The federal lawsuit accuses Tyrone Banks of misusing trademarks by referring to the tune as "the official Carolina Hurricanes song" and wearing a Hurricanes jersey in promotional material.
"We look at our name and our trademarks as our most valuable assets, and they need to be protected," said William Traurig, general counsel for the Hurricanes.
Banks produced "Carolina Hurricanes" in 2007 and provided a copy of the song to the team, asking the Hurricanes play the music during games, according to court documents. The lawsuit said the Hurricanes did use the song during games and short segments of it appeared in a television ad and online video.
Banks also received complimentary tickets to a game, when the Hurricanes played the song, highlighted Banks in the audience and displayed his name on the scoreboard.
"Carolina Hurricanes. That's our team, say the name," the song's chorus repeats.
But the Hurricanes say Banks is promoting sales of the song in a way that would incorrectly suggest an affiliation between him and the team.
Via MSN Sports
Im reading through "The Age of Engage" by Denise Shiffman right now. The book is about the emergence of "Marketing 2.0" in the age of new media (read: social networking, viral advertising, user generated content, etc). From her introduction:
There are companies that believe their brands are being hijacked. They fight their own customers, and they use the legal system to assert control over the matter...
Obviously clubs are going to want control over their own brand, and it's not something I necessarily begrudge them. But isn't it wise to, you know, pick your battles? Here's a guy voluntarily (and positively) promoting the team via a different channel and the franchise is suing him for it (after embracing him initially might I add). You know how many businesses pay agencies to concoct terrible faux hip-hop and rap songs for radio and TV spots?
The Hurricanes sent Banks a cease-and-desist notice in February and he responded by removing the term "official" or "anthem" from his website and added disclaimers, according to the suit. But the Hurricanes complained that Banks is still seen wearing a Hurricanes jersey in promotional material and said the franchise has been damaged by the unauthorized use of trademarks.
I'd like to see them explain what "damages" could possibly come from a rapper wearing the club's jersey in promotional material. Hell, the NHL basically followed Snoop Dog around with a smile and puppy dog eyes when he was found attending Ducks games. Wearing a Ducks jersey, no less.
