Spike Lee film struck with trademark claim
Film director Spike Lee has been hit with a trademark claim surrounding the title of his upcoming film “Chiraq”.
Lee’s latest film, set in Chicago and which centres on the city’s gun violence record, has reportedly met the wrath of an individual connected to a religious group based in the city.
Daily newspaper the Chicago Tribune reported that Emmet Benjamin contacted Lee’s lawyers to claim that the film cannot be called “Chiraq” because that name is too closely related to an organisation called the Sovereign Nation of Chiraqi.
The organisation is listed as an affiliate of the House of Christ Temple Divine, a temple based in Illinois, the same state as Chicago.
Sovereign Nation has reportedly used the term ‘Chiraq’ on clothing, in song lyrics and on websites.
According to the US Patent and Trademark Office’s trademark database, there are two registered trademarks incorporating the term ‘Chiraq’, both of which have been registered by Illinois-based individuals. However, Benjamin is not named in either application.
Benjamin told the newspaper: “We put over $100 into marketing last year to try to spread awareness.
“I hate to say it, but Spike Lee’s project would seem to be a result of our hard work in marketing.”
Floyd Mandell, partner at law firm Katten Muchin Rosenman in Chicago, told WIPR that even if Benjamin was able to establish trademark rights that are “relatively strong” he could still face a “very challenging” case.
“Use of terms in movie titles are difficult to stop if the use bears any relevance, even minimal, to the artistic work,” he said.
Mandell said Benjamin could struggle to assert the claimed mark due to the US's First Amendment statute.
“Assuming a court found that the claimant owned a protectable mark, the constitutional interest in freedom of expression must be balanced against any interest in protecting the claimed mark.
“Because Spike Lee’s film is an artistic work, and the likely weakness of the claimant’s mark commercially, a First Amendment analysis could weigh in the film maker’s favour.”
He added: “Even without a First Amendment defence applying, proving a likelihood that the public would be confused would be another major hurdle.”
The temple did not respond to a request for comment.
It is not the first time one of Lee’s films has been the subject of an intellectual property dispute.
In May last year, the director was embroiled in a copyright dispute over the alleged unauthorised use of designs in an advertising campaign for his film “Oldboy”.
The dispute, which was settled earlier this year, centred on the use of three designs by artist Juan Luis Garcia.
Garcia had designed and copyrighted the disputed images in January 2013 and sent them to production company 40 Acres and a Mule Filmworks, of which Lee is the principal owner.
He said the company could use the designs provided it entered into a licensing agreement with him, but then claimed the images were used without his consent.
“Chiraq” is due to be released in 2016.
Lee had not responded to a request for comment at the time of publication.
