pressed the issue with his use of Andre the Giant and he developed a new iconic image and branding that didn't directly use Andre the Giant's picture or trademarked name to accomplish the same goal in his art.
WWE themselves got into a trademark dispute a few years back when they were still the World Wrestling Federation as you all may recall with the World Wildlife Fund and lost. These things happen in business. It normally isn't personal and people and companies normally don't start out trying to infringe one another's trademarks.
Werner should try putting "McDonald's", "Steeler's" or "NFL" on his doll merchandise and see what happens.