Humble and Generous Jonathon

[admiralkosmos]

http://www.redbankgreen.com/redbankgreen/2007/07/does-bon-jovi-n.html#more

http://www.dailyrecord.com/apps/pbcs.dll/article?AID=200770719009

http://rikraffmusic.typepad.com/thehairmetalblog/2007/07/hes-not-your-jo.html

I swore I wouldn't say his name again so I won't. But this is ridiculous.

The pettiness of his walking into the Zubu joint in Red Bank, seeing this and then not calling the guy and talking to him (like a real New Jersey guy would do) and see if something could be worked out but instead, contacting his hotshot L.A. attorney to bully the guy - it's all about him and money 24/7. I like the irony of "It's My Life" being an Animals title. lol This is a great example of someone showing their true colors, which in his case just happens to be green.

Next time I'm in Red Bank today to visit my mom at the hospital, I'm buying a case of this!

[TWC]

See, on this one, I have to disagree. Alone, "Mijovi" is fine and would not have been a problem for the guy. But to compliment it with "itsmilife" as part of his marketing/product line, that oversteps what is legally fair. It creates a false association. It cannot credibly be suggested that the "itsmilife" phrase had an innocent, non-Bon Jovi-associated origin. At a minimum, it's Lanham Act unfair competition; it's probably trademark infringement.

thatsmiview,

TWC, fellow esq. to kosmos

[admiralkosmos]

See, on this one, I have to disagree. Alone, "Mijovi" is fine and would not have been a problem for the guy. But to compliment it with "itsmilife" as part of his marketing/product line, that oversteps what is legally fair. It creates a false association. It cannot credibly be suggested that the "itsmilife" phrase had an innocent, non-Bon Jovi-associated origin. At a minimum, it's Lanham Act unfair competition; it's probably trademark infringement.

thatsmiview,

TWC, fellow esq. to kosmos

Factually you're dead right and let's not forget the Sherman AntiTrust Act, which Dean Mayer had a fascinating seminar with only 4 students that I got into. But it's the spirit here. It's obvious the juiceman is full of s when he says it's named after his girlfriend and the "itsmilife" is garbage too. But it's just his whole attitude that continues to stink to high heaven.

Stayed tuned for his next album "Dead Ringer or Alive"

Cute with 'that'smiview" - lol

[BrlDsguise]

While I do think it seems petty to go after the guy - doesn't not doing it open the door for others to use his name?

Wayne

[TWC]

Right, sort of another corrolary of trademark law. Use it or lose it, in a sense.

[admiralkosmos]

Well I just sauntered in today to Zubu and bought my two collectors' items. It's the same kind of can as a Red Bull and there's a butterfly on it. "Mijovi - the energy drink of coffee lovers", it says. And as for the other offending phrases, the cutey behind the counter had to point it out to me (I couldn't even find them)

It's a thin line of text in sort of faded silver against a black back drop - and it says in run on nonsense letters: "it'smienergy, it'smijovi, it'smilife" with a "tm" after it.

Also, The Mijovi Company is copyrighted (according to the can) and it's distributed by United Mijovi of America, LLC. It's also formulated in Switzerland, whatever that means.

Now how do you suppose they got a trademark on that if it wasn't already applied for? There is the possibility they just put it on there but I wouldn't bet on it.

Besides "It's My Life" isn't trademarked as a phrase, soda and soft pop aren't the same, it's not like Mijovi is taking any business FROM BJ (in fact, it could be seen as promoting the sissy) and there's no opportunity for confusion. At WORST he's trying to capitalize on Mr. Bongiovanni's name (too ashamed to keep his real Italian roots-name? You bet! He's STAH!!) which, in today's market, I think is worth very little (unless it's for hair care products or girlie men products).

But all this boils down to is not the law, for me. It's what the Cash Register Cutie said: "The guy who sells this is sooo nice and we've havent' sold all that much until this. And I used to like [He Whose Name I Can Not Utter] but now I think he's just a jerk." Amen, Sister.

And imagine this. Bruce walks in and sees something called "Springsteencola", what's he going to do? He'll talk the guy or have his people talk to them and it goes away quietly. Maybe. Or mabye he wouldn't give a rat's hindquarters because he's busy MAKING MUSIC FOR THE AGES.

[admiralkosmos]

Right, sort of another corrolary of trademark law. Use it or lose it, in a sense.

corollary. :rolleye2:

I can do that. I know ewe!

[BruceFan79_99]

And imagine this. Bruce walks in and sees something called "Springsteencola", what's he going to do? He'll talk the guy or have his people talk to them and it goes away quietly. Maybe. Or mabye he wouldn't give a rat's hindquarters because he's busy MAKING MUSIC FOR THE AGES.

It's LocalHero Cola buddy ... get it right!! :)

or is that localherocola backstreetscola borntoruncola ??

[TWC]

Well I just sauntered in today to Zubu and bought my two collectors' items. It's the same kind of can as a Red Bull and there's a butterfly on it. "Mijovi - the energy drink of coffee lovers", it says. And as for the other offending phrases, the cutey behind the counter had to point it out to me (I couldn't even find them)

It's a thin line of text in sort of faded silver against a black back drop - and it says in run on nonsense letters: "it'smienergy, it'smijovi, it'smilife" with a "tm" after it.

Also, The Mijovi Company is copyrighted (according to the can) and it's distributed by United Mijovi of America, LLC. It's also formulated in Switzerland, whatever that means.

Now how do you suppose they got a trademark on that if it wasn't already applied for? There is the possibility they just put it on there but I wouldn't bet on it.

Besides "It's My Life" isn't trademarked as a phrase, soda and soft pop aren't the same, it's not like Mijovi is taking any business FROM BJ (in fact, it could be seen as promoting the sissy) and there's no opportunity for confusion. At WORST he's trying to capitalize on Mr. Bongiovanni's name (too ashamed to keep his real Italian roots-name? You bet! He's STAH!!) which, in today's market, I think is worth very little (unless it's for hair care products or girlie men products).

But all this boils down to is not the law, for me. It's what the Cash Register Cutie said: "The guy who sells this is sooo nice and we've havent' sold all that much until this. And I used to like [He Whose Name I Can Not Utter] but now I think he's just a jerk." Amen, Sister.

And imagine this. Bruce walks in and sees something called "Springsteencola", what's he going to do? He'll talk the guy or have his people talk to them and it goes away quietly. Maybe. Or mabye he wouldn't give a rat's hindquarters because he's busy MAKING MUSIC FOR THE AGES.

[CAREFUL DISCLAIMER: The following message board blog entry is not legal advice, is not to be relied upon, does not create any attorney-client relationship and is offered for discussion purposes only ... and to give Kosmos a good laff.]

It's not trademarked. The "tm" - more typically, "TM" in 9-pt. Superscript font, just means they assert a common law trademark right under State law. Anyone can do that without any trademark application or awarded registration. With an application pending or to be pending, what they are or would be pursuing is a federal trademark with the U.S. Patent and Trademark Office. If successful, over what will be JBJ's opposition, then a federally registered trademark entitles the recipient to use an "R" in a circle for registered.

Copyright, which applies to original works of authorship as opposed to marks and I assume was intended to apply to the artwork on the product, is similar to "TM" in the following sense. Anyone can put a "C" in a circle on a work, which is notice that you have a copyright in it. In fact, it's stronger than a "TM" for a mark because a copyright is actually self-created once you create the work (even if you don't use the "C" in a circle). A federally registered copyright just gives you a range of greater rights.

It's a shame that Mijovi felt the need to use the "itmilife" - especially considering how small it is on the label - because that really makes JBJ's case stronger. And to JBJ's likely claims for trademark infringement and Lanham Act unfair competition, you might also add misappropriation or violation of right of publicity (that cool right was created in New Jersey in a 1981 opinion involving the Elvis Presley estate after Elvis's death).

TWC

[Flamingo Lane]

The whole thing is ridiculous! What about all the other peeps in the world with similar names to him? Do they all have to go and change their names? What if they are older then him? and didn't he cop the title of "It's My Life" from another song of a similar title by "The Animals and did they sue him??? Is he suing "No Doubt" who has a song of the the same name? He is such a "pretty boy narcissist". It is all about Jon. Very unhealthy.
FL

[gator1220]

How about Bruce Boost."cut loose with some juice". Do you think i would get sued?

[admiralkosmos]

The whole thing is ridiculous! What about all the other peeps in the world with similar names to him? Do they all have to go and change their names? What if they are older then him? and didn't he cop the title of "It's My Life" from another song of a similar title by "The Animals and did they sue him??? Is he suing "No Doubt" who has a song of the the same name? He is such a "pretty boy narcissist". It is all about Jon. Very unhealthy.
FL

I really like the non-judgemental positive appraisal of his narcissism as unhealthy, Flamingo. That's actually correct. He's causing himself and those connected to this tempest in a teapot undue aggravation.

And it wasn' t just a similar title - it was THE EXACT same title! lol And of course, as usual, what famous real rock and roll star originally used to pay homage to the Animals by covering the tune in concert? Hmm. Let me think. I'm getting sleepy....how about some Mijova Jolt Cola! :hah: :throwup:

[admiralkosmos]

How about Bruce Boost."cut loose with some juice". Do you think i would get sued?

Well, a long time ago in a galaxy far far away, there was a radio station called WNEW here in the NYC area and they used to have a Bruce Juice segment with Dave Hermann in the morning. Bruce would sometimes call in himself for a goof. But I think there was actually, likely just as a promo item, an actual can of Bruce Juice. Now, I know this was obviously to promote Bruce so sure it would get his blessing but anyone got a shot of that?

[Krazy_Janey]

The whole thing is ridiculous! What about all the other peeps in the world with similar names to him? Do they all have to go and change their names? What if they are older then him? and didn't he cop the title of "It's My Life" from another song of a similar title by "The Animals and did they sue him??? Is he suing "No Doubt" who has a song of the the same name? He is such a "pretty boy narcissist". It is all about Jon. Very unhealthy.
FL


Hmmmmmmm I wonder if he'd sue me for having a kid that looks like him???? :D :D :D

[ohio boss]

Hmmmmmmm I wonder if he'd sue me for having a kid that looks like him???? :D :D :D

Hi Janey--if you need a participating donor for the act--let me know. LOL.:roll: BTW, good to see ya on here--you and Doc have been hiding way too much.

[Krazy_Janey]

Hi Janey--if you need a participating donor for the act--let me know. LOL.:roll: BTW, good to see ya on here--you and Doc have been hiding way too much.



Thanks for the donor offer :D :roll: ... but the kid already exists and as he gets older is looking more and more like JBJ which isn't a bad thing I guess... but my closest friends really enjoy teasing me about the Jersey boys and where my loyalties really lie ;)

[admiralkosmos]

Hmmmmmmm I wonder if he'd sue me for having a kid that looks like him???? :D :D :D

It would have to be a girl with well coiffed hair and a blank, expressionless pate!

[Flamingo Lane]

Actually "Bruce Juice" came in a small OJ type carton and I still have one. I remember walking out of MSG and being exhausted and thirsty, I was disappointed to find it empty and only a promo item. :)
I wonder if Tropicana sued WNEW?
FL
P.S. and I am well known for my "non-judgemental positive appraisals" :)

[ohio boss]

Actually "Bruce Juice" came in a small OJ type carton and I still have one. I remember walking out of MSG and being exhausted and thirsty, I was disappointed to find it empty and only a promo item. :)
I wonder if Tropicana sued WNEW?

I still have a Bruce Juice pinback button that i bought in college in 1980 in an "underground" store in Bowling Green---i guess there's a decent chance it's an original. I'm sure Marsha knows if it is or not.