Dan from mp3punk.net was nice enough to follow up on our post about Jughead's Revenge with Archie Comics. It doesn't really resolve much in my mind, since I'm still convinced that Jughead's Revenge, as a name, is a parody of the comic book. Which, to me, is a fair use of property, but I'm not a lawyer, so I'm just mouthing off.
Hey, i emailed archie comics to see if the jugheads revenge thing was true and this is what they replied, you can add it to punknews.org if you want.
May 1, 2000 Dear Dan: We are in receipt of your e-mail message regarding the punk rock band "Jughead's Revenge." We would like to take this opportunity to explain why Archie Comics pursued a legal action to stop the band from using the name "Jughead" and the "Jughead" character likeness. Archie Comics coined the fanciful name "Jughead" in the 1940s. Over the years, Archie Comics has invested a great deal of time, money and effort towards building the "Jughead" character into a cultural icon. Few, if any, Americans are unaware that the name "Jughead" refers to one of the core comic characters of Archie Comics. As a result, the "Jughead" character is one of our company's most valuable assets. The "Jughead" character has appeared in thousands of comic books, as well as in a licensed animated television series The Archie TV Show that aired in the late sixties and early seventies, and in the animated television series Archie's Weird Mysteries, which is currently on television. The "Jughead" character has a strong association with music. Since the 1960s, the "Jughead" character has been depicted in comic book stories, animated cartoons and a live action movie Return to Riverdale as a member of the rock band called "The Archies." The band "The Archies" was a major component of The Archie TV Show. "The Archies" produced a hit single, the song "Sugar, Sugar," which was the no. 1 song of 1969 and went gold in 1970 and continues to be aired on radio and used in films today. To protect its valuable "Jughead" character, Archie Comics owns several trademark registrations for the name "Jughead," as well as trademark and copyright registrations for the "Jughead" character likeness. Third-parties may only use the "Jughead" trademark and character likeness by first obtaining a license from Archie Comics. Over the years, Archie Comics has licensed the "Jughead" character likeness for use on a wide variety of merchandise, including sweatshirts, T-shirts, puzzles, musical instruments, lunch boxes and watches. In addition, Archie Comics has licensed its "Jughead" trademark for use on the Internet in connection with the Archie Comics Online web site located at "www.archiecomics.com." Archie Comics maintains strict quality control over its publications and the products produced by its licensees to ensure that they include only wholesome content that is appropriate for young children. The guidelines established by Archie Comics for the use of our "Jughead" trademark and character likeness expressly prohibit any depiction of explicit activities inappropriate for a youthful audience, including driving without a seat belt, using drugs, smoking, drinking alcoholic beverages, nudity, violent or abusive behavior, profanity, obscenity or illegal activities. Last year, we discovered that the punk rock band "Jughead's Revenge" was using both the "Jughead" trademark and character likeness without our permission. We also discovered that the band's web site, located at "www.punker.com" on the Internet, contained profane and obscene language that was patently offensive to young children. We were alarmed that the public would be misled into thinking that the band "Jughead's Revenge" was affiliated with or related to Archie Comics, especially considering the "Jughead" character's extensive association with music. At first, we tried to resolve our dispute with the band through negotiation rather than legal action. After the band ignored our communications and refused to speak with our attorneys, we had no choice but to commence legal action to stop the band from using the name "Jughead" and the "Jughead" character likeness. The parties resolved the lawsuit by entering into a settlement, the terms of which, by mutual agreement, are strictly confidential. However, we can tell you that Archie Comics acted very reasonably towards the band in reaching the settlement agreement. The band is permitted to continue using the name "Jughead's Revenge" for a limited period of time in order to give its fans sufficient notice of the name change. We have now been told that the band would like to change their name to "Jugg's Revenge" and we've told them that would be fine. And, while Archie Comics could have sought substantial monetary damages from the band under the governing law, Archie Comics did not require the band to pay any money in recognition of the band's lack of resources. We hope that this letter has addressed your concerns, and that you have a better understanding of Archie Comics' actions. Chuck Grimes Vice-President Business Affairs Archie Comic Publications, Inc. Date: Tue, 18 Apr 2000 00:58:20 -0300
Is it true that you are making "Jugheads Revenge" change their bands name??