Post
by xzero » Fri Feb 18, 2011 11:57 am
I am a law expert (no, seriously), so let me take this one. Beforehand, I'll note that this isn't legal advice, and also that because there are international implications, I don't really know for sure how it'd play out for real, but I can give a rough approximation under American law.
Podravka's suit against anyone would fail for a number of reasons. First, Vegeta as a character name was first introduced in 1989. This would be a trademark issue (copyright doesn't protect names), and trademarks last forever. A caveat is that they must be registered with the government and renewed every ten years. Again, this is an international issue, so the latter requirement would be different. The ultimate point is that it's 2011; I don't know what the statute of limitations is, but generally speaking something like this would have lapsed about 20 years ago. Thus, the company couldn't bring suit against them because they 'sat on their rights' for too long.
Second, there isn't any confusion between the character and the condiment. One of the issues is that you'd confuse the allegedly infringing product as the original. An anime character is so unrelated to a condiment, there is no feasible possibility of confusion.
As to the first question about who they would sue, it would depend. Back in 1989, I'd probably have named Toriyama personally, Jump, and probably Toei as defendants. You're not really looking to collect from Toryiama; the idea is to get Jump or Toei to be held liable because they have deeper pockets. But again, this presents a real problem: harm. You can't prove harm in this instance because, like I noted above, no one's going to confuse the two. In fact, people might be more inclined to buy the condiment based on name recognition than they would be to buy it if it were labeled differently, so not only is there no harm, but it's conceivable that there's a benefit. There's no reason to pursue the case because there's nothing to really collect. And again, this is not legal advice to anyone.