I hate this cry baby: Durant sued over the name "Durantula!"

[t-rex]

From TMZ


Durant was sued today in Federal Court by a guy named Mark Durante -- a guitarist who, according to the lawsuit, was a big deal in the 80s ... playing with Public Enemy, The Aliens, The Next Big Thing, and (our favorite) The Revolting Cocks.

TMZ obtained a copy of the lawsuit, in which Durante says he adopted the name "Durantula" for his "on-stage and performance persona" -- and has used it to market "music, recordings, apparel, t-shirts, guitars, and related merchandise."

Meanwhile, sports fans have adopted the handle for the Oklahoma City Thunder star and current NBA scoring champ.

Durante claims he sent KD's people a couple letters "demanding they stop using the nickname" -- but says Durant's reps claimed he wasn't using it.

In the suit though, Durante claims Nike has used the moniker to launch a shoe campaign -- and KD himself signed "Durantula" on basketballs that are for sale through his website.

The guitarist says he registered the "Durantula" trademark. He's suing for damages and an injunction stopping KD from using the name.

Full story here:
http://www.tmz.com/


My take: Kevin Durant can't help what people call him. The idea that anyone knowingly took the nickname from this no-name guitarist is absolutely absurd. I hope the guy loses in court. I don't care about his trademark.

[stallionaire]

Lol I'm never gonna stop screaming 'DURANTULA' when the boy extends and slams it from the freethrow line. We gave him the nickname, he didn't coin it.

[YAWN]

this random dude is just looking for some easy coin via a settlement.

[Scholar]

:confusedshrug: Can you blame him for suing? He sees KD has millions; he knows he personally doesn't have millions. What's a good way of getting at least a few grand in "damages"?

Sue somebody.


I won't say I'd do the same, but I'm not surprised somebody would.

[RaininTwos]

Dude got sued over one of the shittiest nicknames ever?:oldlol:

[Pushxx]

He does have it trademarked. I can understand if Durant didn't sign balls as stuff with it.

I'm gonna side with the crazy guitarist on this one.

[Maniak]

durantula is a terrible nickname anyways.

[IGOTGAME]

He does have it trademarked. I can understand if Durant didn't sign balls as stuff with it.

I'm gonna side with the crazy guitarist on this one.

i agree.

nike should have seen this coming.

[50inchvertical]

I live here and have never heard or seen of anything with Durant embracing the nickname. some announcers call him that, there are tons of shitty no name brand (i.e Jerzees shirt with iron ons) shirts that say it, but I've never seen KD sign anything with it, answer to it, or any official products. There might be though. I have seen some jackets with him and spider legs though. Either way, **** this dude

[andgar923]

From TMZ


Durant was sued today in Federal Court by a guy named Mark Durante -- a guitarist who, according to the lawsuit, was a big deal in the 80s ... playing with Public Enemy, The Aliens, The Next Big Thing, and (our favorite) The Revolting Cocks.

TMZ obtained a copy of the lawsuit, in which Durante says he adopted the name "Durantula" for his "on-stage and performance persona" -- and has used it to market "music, recordings, apparel, t-shirts, guitars, and related merchandise."

Meanwhile, sports fans have adopted the handle for the Oklahoma City Thunder star and current NBA scoring champ.

Durante claims he sent KD's people a couple letters "demanding they stop using the nickname" -- but says Durant's reps claimed he wasn't using it.

In the suit though, Durante claims Nike has used the moniker to launch a shoe campaign -- and KD himself signed "Durantula" on basketballs that are for sale through his website.

The guitarist says he registered the "Durantula" trademark. He's suing for damages and an injunction stopping KD from using the name.

Full story here:
http://www.tmz.com/


My take: Kevin Durant can't help what people call him. The idea that anyone knowingly took the nickname from this no-name guitarist is absolutely absurd. I hope the guy loses in court. I don't care about his trademark.

But if somebody is gonna make money off his trademark why hate him for it?

I'd understand if they weren't making money, but people are gonna profit from it, he should get paid.

How would you like it if you came up with an idea and other people profited from it and didn't give you a cent?

[outbreak]

So if the japanese beef marker get unbanned from exporting to the u.s and register Kobe as a trademark in the u.s can they then sue Kobe Bryant for using it?

[DirkNowitzki41]

'The Revolting Cocks' :biggums:

[Myth]

I could not be friends with a guy who sues somebody because he sees flashes of money rather than because of actually being entitled to the money. I'd be ashamed to sue somebody that hasn't actually caused me harm just because I want easy money.

[IGOTGAME]

I could not be friends with a guy who sues somebody because he sees flashes of money rather than because of actually being entitled to the money. I'd be ashamed to sue somebody that hasn't actually caused me harm just because I want easy money.
I don't think you understand what a trademark is....

[Bernie Nips]

I'm with the guitarist on this one. I don't think Durant did anything knowingly, but the fact that he's signed balls with Durantula in order to make profit from them, that's a pretty clear violation of the trademark.

[noob cake]

He does have it trademarked. I can understand if Durant didn't sign balls as stuff with it.

I'm gonna side with the crazy guitarist on this one.

Yes, if it is indeed trademarked and Nike/Durant has been using it. They'll settle this out of court for most likely pocket change.

[NumberSix]

He has the shit trademarked. If you don't wanna get sued, don't use his shit.

[entropy35]

i thought he didn't even like being called durantula

[senelcoolidge]

The guy that is suing and his joke lawyer should both get thrown in jail.

[Haymaker]

It's not like Durant is signing guitars and drumsticks. He's signing balls.

[GabeIsGone]

Isn't a 'trademark' only protected within the 'trade' in which it was filed? Basketball=/=Musician?

[GabeIsGone]

It's not like Durant is signing guitars and drumsticks. He's signing balls.
^Basically this.

[flipogb]

It's not like Durant is signing guitars and drumsticks. He's signing balls.
maybe the guitarist did too, says there he played for a band called Revolting Cocks

[Clippersfan86]

You guys remember years ago when a street baller tried to sue Iverson over the nickname "The Answer"?

[Myth]

I don't think you understand what a trademark is....

I understand just fine. I just think it is stupid to sue when it has no impact on you. This asshole is essentially suing Kevin Durant over a coincidence.

[dude77]

I understand just fine. I just think it is stupid to sue when it has no impact on you. This asshole is essentially suing Kevin Durant over a coincidence.

would you want your trademarked name associated to your business to be associated to something else simultaneously ?

[All Net]

He can't sue the fans and media calling him it. Never seen durant stating that's his nickname.

[bagelred]

My take: Kevin Durant can't help what people call him. The idea that anyone knowingly took the nickname from this no-name guitarist is absolutely absurd. I hope the guy loses in court. I don't care about his trademark.

Suing somebody to get money you didn't earn is the American way. This is his right AS AN AMERICAN. Do you hate America?! Do you? Well, then go back to whereever you came from!!!

Socialist Fascist Nazi Commie bastard!!!!

[senelcoolidge]

People that put up these frivolous lawsuits should be jailed and fined..and their lawyers should lose their licenses to practice. Lawyers are disgusting.

[LosBulls]

I'm about to make a living off trademarking catchy nicknames that haven't been used and 30 years later make millions.

[HylianNightmare]

I live here and have never heard or seen of anything with Durant embracing the nickname. some announcers call him that, there are tons of shitty no name brand (i.e Jerzees shirt with iron ons) shirts that say it, but I've never seen KD sign anything with it, answer to it, or any official products. There might be though. I have seen some jackets with him and spider legs though. Either way, **** this dude
http://www.nfljerseysget.com/nba%20jerseys/Nba%20Oklahoma%20City%20Thunder%2035%20Durantula%2 0Black%20Jerseys.jpg

[MannyO]

This guy is a nobody tryna get his 30 mins of fame and a lil cash. Decide to sue on the day of an elimination game for the Thunder, what a distraction.

[LosBulls]

http://www.nfljerseysget.com/nba%20jerseys/Nba%20Oklahoma%20City%20Thunder%2035%20Durantula%2 0Black%20Jerseys.jpg
Damn that jersey looks sick.

[LBJDW305]

Wow that's just horrible...dude couldn't wait till next damn week? Seriously I hope the announcers call him durantula the whole damn game. And mention how the guys name and revolting cocks Prove he takes it up his

[Rake2204]

Isn't a 'trademark' only protected within the 'trade' in which it was filed? Basketball=/=Musician?
I would like to hear more on this. I am relatively unfamiliar with the inner workings of trademarks. My initial thought would be to admit it does not sound as if it'd be legal for Kevin Durant to use the "Durantula" moniker on something he's selling, though I'm not thinking he was trying to profit off the name itself.

[Real Men Wear Green]

http://www.nfljerseysget.com/nba%20jerseys/Nba%20Oklahoma%20City%20Thunder%2035%20Durantula%2 0Black%20Jerseys.jpg
This is an Adidas-produced jersey. Durant is not an Adidas athlete. The guy has a case if he has a trademark but he should maybe be suing these companies more than Durant.

And the nickname does suck.

[MaxFly]

He does have it trademarked. I can understand if Durant didn't sign balls as stuff with it.

I'm gonna side with the crazy guitarist on this one.

Unfortunately, I have to agree. The gentleman does have it trademarked and that could be a sticking point. However, the interesting thing would be to see whether he has continued to use the name, whether it has continued to bring him money of late, and whether Durant's use of the nickname hurts the gentleman financially.

[IGOTGAME]

I would like to hear more on this. I am relatively unfamiliar with the inner workings of trademarks. My initial thought would be to admit it does not sound as if it'd be legal for Kevin Durant to use the "Durantula" moniker on something he's selling, though I'm not thinking he was trying to profit off the name itself.

doesn't matter what trade it is in.

here is a link to the trademark if anyone is interested.

http://tess2.uspto.gov/bin/showfield?f=doc&state=4010:fms0d0.4.1

For some reason I thought this guy had trademarked the name a while ago. He actually trademarked it in 2008. Well, regardless, someone should have taken care of this. It is one of the first things one does when putting out any product or starting any business.

I wonder if he is suing OKC Thunder too?

[2LeTTeRS]

Isn't a 'trademark' only protected within the 'trade' in which it was filed? Basketball=/=Musician?

Don't both of those professions fit into the larger gambit of "entertainer." For as slimy as it seems to some people, this man is just asserting his legal right that came with his trademark.

[t-rex]

Good info within the thread. Thanks!:cheers:

[The_LA_Blakers]

Regardless of what you think, if you thought of it first and a huge company like Nike uses your idea, you are owed some $.


That's just how it works. I hope the guitarist wins.

[Rondo'd]

All he did was sign some basketballs that he did not personally sell? Neither Durant nor Nike are directly trying to use the name Durantula to make a profit. I'm no lawyer, but I have a hard time seeing this really grossing him all that much money.

[The_LA_Blakers]

All he did was sign some basketballs that he did not personally sell? Neither Durant nor Nike are directly trying to use the name Durantula to make a profit. I'm no lawyer, but I have a hard time seeing this really grossing him all that much money.



I know I've heard that name used in commercials before. And did you see the Adidas jersey above?


Dude is going to win. Good for him!

[Rondo'd]

I know I've heard that name used in commercials before. And did you see the Adidas jersey above?


Dude is going to win. Good for him!

Is that a product on a website somewhere or was it a custom made jersey?

[The_LA_Blakers]

Is that a product on a website somewhere or was it a custom made jersey?



It's got a mannequin and the adidas symbol in full site. I somehow doubt Adidas would let that fly without them getting some kind of monetary gain.

[Rondo'd]

It's got a mannequin and the adidas symbol in full site. I somehow doubt Adidas would let that fly without them getting some kind of monetary gain.

I understand what your saying but like is that a jersey an individual ordered to have the name "durantula" on the back or is it something that is officially a product like in an online jersey store? I mean somebody could have easily had a custom made Durantula jersey and just put it on a mannequin and took a picture of it. There is a huge difference between somebody trying to sell jerseys with the name on it and an individual fan just wanting a custom made Durantula jersey.

[Real Men Wear Green]

It's got a mannequin and the adidas symbol in full site. I somehow doubt Adidas would let that fly without them getting some kind of monetary gain.
In which case he could sue Adidas and maybe the NBA and OKC as well but Durant has a Nike contract so he's not making money off of that beyond whatever percentage of revenue the overall NBAPA gets off jersey sales.

[04mzwach]

If he's giving away balls with Durantula on there. There's nothing that guy can do about it. Go sue Nike, you prick. :lol

[DCL]

gay ass lawsuit

[Cangri]

I can't believe some people would do this bullsht lawsuits, hope he loses big money paying his lawyer and don't get any money from Durant or Nike.

[NumberSix]

I can't believe some people would do this bullsht lawsuits, hope he loses big money paying his lawyer and don't get any money from Durant or Nike.
This kind of mentality is exactly why most people on ISH are abysmal failures.

Obviously most of you don't have the slightest lick of business sense.

He has it trademarked. It's his.

[Inspector Rick]

Who cares about trademarks... who's more relevant... a shitty guitarist from the 80's... or Oklahomas very own DURANTULA!

You better look out! He's gonna get you shitty guitar man.

[RoseCity07]

It's ridiculous that you can trade mark a nickname.

[NumberSix]

It's ridiculous that you can trade mark a nickname.
Why? You think it would be better if you could have 30 guys runnin' around named "Jay-Z", "Dr. Dre" or "Snoop Doggy Dogg"?

[lakerfreak]

a guitarist who, according to the lawsuit, was a big deal in the 80s

This part says it all right here.

[NumberSix]

This part says it all right here.
What exactly does it say?

[Derrick]

What exactly does it say?
That the guy is crazy thinking he was a big deal? I never heard of Durantula :lol

[NumberSix]

That the guy is crazy thinking he was a big deal? I never heard of Durantula :lol
When did he ever say he was a big deal? Where did that part come from?

[t-rex]

What about cases like in Boxing?

Sugar Ray Lenard

Suger Ray Robinson


What about the NFL?

Jake "The Snake" Plummer

Kenny "The Snake" Stabler

Heck, wrestling... Jake "The Snake" Roberts.



We have had "Rocky" Marciano the real boxer from the 1950s,.... "Rocky" the movie theater boxer, and "The Rock" who is a popular WWE wrester who frequently goes by the name Rocky.


Question... In the NBA, who's Superman? Dwight Howard or Shaquille O'neil? Should DC comics be in court right now over the issue? Do we have the right to call D-Wade "Flash?" Or Jordan and Pippen "Batman and Robin?"

Paul Pierce is called "The Truth." Wasn't there also a boxer called Carl "The Truth" Williams?


The lawsuit is a joke. If this is allowed to stand, you could literally sue for anything. Nobody better ever refer to any NBA player as an "assassin." I was once called an assassin on the playground courts in 3rd grade and am claiming ownership.:oldlol:

:facepalm


http://www.landoflegends.com/catalog/cwilliams1tyson.jpg
Carl "The Truth" Williams fought Mike Tyson in the late 1980s


http://i.cdn.turner.com/sivault/multimedia/photo_gallery/0906/locker.room.celebrations/images/NBA-Finals-Basketball.jpg
Paul Pierce known as 'The Truth" won an NBA championship in 2008


http://www.sportsnola.com/imagesnov/sports/nfl/ken_stabler_raiders.jpg
Kenny "The Snake" Stabler played quarterback for the Raiders in the 1970s

http://www.notinhalloffame.com/UserFiles/Image/article_images/WWE/Jake%20Roberts.jpg
WWF Wrestler Jake "The Snake" Roberts


LET THE LAWSUITS FLY!!:facepalm

[NumberSix]

What about cases like in Boxing?

Sugar Ray Lenard

Suger Ray Robinson


What about the NFL?

Jake "The Snake" Plummer

Kenny "The Snake" Stabler

Heck, wrestling... Jake "The Snake" Roberts.



We have had "Rocky" Marciano the real boxer from the 1950s,.... "Rocky" the movie theater boxer, and "The Rock" who is a popular WWE wrester who frequently goes by the name Rocky.


Question... In the NBA, who's Superman? Dwight Howard or Shaquille O'neil? Should DC comics be in court right now over the issue? Do we have the right to call D-Wade "Flash?" Or Jordan and Pippen "Batman and Robin?"

Paul Pierce is called "The Truth." Wasn't there also a boxer called Carl "The Truth" Williams?


The lawsuit is a joke. If this is allowed to stand, you could literally sue for anything. Nobody better ever refer to any NBA player as an "assassin." I was once called an assassin on the playground courts in 3rd grade and am claiming ownership.:oldlol:

:facepalm


http://www.landoflegends.com/catalog/cwilliams1tyson.jpg
Carl "The Truth" Williams fought Mike Tyson in the late 1980s


http://i.cdn.turner.com/sivault/multimedia/photo_gallery/0906/locker.room.celebrations/images/NBA-Finals-Basketball.jpg
Paul Pierce known as 'The Truth" won an NBA championship in 2008


http://www.sportsnola.com/imagesnov/sports/nfl/ken_stabler_raiders.jpg
Kenny "The Snake" Stabler played quarterback for the Raiders in the 1970s

http://www.notinhalloffame.com/UserFiles/Image/article_images/WWE/Jake%20Roberts.jpg
WWF Wrestler Jake "The Snake" Roberts


LET THE LAWSUITS FLY!!:facepalmDo you understand what a trademark is?

[t-rex]

Do you understand what a trademark is?


Yup, I sure do. (And I understand that legally he has a case.) I just wish the system had some common sense.:facepalm

I'm sure its just a coincidence the lawsuit is occurring right now.:facepalm

[NumberSix]

Yup, I sure do. (And I understand that legally he has a case.) I just wish the system had some common sense.:facepalm

I'm sure its just a coincidence the lawsuit is occurring right now.:facepalm
Add to it that "Durantula" isn't even a real word. If it was just a generic word like "snake", that would be one thing, but when you specifically trademark a word like "Durantula" that only exists in that it's listed as a trademarked IP, there's no wiggle room.

It's his. You can't use it. If you do, you gotta pay.

[t-rex]

Add to it that "Durantula" isn't even a real word. If it was just a generic word like "snake", that would be one thing, but when you specifically trademark a word like "Durantula" that only exists in that it's listed as a trademarked IP, there's no wiggle room.

It's his. You can't use it. If you do, you gotta pay.

Are surprised a company like Adidas didn't look into this first? I think that no-name guitarist is going to get one heck of a payday.

[Real Men Wear Green]

Durante has the basis for a case, and a court order could be issued preventing Durant and Nike from using that nickname without coming to some agreement with Durante. I just don't see how it can be proven that they're making money off of Durante's "fame," so if money is awarded for past damages it shouldn't be much. I am a little reminded of when Diamond Dallas Page sued Jay-Z over the "rock" hand symbol.

[04mzwach]

I guess if he has a federal trademark, the guy might have a case. I couldn't find any merchandise other than this here. He must be strapped for cash though. Nike lawyers should find a settlement they can agree on. They've got enough money, obviously.

http://epic.nikemedia.com/player_durant.php

Pretty crazy though. The nickname is plastered across a lot of shirts that aren't Nike.

[IGOTGAME]

Are surprised a company like Adidas didn't look into this first? I think that no-name guitarist is going to get one heck of a payday.

here is a good article on the matter...


Oklahoma City Thunder star Kevin Durant was undoubtedly spending Thursday preparing for the tip-off in Game 5 of the NBA Finals, which his team must win to stay alive against the Miami Heat. But his lawyers are most likely reviewing a new trademark suit filed against Durant and Nike by a guitarist who's been known on stage as "Durantula" since the 1980s, a persona he officially trademarked in 2010. Sometimes, however, the law is a cruel game, and the original Durantula could end up not protecting his mark -- but losing it.

The suit, filed Wednesday in federal court in Chicago, claims that Durant, Nike and another of Durant's sponsors -- the memorabilia company Panini America -- are unfairly infringing musician Mark Durante's trademark DURANTULA by using that nickname on items like basketballs and photographs and in shoe campaigns, including one that features a cartoon superhero named Durantula. (The commercial also depicts a cartoon "Sir Charles" Barkley in a crown and purple-and-gold Santa-like suit.)

Durante, according to the complaint, is a long-time Chicago musician who has been a member of such well-known bands as Public Enemy. He has released albums under the name Durantula and has maintained the website durantula.com for more than 10 years. Durante has asserted rights to a "common law mark" on Durantula in connection with music, recordings, apparel, T-shirts and related merchandise, as well as a "registered mark" on music, ringtones, sound recordings and the like.

Though the complaint, filed by Durante's lawyers at Drinker, Biddle & Reath, leaves little doubt that Durante has been using the moniker for decades, his suit is no slam dunk. For starters, it might be difficult to show that anyone would confuse a 23-year-old basketball phenom with a middle-aged rocker, especially since Durante's officially registered mark is for uses related to music and accompanying promotional items. Even if a mark itself is identical, there is still a question of whether consumers will actually be confused, said intellectual property litigator Joseph Gioconda of the Gioconda Law Group.

To prove there is confusion, Gioconda said, Durante is likely to rely on the theory known as reverse confusion, asserting that the "second comer," Durant, has become so popular that his use dwarfs that of the "senior user," Durante. In other words, the "confusion" stems from people believing that the older and less-known guitarist is ripping off the younger sports superstar.

The origin of the nickname for Durant may be a key to the case. According to the complaint, when Durant's representatives were notified of the alleged infringement on several occasions, they said that Durant had never used Durantula as a nickname or authorized any company or media outlet to use it. Even though that would seem to contradict the fact that Durant's sponsors are using Durantula and they are paying him, his representatives' responses could give some insight into their defense of the suit, said trademark expert Harley Lewin of McCarter & English. Durant may be able to assert that the nickname really developed organically from wide use by fans and commentators and took on a public life of its own. That could support an argument that "Durantula" has passed into the public domain, so Durante's mark should be canceled, Lewin said. In other words, if Nike started using it after it was already widely used by the public, no harm, no foul.

This isn't the first basketball-and-nickname legal story of the year. New York Knicks player Jeremy Lin got a crash course in the importance of trademark when his streak of brilliance resulted in local tabloids going Linsane for Linsanity. (Our Reuters colleague Carlyn Kolker took a fun look at whether Carlynsanity was a trademark opportunity for her.) Lin eventually filed to trademark "Linsanity" -- we'll have to see if Kevin "Durantula" Durant does the same.

But first he's got a game to play.

We reached out to Panini and Kevin Durant's agent at Landmark Sports Agency, but did not hear back. Drinker Biddle also did not immediately comment. Nike declined to comment.

(Reporting by Erin Geiger Smith)

[t-rex]

here is a good article on the matter...

:bowdown:

Outstanding read. Thank you for the insight. This was a very good contribution. Its good see Durant has a legit legal chance to shut this ridiculous lawsuit down.

[NumberSix]

Lol @ this lawyer trying to claim public domain just because it is widely used by the public. Lol. How dumb can you be?

The Happy Birthday song is widely used by the public, but that doesn't make it public domain. You still have to pay royalties if you use it in a broadcast or any promotional material.

This guy is reaching.

[t-rex]

Lol @ this lawyer trying to claim public domain just because it is widely used by the public. Lol. How dumb can you be?

The Happy Birthday song is widely used by the public, but that doesn't make it public domain. You still have to pay royalties if you use it in a broadcast or any promotional material.

This guy is reaching.


So if they look back over all of the NBA games that have been on TV, if any announcer has said the word "durantual" can he sue ABC, TNT, ESPN etc. for copyright infringement? :facepalm

Or is this proof that the word is a part of the public domain? If 10,000 people in OKC are chanting "durantula," how many have ever heard of this guitarist? Doesn't that strengthen the public domain argument?

Just asking?:confusedshrug:

[NumberSix]

So if they look back over all of the NBA games that have been on TV, if any announcer has said the word "durantual" can he sue ABC, TNT, ESPN etc. for copyright infringement? :facepalm
No.

I'm not Jay-z and I don't own any rights to the "Jay-Z" name, but I can say it as much as I want. What I can't do is use it in promotional materials or merchandise.


Or is this proof that the word is a part of the public domain? If 10,000 people in OKC are chanting "durantula," how many have ever heard of this guitarist? Doesn't that strengthen the public domain argument?
No. IP laws don't only apply due to popularity.

1 billion people in a boxing arena can scream "Let's get ready to rumble" all they want. That doesn't make it public domain.

[t-rex]

No.

I'm not Jay-z and I don't own any rights to the "Jay-Z" name, but I can say it as much as I want. What I can't do is use it in promotional materials or merchandise.


No. IP laws don't only apply due to popularity.

1 billion people in a boxing arena can scream "Let's get ready to rumble" all they want. That doesn't make it public domain.


Thanks!:cheers:

[B]

He has the shit trademarked. If you don't wanna get sued, don't use his shit.This is correct. Durant's agent and Nike dropped the ball on this.