FARK.com: (6243818) John Elway's lawyer asks punk rock band to stop using the NFL star's last name. Hilarity and more attention than the band could have ever hoped for ensues

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(Yahoo)		John Elway's lawyer asks punk rock band to stop using the NFL star's last name. Hilarity and more attention than the band could have ever hoped for ensues (thepostgame.com)		56
		More: Amusing, John Elway, Dead Kennedys, Denver Broncos, Fort Collins

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Keys dude

2011-05-28 10:35:02 AM

The band's response is hilarious. And subby's headline is spot-on.

SharkTrager

2011-05-28 10:41:34 AM

They should just change their name to Monstergums.

UNC_Samurai

2011-05-28 10:43:01 AM

I didn't hear Bo biatching about the Dead Schembechlers.

RandomAxe

2011-05-28 10:43:42 AM

There's really no way to even know what his last name will be. If it eventually turns out to be Korn or something like that, imagine how dumb the lawyer will look.

fatalvenom

2011-05-28 10:47:28 AM

"We have no intention of changing the name again. We love the name, regardless of what connotations are inferred by the listener. Surely, if the Dead Kennedys could become one of punk's most popular bands without incurring litigation, Elway can keep their moniker and continue making so-so music for our dozens of fans to enjoy."

So. Full. Of. Win.

obzerver

2011-05-28 10:47:58 AM

From the comments on their site:
THANK YOU JOHN ELWAY - I was looking for a kick ass group like this!!!!
John you are an arrogant idiot. (new window)

Zoidfarb

2011-05-28 10:53:01 AM

/hotlink

Theaetetus

2011-05-28 11:00:36 AM

15 USC 1125:
(1) Any person who... in connection with any... services... uses in commerce any... name... which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the... sponsorship, or approval of his or her goods, services, or commercial activities by another person... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

The Dead Kennedys didn't get sued because Kennedy was dead. Elway could certainly sue the band.

WoodyHayes

2011-05-28 11:06:30 AM

John Elway farked up my childhood. If I ever get one of those "you have twenty four hours left to live" things from my doc, Elway will receive my vengeance.

Broadcastdave

2011-05-28 11:08:32 AM

el suero

SamFlagg

2011-05-28 11:12:42 AM

Theaetetus: 15 USC 1125:
(1) Any person who... in connection with any... services... uses in commerce any... name... which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the... sponsorship, or approval of his or her goods, services, or commercial activities by another person... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

The Dead Kennedys didn't get sued because Kennedy was dead. Elway could certainly sue the band.

I'm pretty sure they didn't get sued because no one thought JFK was fronting the band with RFK doing back up vocals.

Similarily I don't think that any reasonable person is going to mistake Elway the band for Elway the quarterback.

mightybaldking

2011-05-28 11:15:08 AM

We have no intention of changing the name again. We love the name, regardless of what connotations are inferred by the listener. Surely, if the Dead Kennedys could become one of punk's most popular bands without incurring litigation, Elway can keep their moniker and continue making so-so music for our dozens of fans to enjoy.

They can, and stop calling me Shirley.

YoungLochinvar

2011-05-28 11:15:24 AM

Elway could certainly sue the band.

IF one believes it reasonable that people would confuse the band with John Elway himself (or with his tacit approval), unless I'm reading that statute incorrectly. Personally I'm not sure that's a reasonable argument.

carnifex2005

2011-05-28 11:17:17 AM

Cackling at these shenanigans and rolling a blunt.

YoungLochinvar

2011-05-28 11:17:28 AM

Heh, I guess he could sue regardless. I'm just not sure he'd win in court.

/Not yet sufficiently caffeinated

swahnhennessy

2011-05-28 11:34:33 AM

Theaetetus: he Dead Kennedys didn't get sued because Kennedy was dead. Elway could certainly sue the band.

Which Kennedy?

As a football player Elway was awesome. Outside of that, the guy is a dope.

The Slush

2011-05-28 11:34:34 AM

Theaetetus: 15 USC 1125:
(1) Any person who... in connection with any... services... uses in commerce any... name... which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the... sponsorship, or approval of his or her goods, services, or commercial activities by another person... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

The Dead Kennedys didn't get sued because Kennedy was dead. Elway could certainly sue the band.

Because John Elway has a solo act where he plays in dive bars along side punk bands? Yeah, I could see how that would be confusing.

sammyk

2011-05-28 11:55:37 AM

WoodyHayes: John Elway farked up my childhood. If I ever get one of those "you have twenty four hours left to live" things from my doc, Elway will receive my vengeance.

Browns fan? Yea that was painful to watch over and over again. But I loved it muhahahah

/bleeds orange

1derful

2011-05-28 12:08:24 PM

In the late 90's there was a band in Knoxville Tennessee called Satan Manning.

zippolight2002

2011-05-28 12:33:54 PM

obzerver: From the comments on their site:
THANK YOU JOHN ELWAY - I was looking for a kick ass group like this!!!!
John you are an arrogant idiot. (new window)

Myspace? Really?

Theaetetus

2011-05-28 12:35:12 PM

SamFlagg: Theaetetus: 15 USC 1125:
(1) Any person who... in connection with any... services... uses in commerce any... name... which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the... sponsorship, or approval of his or her goods, services, or commercial activities by another person... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

The Dead Kennedys didn't get sued because Kennedy was dead. Elway could certainly sue the band.

I'm pretty sure they didn't get sued because no one thought JFK was fronting the band with RFK doing back up vocals.

Similarily I don't think that any reasonable person is going to mistake Elway the band for Elway the quarterback.

Yeah, but if you read the statute I quoted, you find that that's not a requirement. Might a reasonable person believe that Elway the quarterback endorses Elway the band? Or sponsors them? Or, dare I say, approves of them? Then it qualifies. They don't have to mistake the band for an NFL quarterback.

Theaetetus

2011-05-28 12:35:53 PM

The Slush:
Because John Elway has a solo act where he plays in dive bars along side punk bands? Yeah, I could see how that would be confusing.

See above.

expobill

2011-05-28 12:46:47 PM

WoodyHayes: John Elway farked up my childhood. If I ever get one of those "you have twenty four hours left to live" things from my doc, Elway will receive my vengeance.

i was in a Cleveland airport and asked a cop if John Elway was allowed in this city.
he laughed, got serious and said NO!
this was in 2004

frtmn7

2011-05-28 12:48:35 PM

Theaetetus: SamFlagg: Theaetetus: 15 USC 1125:
(1) Any person who... in connection with any... services... uses in commerce any... name... which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the... sponsorship, or approval of his or her goods, services, or commercial activities by another person... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

The Dead Kennedys didn't get sued because Kennedy was dead. Elway could certainly sue the band.

I'm pretty sure they didn't get sued because no one thought JFK was fronting the band with RFK doing back up vocals.

Similarily I don't think that any reasonable person is going to mistake Elway the band for Elway the quarterback.

Yeah, but if you read the statute I quoted, you find that that's not a requirement. Might a reasonable person believe that Elway the quarterback endorses Elway the band? Or sponsors them? Or, dare I say, approves of them? Then it qualifies. They don't have to mistake the band for an NFL quarterback.>

They are just called Elway. John Elway can't sue everyone who uses just the name "Elway" right? What if the band says they are named after their childhood cat, or the street they grew up on? His name is in the public domain at some point. Also when the dead kennedys were around their were live Kennedys around and they didn't get sued. Elway is a piece of shiat picking on the little guys. Go back to your millions and leave a no-name little punk band alone.

dohrk

2011-05-28 12:50:07 PM

Kinda like how Beretta sued Chevy for using the name Baretta. A judge said they aren't the same thing.

Also, Car & Driver or Road &Track did a comparison between the two. The gun had better acceleration, but the Chevy cornered better.

frtmn7

2011-05-28 12:50:39 PM

I fail at Html.

t3knomanser

2011-05-28 01:14:21 PM

Theaetetus: Might a reasonable person believe that Elway the quarterback endorses Elway the band? Or sponsors them? Or, dare I say, approves of them?

No.

ihatedumbpeople

2011-05-28 01:28:39 PM

SamFlagg: Theaetetus: 15 USC 1125:
(1) Any person who... in connection with any... services... uses in commerce any... name... which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the... sponsorship, or approval of his or her goods, services, or commercial activities by another person... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

The Dead Kennedys didn't get sued because Kennedy was dead. Elway could certainly sue the band.

I'm pretty sure they didn't get sued because no one thought JFK was fronting the band with RFK doing back up vocals.

Similarily I don't think that any reasonable person is going to mistake Elway the band for Elway the quarterback.

Exactly...I think Monster Cable lost a few suits this way...no one was going to confuse Monster Cables with Monster drinks or other "monster" products.

WoodyHayes

2011-05-28 01:49:18 PM

sammyk: Browns fan? Yea that was painful to watch over and over again. But I loved it muhahahah

/bleeds orange

I was a Browns fan growing up, not really anymore. All I can do is tip my cap to thee, and I totally get the rubbing it in thing so no problems there. :)

expobill: i was in a Cleveland airport and asked a cop if John Elway was allowed in this city.
he laughed, got serious and said NO!
this was in 2004

I don't doubt you one bit.

propasaurus

2011-05-28 01:49:54 PM

Theaetetus: SamFlagg: Theaetetus: 15 USC 1125:
(1) Any person who... in connection with any... services... uses in commerce any... name... which is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the... sponsorship, or approval of his or her goods, services, or commercial activities by another person... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.

The Dead Kennedys didn't get sued because Kennedy was dead. Elway could certainly sue the band.

I'm pretty sure they didn't get sued because no one thought JFK was fronting the band with RFK doing back up vocals.

Similarily I don't think that any reasonable person is going to mistake Elway the band for Elway the quarterback.

Yeah, but if you read the statute I quoted, you find that that's not a requirement. Might a reasonable person believe that Elway the quarterback endorses Elway the band? Or sponsors them? Or, dare I say, approves of them? Then it qualifies. They don't have to mistake the band for an NFL quarterback.

The only 'reasonable' person who would believe that is the lawyer representing John Elway.

srhp29

2011-05-28 01:58:35 PM

Mookie Blaylock got Pearl Jam to drop his name as the band name, but that was his WHOLE name.

Olfin Bedwere

2011-05-28 02:05:02 PM

Maybe they should change their name to Horseface and make it a John Elway tribute band

davidphogan

2011-05-28 03:31:40 PM

srhp29: Mookie Blaylock got Pearl Jam to drop his name as the band name, but that was his WHOLE name.

I'm pretty sure their label said hell no to it, which is why the chose the more obscene name instead.

thermo

2011-05-28 04:08:44 PM

Olfin Bedwere: Maybe they should change their name to Horseface and make it a John Elway tribute band

came to say that.... that would be epic

The Doubting Apostle

2011-05-28 05:38:39 PM

The best band name ever was John Cougar Concentration Camp.

A close second would be Shirley Temple of Doom.

Two of my favorite band names playing off somebody's name.

Don't know too much of either's music though.

Chupacabra Sandwich

2011-05-28 05:41:37 PM

The Doubting Apostle: Two of my favorite band names playing off somebody's name.

There's a local band in Phoenix called George Moshington
Also, Abraham Drinkin'

also, Janice Joplin Crap n' Vomit, but that's just kind of wrong

The Doubting Apostle

2011-05-28 05:44:35 PM

Abraham Drinkin'

Sounds great. A new favorite of mine!

Your Blog Sucks

2011-05-28 05:46:03 PM

FTA: "There have to be quite a few people perusing the band's MySpace site, rocking out to songs like "Wolf Shirt," which to be honest, isn't a bad little jam."

lolwut

pjlawrence81

2011-05-28 06:35:44 PM

expobill: WoodyHayes: John Elway farked up my childhood. If I ever get one of those "you have twenty four hours left to live" things from my doc, Elway will receive my vengeance.

i was in a Cleveland airport and asked a cop if John Elway was allowed in this city.
he laughed, got serious and said NO!
this was in 2004

How about Michael Jordan, Art Modell, or Lebron James?

/Is there anyone who hasn't ripped the collective heart out of that city?

Sislik

2011-05-28 07:04:36 PM

Your Blog Sucks: FTA: "There have to be quite a few people perusing the band's MySpace site, rocking out to songs like "Wolf Shirt," which to be honest, isn't a bad little jam."

lolwut

If they was farkers, it would have been 3 wolf shirt

pregerstheHobo

2011-05-28 08:07:54 PM

I'm so confused... John Elway being a douche vs. I grew up and still live in Denver.

Speaking against Elway is blaspheme!!!

/support the band in this case
//go John Elway
///GO BRONCOS!!

Medical Toilet

2011-05-28 09:05:38 PM

Did he file a claim with WIPO yet?

Subtle Like A T-Rex

2011-05-28 09:30:23 PM

Can't top this

SlothB77

2011-05-28 09:49:32 PM

Fans of the basketball player, the band members of Pearl Jam originally named their group "Mookie Blaylock", but they were forced to change the name. They settled on naming their debut album Ten after Blaylock's jersey number. In addition, Blaylock himself is a fan of Pearl Jam.

SlothB77

2011-05-28 09:54:21 PM

davidphogan: srhp29: Mookie Blaylock got Pearl Jam to drop his name as the band name, but that was his WHOLE name.

I'm pretty sure their label said hell no to it, which is why the chose the more obscene name instead.

how is it obscene? what does pearl jam mean?

mikaloyd

2011-05-28 10:26:32 PM

Elway will come completely unhinged once he finds out about this.

davidphogan

2011-05-28 10:34:45 PM

SlothB77: davidphogan: srhp29: Mookie Blaylock got Pearl Jam to drop his name as the band name, but that was his WHOLE name.

I'm pretty sure their label said hell no to it, which is why the chose the more obscene name instead.

how is it obscene? what does pearl jam mean?

Jizz. They 'came from' Mother Love Bone.

mikaloyd

2011-05-28 10:35:54 PM

He wont dig who ELSE is using the name he owns AT ALL!

www.doanedesigns.net