Compiled by Timothy Mcquay. Contributing: Carrie
Muskat, Paul White, Seth Livingstone, Quincy(Mass. ) Patriot-Ledger.
click
here for a picture
It
gets laughs when The Famous San Diego Chicken ridicules and assaults
a Barney-like character during baseball games around the country-
but Barney isn't laughing. The owners of the purple dinosaur are
suing. Lyons Partnership of Texas said
The Chicken mascot, Ted Giannoulas, was first notified in 1994
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that using the Barney-like costume
in his act constituted infringement of Lyons' trademarks and copyrights."Specifically, Giannoulas would
punch, flip, stand on and otherwise assault the putative 'Barney,'
" the lawsuit alleges. "Despite such notice, Lyons received subsequent
reports of 'Barney' appearing with The Famous Chicken at games of the Detroit Pistons,
Chicago Cubs, Seattle Mariners and others. "
The company wants
a permanent injunction against use of the dinosaur costume and
a minimum of $100,000 for each time Giannoulas has |
performed a
skit with the dinosaur in it. Kenneth Fitzgerald, an attorney
for The Chicken, said the act is a parody protected under the
© copyright Act, trademark laws and the First Amendment. "The character
I use is not the real Barney," said Giannoulas, "and to prove
it I'll have him take a DNA test. "
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