UPDATE (11/19): LAS CRUCES, N.M. (CN) – A nonprofit anti-bullying campaign must stop using the Teenage Mutant Ninja Turtles in its stage shows, a federal judge recently ruled, reports Courthouse News Service.
Introduced as comic book characters in 1984, the four Teenage Mutant Ninja Turtles, named for Italian Renaissance artists and trained by the sensei rat Splinter, have raked in more than $1 billion through six feature films, four cartoon series, more than two dozen video games, and numerous toy lines. Viacom acquired the rights to the franchise through its Nickelodeon subsidiary in 2009, and recently launched the franchise's latest animated iteration, Rise of the Teenage Mutant Ninja Turtles.
Viacom sued New Mexico-based Mark Anthony Baca and his Guardian Anti-Bullying Campaign in February of this year, claiming Baca has repeatedly promised to stop violating copyright in his “Ninja Turtles Live Action Parody” stage shows – but he hasn’t done so.
Baca presents his anti-bullying shows at elementary schools and for community groups across the Southwest. His Guardian Campaign is an Oklahoma nonprofit based in New Mexico.
“The undisputed record shows the Ninja Turtle marks are distinctive, famous, of high quality, and that Defendants’ Show uses marks so similar to Viacom’s famous mark as to impair the distinctiveness of the famous mark and to harm the reputation of the famous mark by linking it to a Show of inferior quality,” U.S. District Judge Judith C. Herrera wrote in a 14-page order.
Amateur videos of Guardian shows feature the reptilian heroes spin-kicking, shouting their signature “Cowabunga!” and dancing to Michael Jackson songs while delivering their anti-bullying message. In one show, the Teenage Mutant Ninja Turtles defeat their arch-nemesis Shredder, whereupon Master Splinter declares the turtles ready to take on bullies.
Baca and Guardian call the show a parody – which would protect it under fair-use laws. But Viacom says it’s a straight knockoff.
“The show is not a parody,” the company said in its 24-page complaint. “The show provides no meaningful commentary upon, or criticism of, the Ninja Turtles. Additionally, the Ninja Turtles characters are portrayed without any irony or self-awareness that would suggest a parodic element to the show.”
Since Viacom filed its complaint, Baca and Guardian have not responded to court motions and filings. Viacom published its complaints in newspapers such as the Los Angeles Times, emailed Baca’s last known address and sent documents to Baca’s mother, among others, in an attempt to reach the defendants.
Baca still didn’t respond, so on Thursday Herrera granted Viacom’s request to permanently bar Guardian and Baca from using the Ninja Turtles in their performances.
Herrera didn’t order any punitive damages against Baca or Guardian, but with the defendants absent from the court proceedings, the Cowabunga show must not go on.
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UPDATE (2/6): Mark Anthony Baca has told TheWrap that, after being approached by Viacom, his show was changed to fit the legal definition of parody. He also maintained that his show contained anti-bullying segments. Baca also said that the Turtles parodies show has ended its run, and that he is moving on to a new show with his own brand.
Original post:
LAS CRUCES, N.M. (CN) — Viacom is suing a New Mexico-based nonprofit in federal court, warning it needs to stop featuring the Teenage Mutant Ninja Turtles in its anti-bullying campaign.
Introduced in a 1984 movie, the four Teenage Mutant Ninja Turtles - Raphael, Michelangelo, Leonardo, and Donatello - named for Italian Renaissance artists and trained by their sensei rat Splinter, have made more than $1 billion through six feature films, four cartoon series, toys and more than two dozen video games. Viacom acquired the rights to the franchise through its Nickelodeon subsidiary in 2009.
Viacom started legal proceedings against Mark Anthony Baca and his Guardian Anti-Bullying Campaign on Friday, February 2, 2018 claiming Baca has repeatedly promised to stop violating copyright in his “Ninja Turtles Live Action Parody” stage shows, but he continues in “flagrant, knowing willful” violation of its intellectual property.
Baca presents anti-bullying shows at elementary schools and to community groups across the Southwest. His Guardian Campaign is an Oklahoma nonprofit based in New Mexico.
Viacom says it demanded that Baca cease and desist violating copyright in August 2015, in November 2016, and again in January 2017.
After these repeated demands, Viacom says, Baca promised to stop infringing copyright in January 2017 — but it was a lie. “In January 2018, Viacom contacted defendants once again, and defendants once again acknowledged their wrongdoing and agreed to cease their infringement,” the complaint states.
“Nevertheless, the very next day, defendants performed the infringing show and continue to perform the show to this day.”
In one show, the Teenage Mutant Ninja Turtles defeat their arch nemesis Shredder, whereupon Master Splinter declares the turtles ready to take on bullies.
Amateur videos of Guardian shows feature the reptilian heroes spin-kicking, shouting their signature “Cowabunga!” and dancing to Michael Jackson songs while delivering their anti-bullying message.
Baca and Guardian call the show a parody, but Viacom calls it a straight ripoff.
“The show is not a parody,” it says in its 24-page complaint. “The show provides no meaningful commentary upon, or criticism of, the Ninja Turtles. Additionally, the Ninja Turtles characters are portrayed without any irony or self-awareness that would suggest a parodic element to the show.”
Represented by Jeremy Harrison with Modrall, Sperling, Roehl, Harris & Sisk, Viacom says its attorney “finally reached Mr. Baca by telephone on January 17, 2018. Mr. Baca acknowledged his infringement and agreed to cease his infringing conduct and cancel upcoming shows,” the complaint states.
Then Baca sent an email saying he’d stop violating copyright if he could complete his scheduled performances. Not good enough, Viacom says. Its attorney spoke with him again on Jan. 18, and told him the infringement “must cease immediately.”
Baca agreed, Viacom says — then did it again that very night, and again three days later. And he’s still marketing the show, through at least April 5, in four states across the country, for $10 to $12 a seat, or $25 for a ticket to “meet and greet” the turtles. He even sells Ninja Turtles merchandise at the shows, “further suggesting an affiliation with Viacom.”
Enough is enough, Viacom says. It seeks an injunction and punitive damages for copyright and trademark infringement and dilution and unfair trade, plus attorney’s fees and costs of suit.
Neither party could be reached for comment by telephone Monday, February 2, 2018.
Via Courthouse News.
Also, via TheWrap:
Cowabunga! Viacom is harnessing the power of its legal team to shut down a live-action show that they say is ripping off its beloved “Teenage Mutant Ninja Turtles” property.
In its lawsuit, filed Friday in federal court in New Mexico, Viacom says that the “Ninja Turtles Live Action Parody” show is an infringement on “TMNT,” and despite defendants Mark Anthony Baca and Guardian Anti-Bullying Campaign admitting the infringement and agreeing to knock it off, the show ha gone on — hence the lawsuit.
“Defendants do not have a license or other form of authorization from Viacom to make use of any of Viacom’s copyrights or trademarks in any way,” the suit reads.
According to the suit, the show makes use of Viacom’s characters Leonardo, Raphael, Michelangelo, Donatello and others, and of the characters’ “distinctive costumes.”
Viacom insists that, despite the billing, the live-action show is “not a parody” and “provides no meaningful commentary upon, or criticism of, the Ninja Turtles.” And while the show is billed as having an anti-bullying message, “bullying is not the focus of the Show. At bottom, the Show is centered around Viacom’s Ninja Turtles Properties, which Defendants have no authorization to use.”
And despite copying the Ninja Turtles, the suit says, the show “is an amateur production with unprofessional actors.”
TheWrap has reached out to Guardian Anti-Bullying Campaign for comment on the suit.
Alleging copyright infringement and other counts, the suit is seeking an end to the alleged infringement, and unspecified damages.
--Ends--
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