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If Your Tribute To Pez Gets Too Much Attention, Pez Might Sue
from the ain't-that-fun dept
ChurchHatesTucker alerts us to the news that Pez, makers of the famous candy that comes in dispensers with the breakaway heads, is suing a Pez Memorabilia museum. The original article says it's for copyright violations, but I believe that's wrong. The lawsuit appears to be about trademark. The museum itself is not affiliated with the company that makes the candy (and, in the past, the museum changed its name to highlight the fact that it's Pez Memorabilia, to clarify that it wasn't associated with the actual candy company. However, at issue here is the giant (working) 7-foot mock Pez-like dispenser that is on display at the museum. The candy company seems particularly miffed that the Guinness folks declared it the "world's largest Pez dispenser" recently, with the candy company claiming this is false, since without a license, it's not really a Pez dispenser. Now, the trademark lawyers will rush to say that a company such as Pez needs to defend its trademark, lest it become generic. And that's true. But there are ways that such things can be handled without the company demanding the monument to Pez be destroyed. It's difficult to see what "harm" this 7-foot dispenser is doing to the Pez brand. In fact, just the opposite is likely. So why not just grant the museum a license and embrace the fact that there are fans so into your candy that they'd want to build a 7-foot monument to it? Otherwise you just look like a bunch of bullies.
Reader Comments
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i'll probably never understand the mentality...
Somebody wants to make a museum and a monument to Pez about how much they like them and the only thing the corporate types can thing of is to sue them because they like them too much?
Why do company's think its a good idea to sue customers/fans?
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Re: i'll probably never understand the mentality...
Why do company's think its a good idea to sue customers/fans?
It's the "in" thing to do in a down economy!
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Re: i'll probably never understand the mentality...
Just to play devils advocate on that...
If the museum is not run by Pez then they're free to do what they want. The affiliation is there by brand, but not by actual legal ties. So what if a scenario plays out where the Pez museum decides to start putting unofficial Pez-like stuff in there? Especially if it's offensive in nature (just to go ahead and Godwin my own argument, a Hitler pez dispenser). They'd end up having to take the sort of legal action they're taking now, but the "brand damage" would have already been done.
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That finger's pointing the wrong way
If Guinness is calling it the "world's largest Pez dispenser" and that's what Pez has a problem with, why is the museum getting sued?
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ouch
just got back from the bathroom. i had to take a nasty pez.
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How could it not be a Pez dispenser? It contains Pez candy, and it then dispenses Pez candy. It's a Pez dispenser, license or no license.
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You now need a license to ride that bike.
Now, the trademark lawyers will rush to say that a company such as Pez needs to defend its trademark, lest it become generic.
Huh?
The interwebs are reporting that Pez has been around since 1927. How can it become more recognizable? If they want to go sue someone, they should sue the Orange County Choppers guys for making this monstrosity.
A Pez Motorbike? Tell me the connection between Pez candy and motorbikes, besides someone saying "Let's go burn some money". What are the marketing people thinking?
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Re: You now need a license to ride that bike.
Since PEZ commissioned the bike, I don't think they've got a chance on that one. Sorry.
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Re: You now need a license to ride that bike.
I assume they mean generic in the way people refer to any brand of adhesive bandages as a 'Band-Aid' or say 'Xerox' for any copier. That just seems silly to me. Pez doesn't exactly have so many imitators that the name would become a universal term...
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Re: Re: You now need a license to ride that bike.
Er, I mean to say 'Mike probably means', not 'they'. Anyway, I bet he's right and the trademark lawyers would try to go after them for that, no matter how silly.
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Wow...
Wow. Haven't Pez ever heard of free advertising? Sounds like the people protecting their interests have RIAA ties as well, would explain a lot.
Ah, well. This move will only make Pez not as trendy and nerdy any more.
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That isn't a HUGE pez dispenser, surely a large company can make a bigger one and have the record updated.
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What brand damage? The brand damage that reinforces the term "Pez" in peoples minds? The brand damage that reminds people of the cool little candy dispensers that they loved as a child (and love even now)? Hell, even a Hitler pez dispenser as a non-pc bachelor party gift would convey the Pez message more than the National Socialism message. No such thing as bad publicity indeed.
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Re:
"What brand damage?"
That's a good point. A lot of these "brand dillution" cases aren't really about that at all, its about controlling anything that your brand has touched. This is clearly doing Pez no harm, and probably a great deal of good.
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I support Mike on this one...
I agree with Mike on this one. A license would be easy to do, and Pez could even gain a little control of the museum (in terms of what the museum could and could not offer in terms of products, and perhaps even approval by Pez). Pez should be rushing in to take advantage of a great opportunity.
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Yes, Pez dispenser, those candy dispensers that came topped with the heads of copyrighted characters...damn people bringing attention to something in a different method!
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Animals run from you even if there is no harm intended. This is called "better safe than sorry", and it ensures survival of species.
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both sides need to get a fucking life
wtf, pez, grow the fuck up
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if i make a tony the tiger pez dispenser
Who sue's me first, kellog's or Pez?
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Re: if i make a tony the tiger pez dispenser
Tony...
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I agree with pez. It is a matter of semantics and the memory museum apparently has a spelling problem as well. Just because you can buy knockoff items from china and elsewhere, such as rolex's, jeans, shoes, etc. doesn't mean the knockoff item is the real thing worthy of advertising. If PEZ didn't actually make it then it is nothing but an oversized imitation. PERIOD.
The one at the museum should be stated as being nothing but a display item, and should definitely not be considered a true PEZ product, or even worse the largest ever recognized by the idiots at the wgaf foundation.
I'm sure I could rustle up a pez myself, ship it to china & have them make one that's 50ft tall with Michael Jackson's head on it. It will of course dispense small children. Will I then have the world's largest Pez? no
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There was a movie that showed a video of a band dressed as pez dispensers presumably made by one of the characters. I wonder if they got sued.
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