As we all know by now, Avatar: Legend of Korra is now The Last Airbender: Legend of Korra. I made a few comments (on another blog and elsewhere) that this may be a fallout of the Avatar "naming war" between James Cameron’s Avatar and Nickelodeon Avatar: The Last Airbender, respectively fought by Twentieth Century Fox (FOX) and Viacom International (VIACOM), the parent company for Paramount Pictures and MTV Networks that includes Nickelodeon.
What actually happened is more complicated so this is my feeble attempt to simplify the real story. If you insist on being accurate and going into the details, feel free to check out the External Links below and learn for yourself. I am not a trademark attorney, so nothing I say should be considered a legal opinion – if any you try to argue a case in a court law based on what I blog, then you are an idiot. This post is my personal opinion based on public records and known facts, so take what I say with a dose of salt and pepper.
Some fans may be reprehensive about the name change because it reminded them of that movie. I find it laughable that The Last Airbender is associated with M. Night Shyamalan. If anything, Shyamalan is trying to associate his movie with the original series Avatar: The Last Airbender (A:TLA). The full title of the movie is M. Night Shyamalan’s The Last Airbender (MNS-TLA). What happens if James Cameron kept his mouth shut and the movie was called M. Night Shyamalan's Avatar: The Last Airbender (MNS-A:TLA)? Are you going to stop watching the original series? The movie is just the first casualty of the naming war, and Legend of Korra is just the second.
Since VIACOM has already secured the trademarks for THE LAST AIRBENDER for TV-related, clothing, AND gaming products, Nickelodeon may have figured it is more advantageous to name the franchise The Last Airbender, and make Legend of Korra a product of this franchise. Korra may not technically be an Airbender, or the last one even if she is an Airbender. Products of a franchise do not have to reflect the franchise name exactly…
- Ben 10: In the follow-up to Ben 10 TV series, Ben 10: Alien Force and Ben 10: Ultimate Alien, Ben is no longer a 10-years-old kid and has access to much more than 10 aliens.
- Twilight: The name of this franchise is based on the name of first book. The other three books are called New Moon, Eclipse, and Breaking Dawn. Does The Twilight Saga: Breaking Dawn even made any sense?!!
- Resident Evil: the original game was called as such as it took place in an evil housing residence but the settings for the game sequels and movies are now all over the world. It was originally called Biohazard but they couldn't trademark that in America.
- Final Fantasy: If the fantasy is “final”, why does it keep on going and going and going?!
- Street Fighter: The fights no longer take place just on the streets now does it?
- Dungeons & Dragons: The games and shows no longer took place exclusively in dungeons and hardly showed any dragons…
Battle of the MPAA Title Registration Bureau[]
Film titles are normally registered via MPAA Title Registration Bureau, rather than US Patent and Trademark Office (USPTO). The Bureau is a voluntary central registration entity for titles of movies intended for U.S. theatrical distribution, and it is intended to prevent public confusion over films with similar titles. [1] Although not part of the US government, its subscribers (currently almost 400, including FOX and VIACOM) are bound by the Bureau's rules, which prescribe procedures for registering film titles and handling any related disputes.
The fight started in January 8, 2007 [2], the same day M. Night Shyamalan was attached to the film adaptation of Avatar: The Last Airbender. A Fox representative said, "We own the movie title 'Avatar.' There won't be another film called 'Avatar' coming from anyplace." Development on Avatar began in 1994, when Cameron wrote an 80-page scriptment for the film.[3] Filming was supposed to take place after the completion of Cameron's 1997 film Titanic, for a planned release in 1999,[4] but according to Cameron, the necessary technology was not yet available to achieve his vision of the film.[5] VIACOM initially registered the film title as Avatar: The Last Airbender and wanted to keep it that way. In the end, VIACOM conceded to FOX and dropped the word Avatar from the film title, hence just The Last Airbender. There is an interesting video interview @ 3:48 with M. Night Shyamalan that talks about the discussion that went on between VIACOM and FOX.
Game. Set. Match.
Battle of the US Patent and Trademark Office (USPTO)[]
As George Lucas had demonstrated with Star Wars, the real money for movies is in merchandising! Trademarks for most consumer products are normally done via US Patent and Trademark Office (USPTO). Context is relevant with trademarks, e.g. the Ford trademark for Ford Motor Company is for vehicle products while the Ford trademark for Ford Modeling Agency (a separate company) is for modeling services. Each “context” is assigned with a 3-digit code of international class (IC).
Trademarks for JAMES CAMERON’S AVATAR[]
Before the movie was released in December 2009, FOX made two simultaneous applications for the trademark JAMES CAMERON’S AVATAR. The first application 77758033 (received by USPTO and filed on 2009-06-12) is for products of international class 009 and 041:
IC 009 (Electrical and scientific apparatus): |
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Motion picture films; pre-recorded DVDs; pre-recorded CDs; pre-recorded laser discs; all featuring motion picture films and motion picture film soundtracks; downloadable audio and video recordings featuring motion picture film soundtracks; downloadable motion pictures; downloadable ring tones, graphics, wallpaper, and music; downloadable games; computer screen saver software; video and computer game software. |
IC 041 (Education and entertainment): |
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Production and distribution of motion picture films; entertainment services in the nature of motion picture films; entertainment services in the nature of short films transmitted via mobile electronic devices, namely cell phones, mobile phones, personal digital assistants, computers, and wireless handhelds; providing a website featuring audio-visual content, namely, motion pictures, videos, and film clips; providing online information in the fields of entertainment, motion pictures, films, and videos, via a global computer network; providing blogs in the nature of an online journal via a global computer network featuring entertainment, motion pictures, films, and videos; providing a website featuring video and interactive games. |
FOX got clobbered with this one because (surprise!) VIACOM had prior trademarks for AVATAR, all for products of IC 041 (Education and entertainment):
"AVATAR HIGH", Registered 2004-11-09: |
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Entertainment services, namely, providing an online computer game; providing information in the field of entertainment rendered via computer by means of a global computer network. |
"NICKELODEON AVATAR: THE LAST AIRBENDER", Registered 2005-09-27: |
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Entertainment services in the nature of an ongoing television series featuring animation; providing information in the field of entertainment featuring animation rendered via computer by means of a global computer network. |
"AVATAR: AUTUMN TWILIGHT", Registered 2007-07-17: |
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Entertainment services provided on-line by means of global and local area networks, namely, providing interactive computer games over an electronic network |
FOX argued with USPTO that there is no way you can confuse JAMES CAMERON’S AVATAR with VIACOM’s trademarks on AVATAR (which sounds similar to VIACOM’s argument with MPAA to me =P). USPTO was adamant about this: “The examining attorney has considered the applicant's arguments carefully but has found them unpersuasive.” On 2010-10-05, FOX filed an express abandonment of this application.
However, FOX was more successful with the second application 77758035 (also received by USPTO and filed on 2009-06-12), for products of international class 016, 018, 024, and 028. Apparently, Nickelodeon did not foresee the animated series to turn into a franchise that it is today, much less have its own a live-action summer movie, so VIACOM did not apply for AVATAR trademarks for products other than IC 041. USPTO published this application for opposition in 2010-12-14, and then allowed FOX to use the trademark on 2011-02-08.
IC 016 (Paper goods and printed matter): |
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Stationery, writing paper and envelopes; desk calendars, wall calendars; stickers; bookmarks; greeting cards; posters; postcards; pens and pencils; bumper stickers; temporary tattoos; personal diaries; blank journals; notepads; notebooks; writing paper; photo albums; paper folders; paper doorknob hangers; table cloths made of paper; paper napkins; party favors made of paper; lunch bags made of paper; lunch bags made of textile; wrapping paper; gift tags; gift bags; comic books; trading cards; publications, namely, books and magazines, all on the subject of motion picture films; children's books; children's activity books; coloring books; game books; sticker books; picture books; series of fiction novels. |
IC 018 (Leather goods): |
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Knapsacks; backpacks; purses; wallets; umbrellas; tote bags, book bags, school bags; overnight bags; beach bags; fanny packs; handbags; sports bags; travel bags; toiletry bags sold empty; luggage; briefcases. |
IC 024 (Fabrics): |
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Fabric flags; fabric pennants; quilt covers; curtains; shower curtains; plastic placemats; textile placemats; textile wall hangings; cloth banners; bed sheets; bed skirts; pillowcases; pillow shams; blankets, namely, bed blankets, blanket throws; comforters; bed spreads; bath towels; beach towels; kitchen towels; oven mitts; barbecue mitts; tablecloths not made of paper; placemats not made of paper; fabric napkins; bath mats; duvets; and wash cloths. |
IC 028 (Toys and sporting goods): |
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Christmas tree decorations except confectionery or illumination articles; Christmas tree ornaments; toys, games, and playthings, namely, hand held units for playing electronic games other than those adapted for use with an external display screen or monitor, dolls and doll clothing, toy figures, plush toys, bathtub toys, rubber character toys, bendable toys, wind-up toys, toy building blocks, jigsaw and manipulative puzzles, toy action figures and accessories therefor, action figure play environments, party games, parlor games, role playing games, board games, action skill games, card games, playing cards, flying discs, toy jewelry, toy watches, dart boards, toy vehicles and accessories therefor, sit-in and ride-on toy vehicles, combination play and indoor slumber tents, hand held puppets, toy banks, water squirting toys, toy pistols, pinball and arcade game machines, balloons, hobby craft kits comprised of toy figure plastic molds, fasteners for attaching toy figure molds, and decorative accessories for molded toy figures, costume masks; sporting goods and equipment, namely, balls for games, balls for sports, tennis rackets, skateboards, flotation devices for recreational use, namely, inflatable balls and water wings. |
The application originally also included the following products:
IC 025 (Clothing) : |
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Clothing, namely, T-shirts, shirts, pants, underwear, undershirts, boxer shorts, long underwear, sweatshirts, sweatpants, shorts, sweaters, skirts, gloves, socks, coats, jackets, vests, swimwear, belts, scarves, pajamas, nightgowns, nightshirts, robes, rain coats, infant wear; Halloween and masquerade costumes, and masks sold in connection therewith; headwear, namely hats, caps, visors; footwear, namely, shoes, athletic shoes, sneakers, sandals, boots, rain boots, slippers. |
FOX had to remove this class of products (IC 025) from the application because it conflicted with AVATAR trademark owned by Uni Hosiery (IC 025): "MEN'S, WOMEN'S AND CHILDREN'S CLOTHING, NAMELY, SOCKS, HOSIERY, UNDERWEAR, LINGERIE AND T-SHIRTS."
Trademarks for THE LAST AIRBENDER[]
Before the M. Night Shyamalan’s film was released in July 2010, VIACOM filed three simultaneous applications (85015596, 85015599, and 85016855) for the trademark THE LAST AIRBENDER, respectively for international class of products 025, 028, 041. USPTO received the applications on 2010-04-16 and 2010-04-19. The term was unique enough that the process went smoothly; USPTO allowed VIACOM to use the trademarks for all three class of products on 2010-09-28. The application could be for merchandising for Shyamalan’s film itself but interestingly, the application for IC 041 is for TV-related products, not motion pictures as in the case with IC 041 application for JAMES CAMERON’S AVATAR.
IC 025 (Clothing), Filed 2010-04-16: |
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BATHING SUITS, BATHROBES, BEACHWEAR, CLOTHING BELTS, SHORTS, COATS, SOCKS, FOOTWEAR, BANDANAS, SWEATERS, HALLOWEEN COSTUMES, GLOVES, GYM SHORTS, NECKWEAR, PAJAMAS, PANTS, SHIRTS, SWEAT SHIRTS, SKI WEAR, UNDERCLOTHES, WARM-UP SUITS, HEADWEAR. |
IC 028 (Toys and sporting goods), Filed 2010-04-16: |
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GAMES AND PLAYTHINGS, NAMELY, CARD GAMES, PLAYING CARDS, DARTS, DOLLS; ACTION FIGURES AND ACCESSORIES THEREOF; STAND ALONE VIDEO GAME MACHINES UTILIZING CD ROM'S, STAND ALONE VIDEO GAME MACHINES, STAND ALONE AUDIO OUTPUT GAME MACHINES, AND BOARD GAMES; SPORTING ARTICLES, NAMELY, GOLF CLUBS, BASEBALLS, FOOTBALLS, PADDLE BALLS, BASEBALL BATS; DECORATIONS FOR CHRISTMAS TREES. |
IC 041 (Education and entertainment), Filed 2010-04-19: |
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ENTERTAINMENT SERVICES IN THE NATURE OF TELEVISION SERIES, FEATURING ANIMATION, COMEDY AND DRAMA; PROVIDING ONLINE INFORMATION IN THE FIELD OF ENTERTAINMENT CONCERNING TELEVISION PROGRAMS. |
Trademarks for NICKELODEON AVATAR: LEGEND OF KORRA[]
A month after VIACOM applied for THE LAST AIRBENDER, VIACOM filed another three simultaneous applications (85041868, 85041871, and85041873) for the trademark NICKELODEON AVATAR: THE LEGEND OF KORRA, respectively also for international class of products 025, 028, 041. USPTO received the applications on 2010-05-18. Unfortunately, these applications did not go as smoothly.
IC 025 (Clothing), Refused on 2011-03-17: |
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CLOTHING, NAMELY, BATHING SUITS, BELTS, HALLOWEEN COSTUMES, COATS, SOCKS, CLOTHING BELTS, FOOTWEAR, BANDANNAS, DRESSES, GLOVES, GYM SHORTS, EAR MUFFS, NECK WEAR, JACKETS, PAJAMAS, PANTS, SHIRTS, SHORTS, SKI WEAR, SLACKS, SUN VISORS, SUSPENDERS, SWEATERS, TURTLENECKS, UNDERCLOTHES, VESTS, WARM-UP SUITS, HEADWEAR, BATHROBES, BEACHWEAR. |
This application failed for the same reason FOX couldn’t with JAMES CAMERON’S AVATAR – it conflicted with AVATAR trademark owned by Uni Hosiery (IC 025) : "MEN'S, WOMEN'S AND CHILDREN'S CLOTHING, NAMELY, SOCKS, HOSIERY, UNDERWEAR, LINGERIE AND T-SHIRTS"
IC 028 (Toys and sporting goods), Suspended on 2011-03-13: |
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GAMES AND PLAYTHINGS, NAMELY, CARD GAMES, PLAYING CARDS, DARTS, DOLLS; ACTION FIGURES AND ACCESSORIES THEREOF; STAND ALONE VIDEO GAME MACHINES UTILIZING CD ROM'S, STAND ALONE VIDEO GAME MACHINES, STAND ALONE AUDIO OUTPUT GAME MACHINES, AND BOARD GAMES; SPORTING ARTICLES, NAMELY, GOLF CLUBS, BASEBALLS, FOOTBALLS, PADDLE BALLS, BASEBALL BATS; DECORATIONS FOR CHRISTMAS TREES. |
This application got suspended because FOX's second application 77758035 for JAMES CAMERON’S AVATAR (IC 028) was still pending. Since USPTO has given FOX a notice of allowance on 2011-02-08, VIACOM's application for this is likely to be refused.
IC 041 (Education and entertainment), Allowed on 2011-06-14: |
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ENTERTAINMENT SERVICES IN THE NATURE OF CONTINUING PROGRAM SERIES, FEATURING LIVE ACTION, COMEDY AND DRAMA PROVIDED THROUGH CABLE TELEVISION, BROADCAST TELEVISION, INTERNET, VIDEO-ON-DEMAND, AND THROUGH OTHER DISTRIBUTION PLATFORMS; PROVIDING ONLINE INFORMATION IN THE FIELD OF ENTERTAINMENT CONCERNING TELEVISION PROGRAMS. |
This should have been a slam-dunk, since VIACOM owns trademarks for AVATAR HIGH, NICKELODEON AVATAR: THE LAST AIRBENDER, and AVATAR: AUTUMN TWILIGHT for IC 041 products. Unfortunately, the application was delayed because FOX’s first application for JAMES CAMERON’S AVATAR (IC 041) was also pending, even though FOX eventually abandoned it on 2010-10-05. On 2011-03-16, USPTO approved VIACOM’s application to be published for opposition in the Official Gazette on 2011-04-19. If no one (including FOX) opposes this application after a month or so, USPTO may allow VIACOM to use this trademark.
Interestingly, upon inquiry from USPTO, VIACOM clarified that “KORRA appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as applied to the goods/services listed in the application, or any geographical significance.”
Aftermath[]
On March 6th 2011, Nickelodeon announced the new name for the series THE LAST AIRBENDER: LEGEND OF KORRA[6]. It kind of makes sense: the trademark applications for “NICKELODEON AVATAR: LEGEND OF KORRA” are wrought of problems; as it is, limited to only TV-related products (IC 041) and can still be opposed by FOX or others. Nickelodeon is not taking any chances and may have chosen to withdraw from the fight. Even if USPTO finally allowed VIACOM the use of the trademark, Nickelodeon cannot use it for clothing (IC 025) and gaming (IC 028) products, so no KORRA underwear and lingerie for you. =P UPDATE: On 2011-03-21, USPTO has received three trademark applications from VIACOM for THE LAST AIRBENDER: LEGEND OF KORRA.
On the other hand, VIACOM owns the trademarks for THE LAST AIRBENDER for all three classes of products. VIACOM can also come up with any new show related to THE LAST AIRBENDER without going through USPTO again (such as The Last Airbender: Adventures with Jinora! for pre-K audience like Dora the Explorer). After M. Night Shyamalan’s film adaptation has made $319,123,021 worldwide[7] and nominated 9 times for the Razzie Awards (and won five) [8], no one will ever forget and acknowledge that THE LAST AIRBENDER truly belongs to VIACOM and no one else. o.O
I end this blog with an “exclusive” M. Night Shyamalan interview that also touches upon this AVATAR naming issue. =P
The Last Airbender - Exclusive M. Night Shyamalan Interview |
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External Links[]
- Motion Picture Association of America (MPAA)
- United States Patent and Trademark Office (USPTO)
- Avatar High, a teennick online game, not related to Avatar: The Last Airbender.
- Avatar: Autumn Twilight, a single player 3D RPG that was playable on Nick.com, based on Avatar: The Last Airbender.
- International trademark classes
- Trademarks for Twentieth Century Fox Film Corporation (FOX)
- Trademarks for Viacom International Inc. (VIACOM)
- AVATAR HIGH (IC 041): Registered on 2004-11-09
- NICKELODEON AVATAR: THE LAST AIRBENDER (IC 041): Registered on 2005-09-27
- AVATAR: AUTUMN TWILIGHT (IC 041): Registered on 2006-05-02
- NICKELODEON AVATAR: LEGEND OF KORRA
- THE LAST AIRBENDER
- THE LAST AIRBENDER: LEGEND OF KORRA
- Trademarks for Uni Hosiery Inc., Co
- AVATAR (IC 025): Registered on 2007-07-17
References[]
- ↑ http://www.mpaa.org/faq
- ↑ http://www.variety.com/article/VR1117956950?refCatId=13
- ↑ Jeff Jensen (January 10, 2007). "Great Expectations". Entertainment Weekly (Time Warner)
- ↑ "Synthetic actors to star in Avatar". St. Petersburg Times (Times Publishing Company). August 12, 1996.
- ↑ Judy Hevrdejs; Mike Conklin (August 9, 1996). "Channel 2 has Monday morning team in place". Chicago Tribune
- ↑ http://blogs.wsj.com/speakeasy/2011/03/06/the-last-airbender-legend-of-korra-exclusive-first-look/
- ↑ Box Office Mojo, The Last Airbender (2010)
- ↑ The 31st Annual RAZZIE® Awards: Sequels, Remakes, and Rip-Offs Dominate This Year’s RAZZIE® Nominations