grinner
06-23-2003, 09:13 PM
NEW YORK (AP) -- Lawyers for television network TNN filed an affidavit Monday by Spike Jones Jr., son of the legendary music satirist, saying it is "frightening" that filmmaker Spike Lee is trying to claim exclusive ownership of the name "Spike."
Lee won a court injunction June 13 that stopped Viacom, the nation's third-biggest media company, from changing TNN's name to Spike TV on June 16 as had been planned. Lee, who direct "Malcolm X" and "Do the Right Thing," claimed the rebranding was a deliberate attempt to hijack his name and reputation.
Viacom said it wanted to change the cable network's name to Spike TV to try to attract more men to an audience that is already about two-thirds male. The company said Lee, whose given name is Shelton Jackson Lee, could not prove that its use of the common name "Spike" referred to him.
Jones said in papers filed in Manhattan state Supreme Court that he and his family own and control the rights to the name, likeness, recorded performances and television shows that belonged to his father, the 1940s and '50s bandleader.
The family has sold an option to film and television rights to Good Medicine Films for production of a biographical movie about his father, Jones said in court papers. He says the tentative title of the movie is "Spike."
"I am very concerned that the court injunction in Spike Lee's case against Viacom and MTV (a TNN-affiliated company) may hinder and interfere with the efforts we have been making for many years to promote, sell and market both my father's work and the autobiographical commercial projects mentioned above," Jones said. "I do not believe that Spike Lee 'owns' or has any individual right to the use of the name 'Spike' or as an individual to prevent its use by others any more than I do. If anything, I believe my right would be superior to his."
Jones continued: "Indeed, I find it frightening that a court would allow Spike Lee to appropriate and acquire an exclusive (and free) ownership interest in the name 'Spike' in the television and entertainment field, preventing others with at least as legitimate an interest in using the name from doing so."
An attorney for Lee did not immediately return a telephone message left at his office Monday evening.
Jones' father had hits with the songs "Yes, We have No Bananas," "Der Fuehrer's Face" and "Don't Hit Your Grandma With a Shovel." "Weird Al" Yankovic might be considered his musical descendant.
Jones said a finding that Lee owns the name "Spike" would affect him professionally and economically. He said he had no objection to TNN being called "Spike TV" and never considered that Lee had any connection with the network when he first heard the name.
Jones' affidavit was filed during a scheduling conference Monday before Justice Walter Tolub. The judge said he would set a trial date on July 7.
Meanwhile, the judge scheduled a hearing for Tuesday on the surety bond Lee was required to post to cover Viacom's losses in case the company wins. Viacom has said the $500,000 Lee was ordered to post was inadequate. The company said it lost $16.8 million in the first week after the judge issued the injunction.
Lee won a court injunction June 13 that stopped Viacom, the nation's third-biggest media company, from changing TNN's name to Spike TV on June 16 as had been planned. Lee, who direct "Malcolm X" and "Do the Right Thing," claimed the rebranding was a deliberate attempt to hijack his name and reputation.
Viacom said it wanted to change the cable network's name to Spike TV to try to attract more men to an audience that is already about two-thirds male. The company said Lee, whose given name is Shelton Jackson Lee, could not prove that its use of the common name "Spike" referred to him.
Jones said in papers filed in Manhattan state Supreme Court that he and his family own and control the rights to the name, likeness, recorded performances and television shows that belonged to his father, the 1940s and '50s bandleader.
The family has sold an option to film and television rights to Good Medicine Films for production of a biographical movie about his father, Jones said in court papers. He says the tentative title of the movie is "Spike."
"I am very concerned that the court injunction in Spike Lee's case against Viacom and MTV (a TNN-affiliated company) may hinder and interfere with the efforts we have been making for many years to promote, sell and market both my father's work and the autobiographical commercial projects mentioned above," Jones said. "I do not believe that Spike Lee 'owns' or has any individual right to the use of the name 'Spike' or as an individual to prevent its use by others any more than I do. If anything, I believe my right would be superior to his."
Jones continued: "Indeed, I find it frightening that a court would allow Spike Lee to appropriate and acquire an exclusive (and free) ownership interest in the name 'Spike' in the television and entertainment field, preventing others with at least as legitimate an interest in using the name from doing so."
An attorney for Lee did not immediately return a telephone message left at his office Monday evening.
Jones' father had hits with the songs "Yes, We have No Bananas," "Der Fuehrer's Face" and "Don't Hit Your Grandma With a Shovel." "Weird Al" Yankovic might be considered his musical descendant.
Jones said a finding that Lee owns the name "Spike" would affect him professionally and economically. He said he had no objection to TNN being called "Spike TV" and never considered that Lee had any connection with the network when he first heard the name.
Jones' affidavit was filed during a scheduling conference Monday before Justice Walter Tolub. The judge said he would set a trial date on July 7.
Meanwhile, the judge scheduled a hearing for Tuesday on the surety bond Lee was required to post to cover Viacom's losses in case the company wins. Viacom has said the $500,000 Lee was ordered to post was inadequate. The company said it lost $16.8 million in the first week after the judge issued the injunction.