Among the licensees is the National Entertainment Collectibles Association, which sells Hunger Games calendars, card games, action figures, bookmarks, board games, bags, watches, necklaces, earrings, bracelets and, yes, a replica of the Mockingjay Pin. The lawsuit says that in March and April , the defendants attempted to purchase merchandise from NECA, which refused the request.
We feel this is unlawful given the equal rights bestowed to retail competitors under the Sherman Antitrust Act, specifically the subdivisions of the Robinson Patman Act. We feel it is flagrantly unlawful that almost every one of our competition is selling an item that we have to sign a disclaimer to not sell in the same venue.
Lionsgate says that it then learned that the defendants were offering counterfeit Hunger Games merchandise for sale online.
In the quest to build a just society, is literally anything justifiable? There is a certain irony, too, in the massive commercial success of a song that owes its life and its meaning to a story that, by pitting a tyrannical and ostentatious upper class against an impoverished working class, displays more than a little discomfort with capitalism.
This article was originally published on December 10, Skip to main content. Close close Donate. Listen Live: This American Life. Close Close. This American Life Value this story? The Mockingjay pin thereafter became associated with Katniss. It could even be said that the Mockingjay pin was unintentionally transformed into a political symbol that was appropriated by the rebels in their revolution — could Katniss plausibly claim infringement through these uses?
She technically volunteered for the Games, even if under duress. Presumably the Capitol would argue that she volunteered to give up all her rights in her name and likeness to participate in the Games in honor of her District. As noted above, the transfer of publicity rights does not have to be in writing and can be assigned through an oral agreement.
Katniss could readily claim that she did not knowingly transfer her publicity rights. She might also plausibly claim that the Capitol of Panem failed to provide sufficient consideration to her in exchange for these rights. Of course, after winning the 74 th Hunger Games, the Capitol provided her a mansion and food for life. They even provided a fancy wedding dress for her wedding to Peeta and a personal stylist in Cinna.
There was no evidence that the Capitol used her name to sell hair products or archery products or clothing. Of course, after the 75 th Hunger Games, Katniss was still the most famous person in Panem, but her approval rating within the city limits of the Capitol plummeted, so it is unlikely the Capitol saw any commercial value in using her name or likeness for pecuniary gain thereafter.
Which brings us to the other side. What rights did Katniss have when she became a refugee in District 13? District 12 was destroyed after the 75 th Hunger Games. Her childhood home was gone. She was no longer welcome in the Capitol. The mysterious District 13 took her and her family in. And that cat. Almost immediately afterward, President Coin and Gamemaker Plutarch Heavensbee asked Katniss to be the face of the revolution.
Skip to content. Brand logos have always had a well-known presence at the U. Patent and Trademark Office. But did you know that sounds can be trademarked as well — legally registered as representing a company or product? For example, the Mockingjay whistle from "The Hunger Games.
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