Godzilla Rights Owner Slays 'Mechahopzilla' BeerJune 4, 2014 – Article
Before coming to a settlement, the defendant tried out a parody defense. Asked how the beer character made fun of Godzilla, DylanLintern, a vice president at the brewery, offered in deposition, "Because Godzilla is not a hop monster. I mean, you’re asking me to explain humor to you. If you don't get it, I can't help you. I don’t know what you want me to say."
The Japanese company certainly wasn't laughing.
Rebutting the contention that the beer constituted parody, Toho's lawyers stated, "There must be some commentary or substantive sentiment expressed about the underlying protected work. Here, there was none. It is not permissible for a business to simply use someone else’s trademark to attract attention to its own product, regardless of how 'funny' or 'clever' it thinks the use may be."
It's now water under the reptilian-crushed bridge.
Aaron Moss, a partner at Greenberg Glusker who represented the plaintiff, says, "Toho vigorously protects Godzilla and its other characters because they are extremely valuable. The incredible box office results of Legendary's new Godzilla film leave no doubt about this."
To view full article, click here