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Comic Book Creator Says IRON MAIDEN's Lawsuit Is 'Completely Without Merit'
- May 6, 2009
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A spokesperson representing Jason Rubin, the creator of the Iron and the Maiden comic book, has released a statement to BLABBERMOUTH.NET in reponse to a lawsuit filed by the British heavy metal band IRON MAIDEN. MAIDEN is suing Rubin's comic book company, Iron and the Maiden LLC, because, according to the lawsuit filed in U.S. District Court, the "confusingly similar" name was a ploy used to profit off the band's heavily trademarked name. A spokesperson representing Mr. Rubin and his companies, Iron and the Maiden LLC and Morgan Rose LLC, released the following statement: "The Iron and the Maiden legal team believes that this case is completely without merit. It is outrageous to claim ownership of the well-known term 'Iron Maiden,' a medieval torture device that predates rock and roll by centuries and is part of world culture, legend, and lore. "The comic book at the center of this case, 'Iron and the Maiden', is set in an alternate universe 1930s. The main character, Michael Iron, and his maiden, Angel Chase, are two very different characters forced together by circumstances. The title is a play on the torture device. Any rational person who looks at the property at www.ironandthemaiden.com will immediately understand how ridiculous the assertions made in the complaint are." IRON MAIDEN wants Iron and the Maiden LLC to stop using the Iron And The Maiden name to sell its comic books, video games and other merchandise. Not only do they wish the materials pulled, but they are also seeking an undisclosed amount for damages/costs. 
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with pertinent details.
Anyone posting such material will be immediately and permanently banned. IP
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COMMENT |
posted by :
5/6/2009 1:43:25 AM
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bruce dickinson is satan
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COMMENT | Marsallah
posted by :
5/6/2009 1:46:55 AM
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Exactly what I thought when I read about the lawsuit yesterday - someone in the IM management has overreacted: the band took their name from an existing object, after all - they can't copyright that!
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COMMENT |
posted by :
5/6/2009 2:12:03 AM
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Having looked at the 'Iron and the Maiden' website, i agree with their spokesman.
I think the comic has taken nothing from the bands image or name, and 99% of the kids buying the comic won't know who Iron Maiden are.
'This case is completely without merit'
I think Maiden need to drop the case ASAP, before they embaress themselves like Metallica did with Napster.
I'm a massive Maiden fan by the way.
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COMMENT |
posted by : juanneman
5/6/2009 2:15:03 AM
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He may be right, BUT we are talking here about ownership of a name: who got it first? The band. Are they right to complain? That´s subjective.
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COMMENT |
posted by : Eckstatic
5/6/2009 2:25:52 AM
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The only people unfairly profiting off the name "Iron Maiden" is the band Iron Maiden. Come on guys, really, put it to rest. How many live DVDs of the same songs can you release every year? And nobody goes to see you for your new stuff.
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COMMENT | eckstatic
posted by :
5/6/2009 2:40:20 AM
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what the fuck has their live dvds got to do with this thread?
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COMMENT |
posted by :
5/6/2009 2:40:52 AM
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"we are talking here about ownership of a name"
Well, it's not really the same name, is it?
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COMMENT |
posted by :
5/6/2009 2:51:00 AM
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Jesus Christ, I am a huge Iron Maiden fan, but there is no way they are in the right on this case.
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COMMENT | pfff
posted by : fokk
5/6/2009 2:51:45 AM
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give me a break. iron maiden also gave the name to a medieval torture device didnt theys?
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COMMENT | Eh...
posted by : ~CAIN~
5/6/2009 2:57:24 AM
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I say let the comic book name slide. But the tattoo on that comic book character... I'm guessing "Iron" is his name... that tattoo has GOT to be infringing on Kerry King's tribal arm tattoo! I see a HUGE law-suit coming from Slayer that infringement! The Iron Maiden name thing is marginal, but that copy-cat tattoo has just crossed the line!
I love comic books.
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COMMENT | lmao
posted by : Ultimate Warrior
5/6/2009 3:06:59 AM
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good thing no one reads or cares about comics.....or they'd have a Metallica/Napster situation on their hands. Your typical Maiden fan is probably dumb enough to try and defend them though....Henry Rollins explains it well.
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COMMENT |
posted by :
5/6/2009 3:17:10 AM
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the problem here is not the content of the comic..nor the "actual" name of the comic,the problem is the appearance of the 2 boldly emblazoned words "IRON" and "MAIDEN" that immediately catch the eyes of millions of people world-wide. surely a 2nd glance would make
clear that there is no affiliation w/ the band...but, if it weren't for that
1st "eye-catching" glance...there would,of course, be no 2nd
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COMMENT | Well...
posted by :
5/6/2009 3:23:45 AM
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How much can you trade mark your name when you stole it from another object?
Up next: BLACK and the SABBATH
Also starring: ALICE and the COOPER
And lastly: MORBID and the ANGEL
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COMMENT |
posted by :
5/6/2009 3:48:38 AM
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"If you think otherwise, maybe should talk to the makers of Metallica eye liner or Metallica tires."
You don't see any difference between a new made up word (Metallica) and a well known, commonly used term? That's just stupid.
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COMMENT | Correction
posted by :
5/6/2009 3:50:48 AM
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Not "a new made up word" but a name introduced from latin to English. Anyways, there is a major difference.
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COMMENT | eckstatic
posted by :
5/6/2009 3:52:31 AM
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Ah, here is Eckstatic in this thread, once again, trying to pretend that Iron Maiden aren't an international legend. This isn't fucking Foghat we are talking about here....so regardless of what you think of this case, your attempts to call Iron maiden old and frail only make you look like a fucking dumbshit.
But seriously, this comic does look generic as hell. I still think "Eckstatic" is the writer or something.
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COMMENT |
posted by :
5/6/2009 3:57:39 AM
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someone was saying "no one goes to see them play new songs" .. i didn't even bother quoting that person's name .. because he/she doesn't deserve it. go to any venue website or wikipedia or whatever shit, and see that the AMOLAD tour 2007 was sold out for every single show.
and if u are wishing that they will stop, forget about it .. they are miles ahead of ANY band currently active. there is no reason to stop.
'nuff said. there is no point in visiting this thread EVER again because its the haters who post their bullcrap everywhere. on Metallica threads u have Metallica haters, on Megadeth threads u have theirs, and now this.
Its not hard to guess the kind of music you guys listen to. and yea one more thing, get a life.
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COMMENT | Iron Maiden wants your money
posted by : JudasRising
5/6/2009 4:08:18 AM
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Uh Huh, how can you be sure that the comic book makers knew about the existence and popularity of the heavy metal band Iron Maiden? Maiden is not a household name (like AC/DC or Kiss). Only heavy metal fans know who this band is. Perhaps the title of this comic book is indeed just a play on the age-old expression Iron Maiden instead of a reference to the band.
In any case, people who defend the band because "it's the decision of their management and the band members have nothing to do with it" are clueless. Managements work for the band and carry out their instructions, not the other way around. Apparently, Iron Maiden has instructed its management to try and squeeze money out of any opportunity that comes along, such as this one. That should come as no surprise, given the huge amount of Iron Maiden compilation albums, live-cd's and live-dvd's that are flooding the markt in an attempt to get as much money from their fans as they possibly can. And don't blame the record company for that either, as the band has signed contracts that allow the record company to do that (so they are ultimately responsible for every new compilation album that gets released).
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COMMENT |
posted by : trooper2000
5/6/2009 4:25:55 AM
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THEY NEED TO CHILL OUT A BIT.. THEY CAN'T POSSIBLY THINK THAT THEY WILL LOOSE MONEY FROM A COMIC BOOK.. AFTER ALL THEY ARE VERY RICH.. HOW GREEDY THEY CAN BE?
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COMMENT |
posted by : Mister Groping
5/6/2009 4:34:55 AM
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Regardless of who is right and wrong, I think this is going to be a major PR disaster for the band - just ask Metallica about suing people and how the fans turned against them. Maiden have always said that they don't do this for the money - but the music. Obviously not...
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COMMENT | Slaughteroth
posted by : abigllama
5/6/2009 4:46:48 AM
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Yes you fuck wads agree with him or then how about you go back to smokin' the "special treat" and eating your "hawiian pretzels", then when you're done you should continue to "hump his mom"
Quick how many goofy names can you toss out for smoking weed so he can prove that Maiden has a case!
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COMMENT | let's open a book
posted by :
5/6/2009 4:54:16 AM
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"because trademark law protects the capacity of suppliers to use their marks to communicate effectively with customers, trademark infringement actions focus on the extent to which the marketing efforts of defendants cause confusion in the marketplace by disrupting the trademark owner's signaling ability . . . even harder are cases that involve the use of the same (or similar) signals on goods that are not the same - in some instances, not even in competition with one another."
"In deciding the issue of likelihood of confusion, the Court is guided by the multi-factor test set forth by Judge Friendly in the classic case, Polaroid Corp. v. Polarad Elecs. Corp. The so-called "Polaroid Factors" for determining whether the likelihood of confusion exists consist of eight criteria: strength of the mark, degree of similarity, proximity of the products, likelihood that prior owner will enter the market, actual confusion, defendant's good faith, quality of defendant's product, and sophistication of buyers."
Fundamentals of Modern Property Law, 5th ed.
So what do all you budding legal minds think now?
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COMMENT |
posted by : Garcia
5/6/2009 5:23:27 AM
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Exactly, Bruce Dickinson is satan.
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COMMENT | Easy case.
posted by : Dee67
5/6/2009 5:28:09 AM
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Maiden wins if it even goes to court.
LLC's are lame and almost like the first admission of guilt.
But the bottom line is using the two words IRON and MAIDEN so huge and obvious IS absolutely crossing the line in trademark land. The owners of the comic can say whatever they want while they are milking their 15 minutes of fame - but it's not about the contenet of the book, it's the name - period.
If it wasn't for the band Iron Maiden (and their heavily trademarked BRAND) the term and device wouldn't be nearly as "well known".
The words DOCTOR and PEPPER are well known words too, but make your comic book DR. and the PEPPER and you'll have another team of lawyers owning your ass.
Enjoy your 15 minutes of fame and then back out with urine streaming down your leg in fear before it makes it into court, disolve the LLC and move on with PLAN B.
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COMMENT |
posted by : TheGreyArea
5/6/2009 5:30:29 AM
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A bit shocked and let-down to read this
Never really been a huge maiden fan. But have always been really endeared to their attitudes and what I thought they had represented over the years.
Their allowing this case to proceed pretty much punches that respect square in the face. Pretty fucking weak
I’d understand if it was another band’s name maybe? Or another medium that was grossing massive profit, but THIS IS A FUCKING COMIC BOOK!!!! How does that measure up against the MILLIONS maiden make from their SLIGHTLY similar name, merchandise, DVD’s, CD and CONCERT TICKETS FOR FUCKS SAKES
GROW UP! THIS ISN’T HOLLYWOOD!
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COMMENT | Iron Maiden will win
posted by : FreedomOfSpeech
5/6/2009 5:54:15 AM
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I assure everyone of that fact.
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COMMENT | This is fucking stupid.......
posted by : The Govner
5/6/2009 6:15:22 AM
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I can see it if the font was the same as Iron Maiden's logo but this is a stretch!
By the same logic Maiden should be sued any time they play "The Prisoner" "Lord of The Flies" "The Wicker Man" or any other song they wrote based on a movie!
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COMMENT | I see your point Slaughtertooth....
posted by : The Govner
5/6/2009 6:40:01 AM
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Iron Maiden did profit from the "intellectual" property of other people while nobody even heard of this comic until Maiden filed a lawsuit against them! But I guess any press is good press to Brucie.....
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COMMENT | Happy
posted by :
5/6/2009 6:49:44 AM
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Comic book : medieval torture device. Funny guys.
Anyways, they ought to be glad with this lawsuit as it brings them huge attention.
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COMMENT | Eckstatic
posted by :
5/6/2009 7:00:03 AM
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You are a moron! People who complain about a band releasing too much material need to just STOP listening to music. If you like a band why would you not want them to release dvds, cds, etc. as often as they can? Stupid! Why not find something real to complain about. Also ALL of their shows for their last album which they played all of SOLD OUT! Once again if people didn't want to see them play their new album why did it SELL OUT? STUPID! Iron Maiden are still going strong creating great music compared to the last couple Bruce albums before he left all of the reunion material has been so much better.
As for the lawsuit it is shady but I understand especially with the logo because from far away you just see Iron Maiden which is where this whole lawsuit probably originates from.
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COMMENT | why wont people understand?!
posted by :
5/6/2009 7:07:29 AM
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This is the nature of the business and any company with a trademark or brand. The whole reason they pay all of the money for the trademarks and copyrights is to protect it. Any big band or company probably has people that work for them that do nothing but try to find copyright infringements so that it keeps the brand or trademark intact. The guys busted their ass for years and years THEY ARE IRON MAIDEN... PERIOD... if you people only knew that bands, companies, etc sue for this stuff all the time and most of the time without YOU knowing. Now everyone hates Maiden because of some sob story but the deal is look at his logo he made it asking for trouble. It doesnt have to be the same FONT as some guy said it has to say Iron Maiden and honestly from first glance you read IRON MAIDEN and barely see the "and the" part. If you were in a band and owned a trademark/copyright to a name who have spent your entire life working hard to build up you might not like to see something like this... TWO SIDES TO EVERY STORY PEOPLE TWO SIDES... everyone here reads something and instantly is one track mind and brainwashed... just because modern media has manipulated your minds to always believe everything you see/read does not mean it is always true.
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COMMENT | This is SO lame
posted by :
5/6/2009 8:18:05 AM
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I am a HUGE Maiden fan but think this is ludicrous. The spokesperson is ABSOLUTELY right - 'Iron Maiden' is a device that has existed for centuries. Look at the link provided - it's obvious the comic has NOTHING to do with the band or Eddie for that matter.
This is actually a huge let down for me. Will Maiden become the next KISS? NO ONE has bought this comic book because they mixed it up with the band, and if they did they must be as retarded as this lawsuit.
Damn, I'm actually saddened by this....
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COMMENT | slaughteroth
posted by :
5/6/2009 8:39:50 AM
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hes right. simple. READ HIS EXPLANATIONS PROPERLY. why cant some of you stupid fucking thicko's understand the logic that the name, Iron Maiden Holdings, is a trademark? they own the name to stop others from trying to use their name, or parts of it to gain financially themselves?
Iron Maiden Holdings ARENT trying to make money out of this, how ridiculous a statement that is..theyre trying to stop ANYONE gaining popularity or finanicial gain by using THEIR own brand.
i hope Iron Maiden Holdings win, in fact..theres no hope..they WILL win
UP THE IRONS!
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COMMENT | slaughteroth
posted by :
5/6/2009 8:40:28 AM
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hes right. simple. READ HIS EXPLANATIONS PROPERLY. why cant some of you stupid fucking thicko's understand the logic that the name, Iron Maiden Holdings, is a trademark? they own the name to stop others from trying to use their name, or parts of it to gain financially themselves?
Iron Maiden Holdings ARENT trying to make money out of this, how ridiculous a statement that is..theyre trying to stop ANYONE gaining popularity or finanicial gain by using THEIR own brand.
i hope Iron Maiden Holdings win, in fact..theres no hope..they WILL win
UP THE IRONS!
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COMMENT |
posted by :
5/6/2009 8:45:00 AM
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hmm, my name is Michael, which is an archangel. So I'm going to contact my lawyers about suing Rome and the catholic church for using my name over the centuries! I want reparation!
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COMMENT | KINGSNAKE
posted by :
5/6/2009 8:49:21 AM
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that just shows your ignorance of whats been said so far. pathetic answer from you.
are you trading yourself?
grow up and next time you want to join in an adult debate..come up with something logical. dopey
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COMMENT |
posted by : rds
5/6/2009 8:49:31 AM
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you know, one must wonder what is being said during the intro to : The Dualist? and who is saying this?
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COMMENT |
posted by : Fani Dilth
5/6/2009 9:14:58 AM
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IRON and the
MAIDEN
These numb skulls just need to make all words in the title the same size and be done with it. First glance it reads IRON MAIDEN.
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COMMENT | Even if the creators were using their name to sell books...
posted by : snipershot
5/6/2009 10:54:02 AM
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who cares?What if it was an homage to the band? Maybe they're pissed that it's not an homage to them and that the name actually came from the same place that they got it from.
This is an independant comic company that is going to have enough problems going up against Marvel/DC/Dark Horse/Image. Give them a break! They probably won't survive long as it is. Maiden is becoming the Wal-Mart of the metal world.
Maybe Marvel should go after every band from Sweden because they have a song about Thor.
BTW - more people than fans of heavy metal know about Iron Maiden. To think otherwise is preposturous.
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COMMENT |
posted by : kwf
5/6/2009 11:19:52 AM
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I'm glad I don't depend on all you douche the bags to watch out for my best interests......Copyright/Trademark search.....I'd sue your asses to the edge of earth if you infringed on my copyrights....You think anybody else wouldn't?
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COMMENT | assholes
posted by :
5/6/2009 11:24:50 AM
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This is a just a shameless excuse to extort money from the comic book company. Instead of bullying nerdy entrepreneurs to pad their bank accounts, they should stick to riding their legacy from 25-year-old accomplishments and save their energy for the brainwashing of the few minions who continue to think that this band is relevant or talented.
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COMMENT | NOTICE:
posted by :
5/6/2009 11:37:02 AM
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In conducting research for purposes of this thread, I have decided to trademark the name of another medieval torture device, the "rack". Please be advised that any future use of the word "rack", whether to describe kitchen accessories or the female anatomy, will result in immediate legal action by my attorneys.
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COMMENT | One must defend trademark or they loose it
posted by : thesloth
5/6/2009 12:24:48 PM
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My understanding of trademark law is one must defend it or risk loosing it. This is not about right or wrong or image or trying to profit from Iron Maiden's name. If Iron Maiden did not at least make an attempt then what happens if someone does try to use Iron Maiden in the name for that purpose. Then that company can point at the comic book and say well what about these guys you never went after them.
In the end I suspect the comic book will win and they should. However it allows Iron Maiden to say look we tried to stop it the courts ruled against us in this case but we are defending our trademark
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COMMENT | ...
posted by :
5/6/2009 1:02:14 PM
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Iron Maiden *did* get the rights to The Prisoner...and indeed asked Frank Herbert if they could call `To Tame a Land` "Dune" but he refused because he hated rock music.
It`s naive to call a comic book IRON and the MAIDEN and expect the band not to get arsey about it. Maiden have sold some 80 million albums worldwide and hit the top 10 in almost every country...of course people know who they are...and indeed identify the name more with the band than the torture device.
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COMMENT | hahaha
posted by : daginman
5/6/2009 1:07:34 PM
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Bruce n the boys needs another jet!
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COMMENT |
posted by : Mister Groping
5/6/2009 1:44:20 PM
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"Iron Maiden Holdings ARENT trying to make money out of this"
Yes they are, they are claiming damages.
The situation is that Maiden will have to prove beyond reasonable doubt that they have incurred a loss because of this comic. How they can prove that is beyond me.
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COMMENT | C'MON
posted by :
5/6/2009 2:05:49 PM
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The comic guy have a point, but c'mon, WE ALL know he is trying to cash in from the name, before this, I didn't even knew there was this magazine, anyway, look well "IRON -big letters- and the -small letters- MAIDEN -big letters again" I think it's pretty obvious. "IRON and the MAIDEN".
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COMMENT |
posted by :
5/6/2009 2:14:51 PM
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rod stop fucking around.
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COMMENT | MAIDEN can do no wrong and the band members are Gods
posted by :
5/6/2009 4:22:30 PM
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but that said, their management deserves to lose this case. I'm sure the band themselves had nothing to do with it. They are Gods after all. Stupid of the management to bring this frivolous case, I will agree.
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COMMENT | Hey, while they're on a roll...
posted by :
5/6/2009 6:32:58 PM
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... Why don't they sue Capcom, for using Iron Maidens in Resident Evil?
Or, better yet. Why don't they sue the medieval makers of the original Iron Maiden?
Lame.
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COMMENT |
posted by : RiotAct666
5/6/2009 8:57:00 PM
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Iron Maiden will win!
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COMMENT | Well...
posted by :
5/7/2009 6:04:27 AM
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I kind of think Iron Maiden should drop it with this one. There's no ghouls that look like Eddie in the book. It caught my eye for a second at the comic store, because the words "Iron" and "Maiden" are very prominent on the cover, but that's where it ends. The logo is dissimilar and the book is obviously not related to any Maiden songs or anything of the sort.
I am a huge fan of the band Iron Maiden, and I read a lot of comics. I've never bought this comic book and I never would. Anybody who could mistakenly think this comic has anything to do with the band would be a dumb dumb person.
Again, Maiden should drop it. And do a tour where the fans vote for the set list.
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COMMENT | Slaughteroth
posted by : abigllama
5/8/2009 2:55:30 PM
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Go back to watching the Simpsons and taking notes, I'll go back to humping your mom. It's not an argument, it's a fact. She gives great head and spends lots of time on my balls.
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COMMENT | Really
posted by :
5/13/2009 3:21:20 PM
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Slaughteroth you are mindless idiot!
IM will never win this case!
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COMMENT | OMG! The Holy Grail of TROLLS!!1! Do want! (^__^)
posted by :
5/27/2009 6:50:31 AM
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Hi there,
First, this thread is an epic TROLL! So much nonsense from both sides makes it a hilarious reading throughout. It made my day. Thanks for that!
Anything worth saying about the case itself has pretty much been said already, except for this:
Calling the comics series "IRON (and the) MAIDEN" with "and the" almost undecypherable in the logo was a really stupid move on Aspen Comics' part. It makes it obvious that the name they really wanted to use was "Iron Maiden", but they didn't DARE to do so. At least if they had actually called it "Iron Maiden", then the whole "it's a well-known term, you don't own it" debate would have had a decent reason to take place. But by feeling they needed to disguise it in this way, they implicitly acknowledged that using the IM name would have been a potential copyright infringement. So it's going to be very difficult to convince anyone, let alone a judge, that they didn't do it on purpose.
Alternately, if they had really wanted to call it Iron AND THE Maiden, then they would surely have been proud enough of their wordplay to make it readable, don't you think?
Now, on to commenting the comments! :)
snipershot: "This is an independant comic company that is going to have enough problems going up against Marvel/DC/Dark Horse/Image. Give them a break! They probably won't survive long as it is."
—> Iron (and the) Maiden is being published by ASPEN Comics, the company started by fan-favorite artist Michael "WitchBlade" Turner. Their flagship title FATHOM has been a huge hit for years and is soon to become a big Hollywood superhero movie starring Megan "Transformers" Fox. They also happen to produce a line of Heroes webcomics for NBC (based on the massive hit TV show) and have secured some high caliber collaboration deals with both DC and Marvel. Furthermore, tragic as it is, the recent passing of creator Michael Turner got the company of lot of media attention and sympathy which, strictly from a sales point of view, had a positive impact. The Iron Maiden lawsuit itself is also likely to get them more publicity and sympathy than it will cost them money. So I wouldn't worry too much about them. ^_^
priest_metalhead: "someone was saying "no one goes to see them play new songs" [...] the AMOLAD tour 2007 was sold out for every single show."
No one said that people didn't go to see them at all. The point is, ACTUAL metalheads in the audience go see them to bang their heads one more time to, say, "The Trooper" or "Phantom of the Opera", or whatever great song they'll happen to play that particular night. Certainly NOT to the hundredth 10+ minutes long dilution of the "Fear of the Dark" riff Steve Harris came up with. But there are plenty of clueless noobs who cherish those shameless fillers, I'll give you that. ;)
Vorphalack: "regardless of what you think of this case, your attempts to call Iron maiden old and frail only make you look like a fucking dumbshit."
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priest_metalhead: "and if u are wishing that they will stop, forget about it .. they are miles ahead of ANY band currently active. there is no reason to stop. [...] Its not hard to guess the kind of music you guys listen to."
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longsincedark: "People who complain about a band releasing too much material need to just STOP listening to music. If you like a band why would you not want them to release dvds, cds, etc. as often as they can?"
—> If you guys can neither hear nor understand the difference between masterpieces of historical relevance like the debut, 'Killers', 'Piece of Mind' or 'Powerslave' and the pathetic, diluted, greedy self-ripoffs that Maiden has been releasing for most of the past 20 years now... Lucky you! Ignorance is bliss, and Maiden isn't the exception, here: most legendary bands of the 80's have long turned into a commercially-driven parody of themselves by now. That makes a lot of "great stuff" for your kind to enjoy! ;)
Eckstatic: "The only people unfairly profiting off the name "Iron Maiden" is the band Iron Maiden. Come on guys, really, put it to rest. How many live DVDs of the same songs can you release every year? And nobody goes to see you for your new stuff."
—> I couldn't agree more. :)
uh huh: "I think I'll open a chicken shack called "old MCDONALD'S". After all, everyone's heard of old MCDONALD who had a farm. And fried chicken has nothing to do with hamburgers. No one will sue me, right?"
—> Not only did you perfectly sum up the case, you also made me laugh like crazy, so thanks for that! And good luck with your brand. ;)
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