It looks like the courts may be working against the Academy of Motion Picture Arts and Sciences and their coveted gold man Oscar. Or at least the word Oscars and how it is used.
The Academy, which aggressively protects its “Oscar” name and image, filed suit against Italian broadcaster RAI International for trademark infringement over its broadcast of several awards programs using the word “Oscar.” Among the programs: Wine Oscars, Fashion Oscars, TV Oscars and Music Oscars, according to AMPAS’ attorney, David Quinto.
RAI International is distributed by satellite firm EchoStar Communications Corp., which is also named as a defendant in the lawsuit. According to the suit, RAI broadcast the “Oscar” shows to U.S. subscribers as well as those in Italy.
In denying AMPAS’ motion for summary judgment, U.S. District Court Judge Audrey Collins wrote that there is no question that the Oscar mark is strong in the English language and, “The use of ‘Oscar’ to describe an award or awards program is arbitrary or fanciful and deserves maximum protection. However, EchoStar has presented evidence showing that the word ‘Oscar’ could be considered generic in Italy and in the Italian language.”
It is argued that the word has different meaning to the Italian people, and therefore should be treated as a different thing. Their use of the word is more generic and doesn’t refer to the movie industry that GENERATED the use of the word, so its not the same thing.
It’s happened to us all. We go into a restaurant and the waitress asks, “anything to drink” and you say Coke. If the restaurant serves any other brand than Coke, the waitress will invariably offer “Is Pepsi ok?” The majority of the cola drinking world will simply accept that. Some indignantly return a “whatever” in disgust that they would bother asking. There are some absurd souls who cannot stand the other brand despite their similarities, but thats just silly.
The point is, we call it Coke. Its not Coke, its cola. A type of soda pop. But we say Coke. But in a movie if someone says “Get me a Coke” its instantly product placement that must be paid for. WHY? Because its a trademarked name and they cannot use it unless its been paid for.
The Italians (or the Italian Broadcasters mentioned anyways) need to grasp this. They want to take the slang use of the word that has become so synonymous with “achievement” and use it to BRAND their Award shows. The Oscars earned that recognition. They have a trademarked name. The Oscars are recognized as the highest achievement in the film industry. This isn’t a co-incidence. The Oscars are named as such BECAUSE of what they are.
If they had a car and called it an Oscar then no, there would be no issue. But they have award ceremonies called Oscars. Had this been something that was ONLY in Italy, then it also wouldn’t be an issue but these awards are being broadcast on networks in North America to reach the Italian market.
Do I have anything against Italy? Not at all. Do I have anything against Trademark Infringement? Yes.
There are many brands that have leaked into our vernacular and are accepted as “real” words. QTips, Kleenex, Coke, and even the Crapper (A porceline toilet was created by John Crapper. Taking a crap came from his name. How’s that for a legacy?)
Oscars is not one of those words. Oscar means the award given by the Academy of Motion Picture Arts and Sciences. I don’t see how they can diminish this word’s value to an adjective and have it still mean AWARD. Irony.
