HBO Slaps Takedown Demand On 13-Year-Old’s Painting That Used “Winter Is Coming”

Megalith

Megalith

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The cable network’s lawyers thought this would cause irreparable harm to the Game of Thrones brand and had the painting terminated. To be fair, the legal team is doing this to everyone they “catch” and is not strictly out to upset kids during holiday time.

A father says lawyers at the cable TV network demanded his 13-year-old daughter's artwork be taken off the internet after she drew a lovely picture titled "winter is coming" and posted the image to arts'n'craft website RedBubble. "My daughter, who happens to be autistic, was doing an art challenge called Huevember which consisted of doing a piece of art based on a different colour as you worked your way round a colour wheel," Jonathan Wilcox, of Edwinstowe in the UK, told The Register on Thursday. "She was uploading her pictures to a variety of sites and sharing them on Facebook. For this particular piece, she decided to title it 'winter is coming.' I do not believe she uploaded the picture to RedBubble to make any particular financial gain, she just thought it a sensible place to put it."
 
If the kid is mental and not autistic kids are, since sutism covers a vast range of abnormal social behaviors, including being a geek, they would never have likely seen winter is coming and associated it with game of thrones... which mean it is too generic and there is likely prior art. A trade mark has to meet the same criteria as any other art filed through the patent office, new unique and never before published in any media... I remember reading the original game of thrones back when I was at McGuire AFB in New Jersey back in 1998-1999 so if there is even a single card with winter is coming that is from before that it could be challenged as a bad faith issued trade mark. I know of one other issue of someone trying to use an existing trademark because they simply planned to claim to be related but did not bother to get permission first. Their trademark was listed as infringing, but since they tried to have someone speak for the trademark that did not represent the interests of the rights holder I never did find out what happened. They do use winter is coming as a catch phrase but every year winter is coming all through seasons prior to winter... thus if it gets challenged it will likely get thrown out as too generic. Just like you can not trade mark a red octagon, you have to trademark something new.
 
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Megalith said:
The cable network’s lawyers thought this would cause irreparable harm to the Game of Thrones brand and had the painting terminated. To be fair, the legal team is doing this to everyone they “catch” and is not strictly out to upset kids during holiday time.

A father says lawyers at the cable TV network demanded his 13-year-old daughter's artwork be taken off the internet after she drew a lovely picture titled "winter is coming" and posted the image to arts'n'craft website RedBubble. "My daughter, who happens to be autistic, was doing an art challenge called Huevember which consisted of doing a piece of art based on a different colour as you worked your way round a colour wheel," Jonathan Wilcox, of Edwinstowe in the UK, told The Register on Thursday. "She was uploading her pictures to a variety of sites and sharing them on Facebook. For this particular piece, she decided to title it 'winter is coming.' I do not believe she uploaded the picture to RedBubble to make any particular financial gain, she just thought it a sensible place to put it."
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The only way that picture would cause irreparable harm is if some lawyer pissed off by that meme decided to sue a 13 year old autistic girl... Hbo should fire the lawyer who thought that was a good idea to to enforce the trademark...
 
Maybe GRR was reading the NY Times when he was writing the novel, or maybe The Spectator (weird how those are both about the same thing).
I do find it cute they go after a little girl, but ignore Garry Kasparov.
 
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Can you really trademark three common words ? I know trademark law in the United States is bad still not sure its that bad. Sounds like someone needs to challenge one of these stupid HBO letters. People did say Winter is coming before Martin wrote it down. For this to be infringing would it not have to be related to their product. I mean MS can't go and sue every Window company in the world for using a common word... just other computer companies attempting to call an OS windows.
 
I'd tell them where to go.
If they pursue, bill them for all the time and costs.
 
ChadD said:
Can you really trademark three common words ? I know trademark law in the United States is bad still not sure its that bad. Sounds like someone needs to challenge one of these stupid HBO letters. People did say Winter is coming before Martin wrote it down. For this to be infringing would it not have to be related to their product. I mean MS can't go and sue every Window company in the world for using a common word... just other computer companies attempting to call an OS windows.
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My understanding is that the context of the comment matters for the trademark. For example, you can have two businesses have the similar slogan or name as long as they are not remotely similar industries. I could call myself "The Best Cut" and I wouldn't infringe on a lawn mowing business with the same name. Just because you can sue someone for trademark infringement, doesn't mean you will win either. Legally I could make a weather app called "Winter is Coming" that specialized in cold weather notifications, snow calcs or iced roads, etc, and HBO couldn't do shit unless I had something thematically resembling the Westeros world.

Most of this type of behavior is just the attorneys, who I think are getting paid regardless, trying to do what they feel is their job. I would be surprised if they consulted someone senior in marketing very much. It seems they still haven't grasped the viral aspect of social media and how quickly these things get blown up. Ten years ago, perhaps, the father would have just taken it down and huffed and that would have been the end of it. The lawyers didn't see to understand this is not ten years ago.

I have a bit of authority on this subject matter, being that I am some guy on the internet.
 
This deserves a lawsuit back with request for punitive damages against the lawyers. I mean, you look at that painting and there is no way you could see GOT. HBO should be ashamed of itself for this.

What's next, amd getting a copywrite notice from comedy central for calling their processors "zen?". Here is your moment amd, zen.
 
Why the fuck is it relevant that she's autistic? Is that somehow supposed to change trademark law?

The autism card is getting worse than the vet card.
 
ChoGGi said:
Maybe GRR was reading the NY Times when he was writing the novel, or maybe The Spectator (weird how those are both about the same thing).
I do find it cute they go after a little girl, but ignore Garry Kasparov.
Click to expand...

There's no way I'm going to degrade my butt and wipe it with NY Times. Most people didn't even pay to watch GoT.
 
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Think I was listening to Bob & Tom recently (syndicated morning comedy show). Thought they were talking about a porn star named Winter who had a movie called Winter is Coming. Guessing they snubbed that too.
 
drakken said:
If the kid is mental and not autistic kids are, since sutism covers a vast range of abnormal social behaviors, including being a geek, they would never have likely seen winter is coming and associated it with game of thrones... which mean it is too generic and there is likely prior art. A trade mark has to meet the same criteria as any other art filed through the patent office, new unique and never before published in any media... I remember reading the original game of thrones back when I was at McGuire AFB in New Jersey back in 1998-1999 so if there is even a single card with winter is coming that is from before that it could be challenged as a bad faith issued trade mark. I know of one other issue of someone trying to use an existing trademark because they simply planned to claim to be related but did not bother to get permission first. Their trademark was listed as infringing, but since they tried to have someone speak for the trademark that did not represent the interests of the rights holder I never did find out what happened. They do use winter is coming as a catch phrase but every year winter is coming all through seasons prior to winter... thus if it gets challenged it will likely get thrown out as too generic. Just like you can not trade mark a red octagon, you have to trademark something new.
Click to expand...

Boom, drakkened.
 
Wrecked Em said:
Why the fuck is it relevant that she's autistic? Is that somehow supposed to change trademark law?

The autism card is getting worse than the vet card.
Click to expand...

Probably because in this context that fact is to reinforce the claim that she had no interest in financial gain and that the slogan was coincidental.

You are barking up the wrong tree on this one.
 
I know when accused of libel, you can defend yourself by proving your claim to be truthful. Wonder if that covers trademarked simple observations?
 
How to lose friends and make enemies !!! Well done HBO, I didn't realize that the phrase "winter is coming" belonged to anybody.
 
hey HBO, did you know that winter is coming

FOFF, thank god i never subscribed to your crap
 
What about fair use? I only see this as infringing is if she tried to commercialize and sell the image all over the place. One painting? no.
 
Lawyers are the scum of humanity. It takes a real piece of human garbage to go after an autistic child for copyright infringement.

Also whatever idiot at HBO decided this was a good idea needs to read up on the "Streisand Effect."
 
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I'm going to go out on a limb and say this never actually happened. HBO would have to know how bad of publicity this would be.
 
lawyers got to find someone to pick a bone with so they can profit, even it's a 13 year autistic girl that girl a cute drawing.... wut a bunch of aholes >_>;
 
Wrecked Em said:
Why the fuck is it relevant that she's autistic? Is that somehow supposed to change trademark law?

The autism card is getting worse than the vet card.
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It isn't relevant, but what also isn't relevant is the trademark in the sense that it's used. The way it's used in the picture is simply an instance of a season that is almost here, it in no way infringes on a trademark anymore than a picture of William Tell shooting an apple off the head of someone infringes on Apple's trademark.
 
Wrecked Em said:
Why the fuck is it relevant that she's autistic?
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You must on some level realize that its a long standing cultural norm that you generally don't speak ill of the recently deceased, and you don't pick on the weak as it makes you seem like a bully (in this case an adult lawyer picking on not just a child, but a child with mental issues so the power disparity is great).
 
And how do you even connect the phrase Winter is Coming to GOT? It is a generic saying. Unless you are bundling it with art assets or fonts from the series you aren't even directly referencing the show.

Are they trying to imply that they OWN the phrase "Winter is Coming?" I can't believe that would hold up.
 
Brutal.... just brutal. I don't have kids but imagine explaining that one to your kid...
 
Advil said:
And how do you even connect the phrase Winter is Coming to GOT? It is a generic saying. Unless you are bundling it with art assets or fonts from the series you aren't even directly referencing the show.

Are they trying to imply that they OWN the phrase "Winter is Coming?" I can't believe that would hold up.
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That is what a trademark is which is not to be confused with a patent a phrase or idea or method can be trademarked
 
I cannot believe any competent legal system would award "ownership" rights to any individual or corporation of a common phrase such as, "winter is coming". HBO can yell as much as they want, but no competent legal system would support them.

A painting of a cold scene titled "Winter is Coming" should be free from harassment.

It remains to be seen if the tattered remnants of Great Britain's legal system retains any competency.
 
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