- January 19th, 2011, 10:53 pm#297086
I received an email Tuesday night from the Executive Vice President of Litigation for Sony / Columbia Pictures stating that it was brought to their attention that our group (The Suncoast Ghostbusters) was using the logo and images owned by Sony / Columbia Pictures to "promote services provided by Suncoast Ghostbusters."
I then proceeded to call and leave voicemails at the Litigation department. Later in the day Wednesday I received a call back from a Paralegal who works in that office (who I will not name but call SONY PL). This is some of the excerpts from our conversation that is paraphased when necessary and not meant to represent an offical statement by Sony / Columbia Pictures:
ME: In the letter you guys said we were promoting our services, but we aren't offering any services. We volunteer our time to support cancer research charities (The ACS and the LLS). Nothing we do is for profit.
SONY PL: The issue then is using the trademarked image of the ghost in the prohibition sign and the word "Ghostbusters" for any kind of self promotion on your website even if you are just volunteering your time.
ME: But our logo is a modified version of the "no ghost" logo.
SONY PL: We passed it around our office and had everyone look at it and we felt it was too close to our trademark. Also, we did see the "no ghost" logo in use in some of your photos, such as the arm patches and the logo on the car door.
ME: Are you trying to say that I can't have the "no ghost" logo on my personal car for personal use?
SONY PL: .... Let's just say, we'd prefer if you didn't.
ME: But there are so many other groups and clubs out there using their variation of the "no ghost", as well as the actual "no ghost", and the title "Ghostbusters", why would you pick on us when we are only a month old and haven't even done an event yet?
SONY PL: We are aware of the other groups who use this, and technically they are all in violation of the trademark too, but they have not been brought to our attention.
She was more than courteous and seemed really sympathetic to our cause and how we represented the Ghostbusters franchise, but once someone brought it to their attention, they seemed bound to act according to the interests who control the actual trademarked image and title. I let her know our group would comply and she indicated all we needed to do was remove our logo and stop using the phrase "Ghostbusters" on our website and everything would be ok.
Some of the things I learned from this:
- If someone issues a formal complaint to Sony, they are forced to investigate on behalf of their controlling interests and do what they need to do to protect their trademarks (Can't fault them for that).
- They are aware of the use of their trademarks but seem to want to turn a blind eye to its use unless someone specifically complains about a group or person, which means someone turned in our group in particular and they don't just roam the internet looking for violations.
- All groups using the "no ghost" logo or an relative variation of it and/or the phrase "Ghostbusters" is in violation of their intellectual property and can be told to remove that content. Of course she would not say to what degree the logo must be altered, as I have heard everything from 30% to 40% alteration, but she did say she recommended we just replace the logo with an empty prohibition sign.
- Sony does not care what your group is or is not doing by representing Ghostbusters, whether making a profit or just doing charity events, any publication of their images and phrase on your website is considered promotion and is a violation.
- Sony does not officially endorse any fan franchise and there is no process to appeal to them to do so.
So someone deliberately "turned us in" in order to try to get us shut down, and of course the Sony PL would not confirm or deny who it was, but I have a strong idea of who it was. The question now becomes, what's to stop this person, or anyone for that matter, from reporting any of the other franchises, websites, clubs, etc and having us all shut down? And has anything like this ever happened to another Ghostbusters group/website before? I can't think of an instance of this happening.
Again, nothing in the above text is meant to represent an official statement from Sony / Columbia Pictures.
PM me if you need additional information.
I then proceeded to call and leave voicemails at the Litigation department. Later in the day Wednesday I received a call back from a Paralegal who works in that office (who I will not name but call SONY PL). This is some of the excerpts from our conversation that is paraphased when necessary and not meant to represent an offical statement by Sony / Columbia Pictures:
ME: In the letter you guys said we were promoting our services, but we aren't offering any services. We volunteer our time to support cancer research charities (The ACS and the LLS). Nothing we do is for profit.
SONY PL: The issue then is using the trademarked image of the ghost in the prohibition sign and the word "Ghostbusters" for any kind of self promotion on your website even if you are just volunteering your time.
ME: But our logo is a modified version of the "no ghost" logo.
SONY PL: We passed it around our office and had everyone look at it and we felt it was too close to our trademark. Also, we did see the "no ghost" logo in use in some of your photos, such as the arm patches and the logo on the car door.
ME: Are you trying to say that I can't have the "no ghost" logo on my personal car for personal use?
SONY PL: .... Let's just say, we'd prefer if you didn't.
ME: But there are so many other groups and clubs out there using their variation of the "no ghost", as well as the actual "no ghost", and the title "Ghostbusters", why would you pick on us when we are only a month old and haven't even done an event yet?
SONY PL: We are aware of the other groups who use this, and technically they are all in violation of the trademark too, but they have not been brought to our attention.
She was more than courteous and seemed really sympathetic to our cause and how we represented the Ghostbusters franchise, but once someone brought it to their attention, they seemed bound to act according to the interests who control the actual trademarked image and title. I let her know our group would comply and she indicated all we needed to do was remove our logo and stop using the phrase "Ghostbusters" on our website and everything would be ok.
Some of the things I learned from this:
- If someone issues a formal complaint to Sony, they are forced to investigate on behalf of their controlling interests and do what they need to do to protect their trademarks (Can't fault them for that).
- They are aware of the use of their trademarks but seem to want to turn a blind eye to its use unless someone specifically complains about a group or person, which means someone turned in our group in particular and they don't just roam the internet looking for violations.
- All groups using the "no ghost" logo or an relative variation of it and/or the phrase "Ghostbusters" is in violation of their intellectual property and can be told to remove that content. Of course she would not say to what degree the logo must be altered, as I have heard everything from 30% to 40% alteration, but she did say she recommended we just replace the logo with an empty prohibition sign.
- Sony does not care what your group is or is not doing by representing Ghostbusters, whether making a profit or just doing charity events, any publication of their images and phrase on your website is considered promotion and is a violation.
- Sony does not officially endorse any fan franchise and there is no process to appeal to them to do so.
So someone deliberately "turned us in" in order to try to get us shut down, and of course the Sony PL would not confirm or deny who it was, but I have a strong idea of who it was. The question now becomes, what's to stop this person, or anyone for that matter, from reporting any of the other franchises, websites, clubs, etc and having us all shut down? And has anything like this ever happened to another Ghostbusters group/website before? I can't think of an instance of this happening.
Again, nothing in the above text is meant to represent an official statement from Sony / Columbia Pictures.
PM me if you need additional information.