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Jan 14 2009 11:40am EDT

Annals of Copyright Law: Stripper Edition

Protecting the American Idol brand has usually involved slapping down overly enthusiastic fan sites that appropriate the show's logo, or harassing small-town talent contests that incorporate the word "Idol" in their names.

The drill includes a sternly worded letter from lawyers for the show's producer, FremantleMedia North America Inc., declaring that the alleged infringers are causing "severe injury" to Idol's owners by diluting the value of their business.

Apparently, FremantleMedia believes that all exposure isn't necessarily good exposure. That would explain its latest copyright-infringement fight, against an Austin, Texas, strip club that has been holding a weekly "Stripper Idol" contest for amateur ecdysiasts.

The Dallas Morning News reports that FremantleMedia has sued the club in federal court. In its suit, Fremantle contends that the club's contest not only infringes the American Idol trademark but that linking the logo to lap dancers threatens to cheapen what has been a wholesome -- and highly rated -- program.

"Defendants are infringing upon FremantleMedia's trademark rights," the suit notes, according to the Dallas paper. "There is a substantial likelihood that consumers will be confused, misled or deceived as to the sponsorship ... of the defendants' stripper talent contest."

The Morning News adds that Manfred Westphal, a Fremantle senior vice president, declined to elaborate on the suit. "We have no comment," he told the newspaper.

Club manager and "Stripper Idol" emcee "Kinky" Kelly Jones was more than happy to comment, however. The word "idol," he said, "is biblical and has been around for thousands of years."

Uh-oh. "Biblical?" Is Kinky contemplating a First Amendment freedom-of-religion defense? Idol host Simon Cowell had better pray for a quick settlement.

by Mark Stein


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