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Comcast Battles Godzilla
Trademark owner not fan of new commercial
by Karl Bode Tuesday 11-Aug-2009 tags: business · Oddities · Comcast
Back in March we noted that Comcast was going through an "extreme" makeover to help and improve the company's image, including Twitter use, a new blog and a series of new, more playful ads. One ad in particular features the new Comcast jingle and a giant, familiar-looking lizard that towers over a cartoon city. Normally, Comcast's advertisements just annoy Verizon, but apparently the new campaign has gone and angered Godzilla -- or at least the people who control the Godzilla trademark.
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From Ad Age:

The complaint was filed Aug. 6 in a U.S. District Court in Los Angeles on behalf of Tokyo-based Toho. The motion picture studio argues the cable giant used its trademarked Godzilla character as part of a campaign dubbed "Comcast Town" without permission or paying licensing fees...(Toho's suit) seeks compensation for Comcast's and Goodby's use of what it believes is unquestionably the Godzilla image. Toho also wants an injunction preventing the agency and marketer from "exploiting its valuable character in the future.


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baineschile
2600 ways to live
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Seriously....

Comcast should hire Mothra to fight in court over this

N3OGH
Yo Soy Col. "Bat" Guano
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Re: Seriously....

History shows again and again

How nature points up the folly of men....
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mod_wastrel
Gone fishin'

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Re: Seriously....

Go, go Godzilla...

S_engineer
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Re: Seriously....

said by mod_wastrel:

Go, go Godzilla...
Does this mean the people behind Gamera will go after Comcast for the Slowskys too?
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RARPSL

join:1999-12-08
Suffern, NY
said by mod_wastrel:

Go, go Godzilla...
Also Go, Go, GOJIRA (which is his actual name). He as only renamed Godzilla for the US Audience in 1956 when the US released the 1954 Japanese movie with added Raymond Burr Footage and an English Dubbed Soundtrack. If you saw the 1999 attempt to make a Godzilla Movie, even THEY acknowledged that his name is Gojira (which was morphed to "Godzilla" by a tongue-tied News Reporter who mispronounced the name).

mod_wastrel
Gone fishin'

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Re: Seriously....

When in Rome...
soccerguy

join:2004-06-28
Seattle, WA
I'm waiting for SimCity to sue Comcast for ripping off their game in their adverts.

Hpower
Roflmao

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Glendale, CA

haha

DIE GODZILLA! Fire the lasers!! This made me laugh. Great way to start the day at work.
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Toguro

join:2003-10-23
Ottawa, IL

Bit torrent

So does this make them like bit torrent users, stealing copy written works and all.

cdru
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Re: Bit torrent

said by Toguro:

So does this make them like bit torrent users, stealing copy written works and all.
It's might be trademark infringement, not stealing copy written work.

And piracy infringes on copyrights, not stealing (theft). Well, unless you are actually taking physical property (DVD, CD, book, etc) then it's stealing/theft, not copyright infringement.

mod_wastrel
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Re: Bit torrent

said by cdru:

And piracy infringes on copyrights, not stealing (theft). Well, unless you are actually taking physical property (DVD, CD, book, etc) then it's stealing/theft, not copyright infringement.
Po-tay-toe, po-tah-toe.

BSD24
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Toho - money hungy

Wow, another company wants to sue to make money off of a cartoon. Next they will start asking for any person that draws a picture of what might be considered godzilla to pay a million dollar fine... Toho needs to bug off!
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2 edits

Re: Toho - money hungy

said by BSD24:

Wow, another company wants to sue to make money off of a cartoon. Next they will start asking for any person that draws a picture of what might be considered godzilla to pay a million dollar fine... Toho needs to bug off!
Toho is very aggressive in protecting their product rights:
»www.thresq.com/2009/08/godzilla-···uit.html
In the past, Toho has sued fast food giants, toy manufacturers, the city of Louisville, and the list goes on and on. »reporter.blogs.com/thresq/2008/1···ade.html
The actual complaint filed in court:
»reporter.blogs.com/files/godzill···aint.pdf

Mr Fel
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Re: Toho - money hungy

Read your own reports better, Louisville was sent Cease And Desist letters from Dr. Seuss Enterprises for trying to hold a "How the Grinch Stole Christmas" themed Winter Celebration.
»reporter.blogs.com/thresq/2008/1···ers.html
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ptrowski
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said by BSD24:

Wow, another company wants to sue to make money off of a cartoon. Next they will start asking for any person that draws a picture of what might be considered godzilla to pay a million dollar fine... Toho needs to bug off!
Rest assured that if someone created something that looked like Comcast Town or whatever it was called the roles would be reversed.
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jvanbrecht

join:2007-01-08
Bowie, MD
The difference is that comcast used it for commercial purposes, a kid drawing godzilla can do whatever the hell they want (except try to sell it and make money off it).

Companies who own legitimate trademarks, and lets face it, Godzilla is a legit trademark, have to pursue offenders otherwise they can lose the trademark.

60529262

join:2007-01-11
Chicago, IL
said by BSD24:

Wow, another company wants to sue to make money off of a cartoon.
Try using Mickey Mouse in an ad without Disney's permission. See how fast your head is taken off by a platoon of lawyers.

KrK
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2 edits

Godzilla is coming. And he is pissed!

Godzilla is coming. And he is pissed!

Gbcue
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Re: Godzilla is coming. And he is pissed!

said by KrK:

Godzilla is coming. And he is pissed!
You better take that down before Toho takes DSLR!
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funchords
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1 edit
Click for full size
Sea Monster in upper right of 1562 Map of America by Diego Gutiérrez
said by KrK:


Hmmm, that sure looks like a rendering of a sea monster from the 1562 Map of America by Diego Gutiérrez. Isn't that what this would look like if it were standing up?
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Gbcue
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Re: Godzilla is coming. And he is pissed!

The sea monster clearly has ear holes where-as Godzirra doesn't.

pnh102
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The Comcast ad kinda reminds me of the original SimCity monster.
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tmh

@tmodns.net
said by KrK:

Godzilla is coming. And he is pissed!
Godzilla has awfully fat thighs.

CColon

join:2008-04-20
Philadelphia, PA

Godzilla palette

Godzilla is grey, not green. Screw off, Toho(moar liek ToHOMO amirite?).
Desdinova
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Re: Godzilla palette

So yer sayin' we can put the Colorblind Defense up there with the Twinkie Defense!?
DMWCincy

join:2004-04-27
Fairfield, OH

Re: Godzilla palette

said by Desdinova:

So yer sayin' we can put the Colorblind Defense up there with the Twinkie Defense!?
No, that would completely lose. You must use the Chewbacca defense

60529262

join:2007-01-11
Chicago, IL

Re: Godzilla palette

And then there is the famed Oregano Defense.

ahulett
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(No, yourenotrite.)

Goober
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said by CColon:

Godzilla is grey, not green. Screw off, Toho(moar liek ToHOMO amirite?).
Not absolutely true. Check out these posters: »www.movieposterdb.com/movie/0047···ira.html

grydlok

join:2004-01-06
Richmond, VA
Godzilla is Green.
This is a clear copy of Godzilla. It has the dual spins, short arms. It has thick legs and same exact face.

caster777

@sbcglobal.net

King kong is in the open why not use that or do they want to

King kong is in the open why not use that or do they want to not copy direct.

pokesph
It Is Almost Fast
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Godzilla?

Doesn't look much like Godzilla to me..

See 8 replies to this post

awolfpup
Premium
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Macon, GA

If only someone had checked with their legal dept first..

This is an easy case of copyright/trademark infringement by comcast...

Hope Toho gets everything they get coming to them...

What it really boils down to...this whole thing could very easily have been completely avoided if someone in comcast's advertising dept, had spoken with there internal legal dept. to see if it was ok to use the 'likeness' of a big, green lizard, that even remotely resembles Godzilla.

of course I remember watching the movies up north[Philly, pa] on channel 29 -- creature double feature on saturday afternoon anyone? bad-dubbing included!! hehe...

I suspect the advertising person, probably never saw godzilla...and therefore failed to check with the legal dept before letting this go out on air...

Konichi-wa Godzilla-san!!
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IGGY
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1 edit

They didn't see this coming

I guess they figure they are the all powerful company so they can do what they want. But anyone with half a brain who does some reading knows this is one of the more vigorously protected brands. But Comcast may be protected from any legal claims if this is considered parody. Then again I'm not a lawyer so this will most likely end up being settled out of court. Of course we could also ask where does this all end. Does every reptile like creature that shoots lasers or something similar become suspect and open to litigation?
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Goober
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1 edit

Re: They didn't see this coming

It's not parody and Comcast will lose.

I would have lost my marbles if one of our marketing guys came to me and told me what they had done.

Edit: I noticed though that the Comcast green lizard isn't shown spewing fire. Still, I personally feel that it's problematic and I would have kaboshed this. But, marketing does what it wants many times without asking the lawyers. It's usually only when they get slapped do they come running to us.

GKI
Premium
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Tacoma, WA
Isn't the 'Transformer' like character shooting the lasers?
Mr Matt

join:2008-01-29
Eustis, FL
kudos:1

Wrong trademarked character!

They should have used Porky Pig!

panth1
The Coyote

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Boca Raton, FL

What does Comcast care...

All their subscribers will pick up the tab if there is a judgement against them.

duder

@rr.com

what about

what no JET JAGUAR,

not quite right
I'm not cool enough to be a Mac person

join:2001-06-23
Puyallup, WA
kudos:1

The Jingle

I bet freecreditreport.com sues them next ... cause that jingle sounds just like one of their lame commercials
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AnonymousTrd

@dslextreme.com

Why isn't this article titled "Comcast Pirates Godzilla"

Comcast is always going on about how bit torrent users are pirates who need to be capped or controlled because they are taking copyright material.

If Comcast took the copyrighted Godzilla from Toho, that means Comcast is a pirate too.

Hypocrites

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