December 21st, 2011
10:57 AM ET
The Atlanta Braves fight Disney/Pixar's 'Brave'According to Disney news blog Stitch Kingdom, the Atlanta Braves aren't big fans of upcoming animated film “Brave.” This summer, the Atlanta National League Baseball Club (owners of the Atlanta Braves), reportedly filed an objection to Disney’s attempts to trademark the title “Brave.” The team claims that the upcoming animated film’s moniker is already being used by their organization. Although the Braves don’t own any trademarks for the word “Brave” (only “Braves”), they insist that damages will occur as a result of the trademarks being approved.
The team claims that they’ve used the singular form of Braves on merchandise, and say that “Brave” is used when referring to a single player (as opposed to the whole team being the “Braves.”) The Walt Disney Company and the Atlanta National League Ball Club are said to be currently involved in private negotiations. The 3-D fantasy adventure movie – produced by Pixar and released by Disney – will hit theaters June 22. The kids flick follows a courageous girl from the Highlands of Scotland.
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What the heck are the BRAVES thinking???? I seriously doubt that ANYONE would have thought of the baseball team while watching the movie if they just kept their mouths shut. If anything, DISNEY should now counter sue the BRAVES for damages done to their film because of this needless and senseless argument. How petty and ridiculous are we as a society getting when we feel we can trademark a WORD? This is pathetic – really pathetic. HEY BRAVES! The Donald failed when trying to trademark "You're Fired"....take the hint and go win some baseball games. Leave Disney alone.
Did you even read the article?
The Braves are not saying that anyone may confuse a Disney movie with their sports team. DISNEY is trying to trademark 'Brave'. This means that the Atlanta Braves, who have existed much longer than this movie, may no longer have the right to market things under the word 'Brave' should Disney win.
The Braves aren't even trying to say that THEY should hold the trademark. They're simply objecting to DISNEY'S attempt to trademark 'Brave' because it could, in the future, negatively impact their current marketing. They've been using 'Brave' for quite some time – without trying to prevent its use by others. Disney is the only one trying to claim trademark here.
Looks like it's going to take a crane to get this out.
I just wanna say "Settle Down! Girls! You're BOTH pretty!".
Disney/Atlanta thing sounds like the beginnings of a teen-aged catfight.
I really liked "The Cars", one of my favorite bands. Did Disney/Pixar trademark "Cars", too, after their extended toy commercials of the same names?
Good on the Braves.
I can't think of a single company that is more hypersensitive about it's own intellectual property than Disney, and yet they couldn't give two shorts about anyone else's IP. They make Steve Jobs look like Mother Theresa.
Stick it to them.
Mike, that is the result of one refusing to take their meds.
Just my two cents, but this reminds me of Mojang v. Bethesda/Take Two Interactive where Mojang was being sued for their use of the word "Scrolls" in Mojang's new game, and Bethesda was all like "Nu uh! Confusing with our "Elder Scroll" line, derpity derp!" and Mojand was all like "L0LZ you a dummy"
What I got out of that was that, really, Bethesda really didn't care about the trademark, but if they didn't make a show of defending it, they run the risk of losing the right to defend it later if something that is actually worthwhile comes up. Trademark law is silly. Oh, Bethesda lost the suit, BTW.
Many of you may not know or remember this, but former NBA and I believe current owner of the Miami Heat Pat Riley traded marked the words "Three Peat" while coaching for the Lakers. Years later when the Bulls went for their 3rd straight win, he enforced his right to that saying and sued to have all monies made from mercandies (sp) with that on it (an won) from the Bulls. He would not allow them to use that saying. It was a big stink back then.
And if Disney trademarks Brave then Atlanta as well as high schools with the mascot Braves will have to pay them every time they use the term or change their names. But, according to many, Atlanta is the bad guy in all this.
Ok, now I want to Trademark "I". I know it's a common word used everyday by millions of people but I still feel that I should be able to make a buck or two off it. I mean, I refer to myself as "I" many times a day and when I say it I mean nobody else but me, myself, and "I". If Disney gets "Brave" for 90 or so minutes of animation "I" DEMAND that "I" get "I"! Don't "I" deserve it for almost half a century of use?
Dear Atlanta Braves: Bite my ass.
I'm a braves fan and this truly disgusts me. Am i the only one that thinks Frank Wren is and idiot?
Double check your grammar before calling someone else an idiot.
I'm a Braves fan and you embarrass me. Read the article. Frank Wren is not an idiot. You want this organization to have pay money to Disney for using the word Brave?
Re-read the story. This time more slowly. Disney is the one you should be upset with. And what does Frank Wren have to do with it? He is the General Manager and Executive VP. McGuirk and Libery Media (the Braves Owner) are the ones involved.
Apparently, 90% of the people who commented on this article did not read the story. The Braves are not the bad guys in this story...
So does this mean that we have to pay royalties everytime we sing the national anthem? Land of the free and home of the brave?
What a joke. NOBODY OWNS A WORD. The word Brave belongs to the human race. Not to Disney, not to Atlanta.
What the hell is all that mad gibberish?
I'm seeing a LOT of people that need to look up the words "copyright" and "trademark". If you do, you may understand how goofy the Braves' are being.
Wow are the Braves ultra-hypocrites. For those that don't remember, back when the Braves played the Indians in the 1995 World Series, there was a huge uproar by the Native American population. Even though both franchises were at least 50 years old at the time, they figured this national spotlight would give them some recognition; just as the current Braves team now is trying to earn a few nods their way with the new Disney movie; which has A) NOTHING TO DO WITH BASEBALL, B) NOTHING TO DO WITH ATLANTA, AND C) ABSOLUTELY NOTHING TO DO WITH THE ATLANTA BRAVES.
Are you all even reading the article it's Disney who is trying to copyright the word "brave".
Come on people. Get an education. Hell, read a Wikipedia article on the subject. There are plenty of good reasons for trademarks to exist and plenty of limitations as well.
Dear Atlanta Braves, please go back to doing what you do best...play good all season then choke as usual in the playoffs. Leave the movies alone.
I am planning to trademark the word "smart". Then I can collect a royalty whenever another corporation tries to be smart... I don't expect much of a windfall.
I can see both sides of this. The Braves have a historical claim to the word, but they never trademarked it. They probably should have long ago. I imagine their marketing department is on thin ice for that oversight. In the end I'm sure there will be some kind of agreement. The Atlanta Braves can't prevent Pixar from using it, having never filed the right trademarks. But Pixar would be hard-pressed to prevent an organization that's been using the word longer than they've been in existence to continue doing so.
Why should the Atlanta Braves trademark it? They don't care if someone wants to use the words Brave or Braves. They just don't want to have to pay a fine every time they use one of them.
Oh golly gee, yet another movie where the little 98 pound girl becomes the baddest worrior in the land.
Most of the females in our extended family are 90-98 lbs, 2/3 are redheads, no one is taller than 5' 3". The movie girls are wussies compared to us!
So by that logic, then they should go after every single person singing the National Anthem since it contains the phrase "Land of the Free and home of the Brave". Unless of course they're singing it in Atlanta, since in that situation, it is very ambiguous
1) Disney is being ridiculous for trying to trademark the word "Brave" for any use besides being used in ways similar to the plot and character from the movie.
2) Atlanta MLB is being ridiculous for saying they will suffer damages for use of the "Brave" in a way that in no way is similar to the way they use it.
3) Posters on here are being ridiculous with over-the-top negative comments about Disney or Atlanta MLB. This is just the way our legal system works ... and the ridiculousness only matters if it causes real problems ... which in this specific case, it doesn't.
I doubt this is a publicity stunt since most everybody is blasting Disney for trying to trademark the word "brave" and the Braves for responding to Disney's effort. Neither group wins.
Following my earlier point, Disney may not believe it can trademark the word "brave" but may be attempting to so it can show, in court later, that it tried if somebody somewhere tries to infringe on the movie. Often companies go after a trademark they know they can't get to provide a foundation for future legal action if needed. It's like companies trying to trademark the word "cloud." They know they can't do it, but they want to be on the record as the first who can't do it so, if in the future they can, then they can. Or at least they can keep another company from doing it by showing they tried to do it first.
All of you who think this is about the Braves are wrong. Its about disney trademarking a single word in the dictionary. the braves are correct to stand up to Disney. And yes Disney, once they own the word "brave" would definitely come back against the "Braves" and claim trademark infringement. You better stand up to this big business or pretty soon they could trademark the name "chief" or "duni" or any of your names who think this is about the Braves....Really, read the article!
Pixar is Disney. Anyone who thinks they can win a branding-related legal challenge against Disney is f–ked in the head. These are the guys who got U.S. copyright laws changed in order to keep "Steamboat Willie" out of the public domain.
You don't mess with the Mouse, Atlanta.
– mm
seems like. Odd that the Braves hold their spring training at Disney Worlds Wide World of Sports complex.
You think this is just a publicity stunt? Well, how about I get the trademark to your name and every time you use it you have to pay me money. Would you like that? The Braves are making sure that Disney won't do the same to them since Disney is trying to trademark the word "Brave". Brave is what they call a single player. So, they do use the word. All these schools that use Braves as a mascot would be in big trouble if Disney had the ability to come after them for copyright.
I meant trademark, come after them for using their trademark.
Wow. Some people can't read apparently. The Braves are protecting their brand/trademark from Disney, who are the ones trying to trademark 'Brave'. For those who don't think Disney would go after the Braves after being awarded that trademark... Have you ever tried to get a birthday cake made with a picture of a mouse that looks like Mickey? Disney is notorious for being aggressive with their trademarks, and the Braves have spent nearly 100 years cultivating their brand.
So before you spout off at the mouth and slag the Braves, re-read the story. Disney is the aggressor, not the Atlanta Braves.
You are absolutely right!
Maybe if these people actually took time to read and understand – they would be able to make intellegent comments and/or arguements.
There's a BIG difference between suing someone using a characterisation of something YOU created (i.e. Mickey Mouse) and suing someone from using a word that they have used for years because you trademarked it later. There is nothing implied in the article that Disney even has any intentions of suing the Braves for the singular use of the word. The Braves...I'm sorry....the ATLANTA Braves are just jumping the gun too early on this one. Not being 'stupid' mind you....just jumping the gun. It's like a remake of the story Oliver Twist trademarking the term 'Dodger' for use in T-Shirts and then sueing the LA Dodgers from using the word. It really wouldn't happen. You trademark things to protect YOU, not to syphon off someone else. Disney has a trademark on Snow White but only their interpretation of it, that's why you can see Snow White used in many different stories from many different production companies and they don't get sued. But if you made a movie with the likeness of Disney's Snow White they will protect their interests.
I doubt the Braves believe anybody will confuse a Disney movie with a baseball club. I would say they are doing this because copyright law demands an organization vigorously defend its trademark or risk losing it. This is why Kleenex, Xerox, Velcro, and all other trademark owners have to go through this whenever anybody uses their names generically. Precedent is clear: vigorously defend your trademark or risk losing your ability to object when somebody infringes on it is in the future. Disney's lawyers know this, so they and the Atlanta Braves will come to a quick agreement.
Just wanted to say that you have the issue spot on. Everyone who has commented outrage at the concept of trademarking a word are missing the point. But you aren't. The law compels someone to vigorously sue or lose potential ground later. It reminds me of the story of the Vermont brewing company that had a 10 year anniversary ale named "Vermonster." They were then sued by Hanson, the maker of Monster energy drink. Eventually they came to an agreement, but the lawyers are compelled, through law and greed, to attack anyone even remotely close to using a trademark, even if it is in a different market, and not a competing product. As for Hanson, they backed down. They were concerned that if they ever were allowed to sell alcohol, their major name, Monster, would not be valid. As it turns out, Disney would likely not trademark the single word, but like the Atlanta Braves, it would be something like Pixar's Brave or Disney's Brave (e.g., Disney/Pixar Up).
Everyone who is blasting the BRAVES please go back and re-read the story. It is DISNEY that is trying to trademark the word “BRAVE” – the Atlanta Braves are simply objecting since they currently use the word – not that they OWN the trademark.
Thank you MJ...you actually read AND comprehended the article. I can't freakin stand the Atlanta Braves, but it's obvious that Disney is the sneaky and underhanded ones here. They in fact applied for a trademark of "seal team seven" right after Osama Bin Laden was killed. It was all over the news....they are indeed some sneaky b@st@rds!
...seal team six. My bad.
This is ridiculous. I don't think that anyone can trademark a word in the first place. It would have to include a design and be very specific. Also, you can't trademark the color blue. FYI.
Hey Atlanta, you do NOT own the word, "Brave".
Try expending your energies on making your team better.
Disney doesn't (and should not) own the word "brave" either. That's the point of the article. Disney is applying for a trademark of the word "brave"...or did you just not read the content of the article?
Reading the article, I believe that the Atlanta Braves organization is actually objecting to the fact that Disney/Pixar is working towards trademarking the "Brave" moniker. The team is concerned that if Disney/Pixar request is approved, then the Atlanta Braves could be sued by Disney for using the term Brave in any of their merchandise, advertising, etc.; a term that they admit to already using.
Since Disney/Pixar and the Atlanta Braves are in private negotiations, I'm sure they will work out a deal to ensure that if approved, they will still be allowed to continue using the Brave moniker as they have been.
Just my opinion, but it seems that the Atlanta Braves organization is just trying to protect themselves from future potential trademark infringement lawsuits from Disney/Pixar, as strange as that may be.
Seriously though, has that ever happened? When has a judge allowed someone to sue someone else because Plaintiff A trademarked a word commonly used by Plaintiff B and gave them a settlement? I'm not making a point so much as I am ignorant of such an instance, so if you know of one post it and let us know. If such a thing has happened it would seem very silly use of the law (like that has never happened). I understand McDonalds suing a fellow named Shawn McDonald from using his last name for a business to avoid confusion, but this is more along the lines of Crankshafts Online trademarking the word 'online' and then suing 'America Online' from using the word. I don't think that happens, allowed to happen and Disney doing it.
I guess Merriam-Webster will now have to remove the word "brave" from any future printings of their dictionaries, or face paying the Atlanta Braves for use of the word. When is America going to get fed up and revolt?
When are you going to start reading articles before commenting? You have it all wrong...
I'm sure the players and their millions really don't care about a movie name !!
Atlanta Braves – just another bullying sports organization. No wonder members of public school sports teams are nothing but dumb bullies. I lost respect for any of these teams years ago when the players started making millions of dollars from playing a stupid game. They need to get over themselves.
And if YOU were a talented baseball player, you would not accept the millions offered to you? Does the concept of "jealous" come to your mind?
Given their late-season collapse, the Braves probably would have a better case if the film were called "Choke."
Representing the Otis Elevator Company, we attempted to block Disney/Pixar's release of the movie "Up" with similar concerns about confusion and copywrite infringement. Unfortunately, those b@st@rds at 7Up colluded with the filmmakers to block the suit and it's been seething hatred ever since.
Fight on, Braves! By my estimation, you should be due your next World Series in about 30 years or so. This will give you something to do until then.
The bigger concern should be about how bad this movie is going to be. Seriously, check out the trailer it looks horrendous and could be the worst production by Pixar thus far. The lead character looks like a complete hot mess.
They should have used William Wallace instead
Does this mean I will be sued for singing the national anthem. It has the word brave in it. This is so stupid. Atleast Disney/Pixar films are entertaining. Atlanta Braves suck!
You suck at reading comprehension
Sounds like the Braves hired the same lawyer that represented Spike Lee when TNN was renamed Spike TV. At least the names were the same in that instance.
Really Atlanta Braves? Really?!
just when I think I've heard it all.....how dumb can an entire organization be???? REALLY a cartoon that is not about baseball, atlanta, georgia, indians, or any thing red & black and they want to say it's about them.....GO practice bunting balls or something....WOW
Pearl-the Braves are not red & black. The Braves' colors are red & blue. The Atlanta Falcons are red & black.
1) Atlanta Braves, your organization is acting like a bunch of jerks. You own the logo/words "Atlanta Braves"–together, not "Atlanta" or "Braves".
2) As mentiioned previously, this movie is about a little girl in Scotland,being brave–it has nothing to do with any of the indigenous tribes of North America.
3) Instead of wasting your time being ignorant, why don't you spend the energy on helping people–the elderly who can't afford their medications, children going without food or a home to live in, people who are trying to find a job, etc.
I have long been a fan of the Atlanta Braves, but I may have to rethink that position if you are going to pull bone-headed stunts like this one. Shame on you, Atlanta Braves. Shame.
I think you are missing the point that Disney shouldn't be allowed to trade mark a common word, and name similar to theirs. They are simply preemptively making sure Disney can't come back and hit them with a copyright/trademark infringement case for their existing name. Disney is not exactly an ethical company. If I were the braves, I'd do exactly the same thing.
Jeana, Instead of wasting your time being ignorant, why don't you spend the energy on helping people–the elderly who can't afford their medications, children going without food or a home to live in, people who are trying to find a job, etc.
What a pair of buttheads – Atlanta & Disney. This is one stupid story; Atlanta trying to protect its racist use of the word Braves ( as a 1/2 native American, I find that term offensive).
The name 'Braves' is racist? Maybe 'Redskins', but not 'Braves'. That's a term of honor, Chris, and you know it. So you're trolling AND needlessly pulling the race card. 2 for 2...nice job.
I can't think of a single team in sports that isn't plural. I'm from the west coast where we have 49ers, Raiders, Warriors, Lakers, Kings, A's, Giants, etc. All plural. And none of the merchandise has the team's name in the singular. Sure, Jano is a "raider". And if disney wanted to make a movie about ancient vikings and call it "raiders" or "raider" I don't think it would be a problem. Same for a movie about the gold rush. They often copywrite/trademark the word along with it's font. So as long as it was clear that it's different, who the hell cares?
Stanford Cardinal
Sports teams that aren't plural: Tampa Bay Lightning, Miami Heat, Orlando Magic, Minnesota Wild. Probably more but these I can think of off the top of my head.
Notre Dame Fighting Irish, Tulane Green Wave, Alabama Crimson Tide
Utah Jazz and Colorado Avalanche round it out for the pros in the four major sports. There are several MLS teams like the Chicago Fire and DC United as well.
There is a very close positive correlation between a league's penchant for franchises with singular names (Miami Heat, etc.) and the crappiness of said league
What is this crap? How on earth can one be allowed to trademark a single word that appears in the dictionary. It's plain stupid.
Really? REALLY? This is one of the dumbest things I've read all morning and that includes the piece I just read on Kris Humpries and the New Jersey Nets. Atlanta Braves...you really think people are going to mix up a Disney Princess with your sports team because you both use the same adjective? Well come to think of it...you raising a stink about this does sound like something a spoiled little brat would do. C
Re-read the story....slowly. Disney is trying to TRADEMARK a common word. Not the Atlanta Braves. The Braves are worried that they could be sued by Disney one day for using the word Brave on any merchandise. I'd try to fight Disney over their unethical and unfair abuse of Trademark laws, too.
Don't bother trying to explain to this person. This person not only wasted time reading about Kris whathisname but wasted even more time complaining about what a waste of time that was. Clearly, this is not a person of vigorous thought.
Seriously. The Atlanta BRAVES, need to take a chill pill. Its a kids movie about a little girl being brave. Stop trying to prevent people from using the English language.
Actually you've got this backwards Duni. The Braves are not trying to keep Disney from using the word brave on their movie. They're trying to protect their own use of the word brave by saying Disney has no right to trademark the name. And IMO the Braves are correct. I'm a Phils phan, so you know it's gotta hurt for me to say the Braves are correct, but they are.
Yeah, right, PhilsPhan, that's some rivalry you got going with Atlanta *yawn*
Seriously DISNEY needs to take chill pill and not try to copyright every common word they might use in a movie. What next, just attach a copyright to the front of a dictionary and claim the contents?
Disney made the mistake of naming a film with a common word. Did Pixar copyright 'UP'?
Actually, if Disney receives a trademark, they would be in position to regulate the use of the English language in the way you apparently find objectionable right now. If Disney just wanted to call the movie Brave and end it at that, there would be no issue. But since Disney wants to pump out bunch of plastic toys from China and sell at a huge markup, they need to protect the name Brave so the same factory that churns out the same useless plastic trinket can't dump the extras and rejects to second channel to be sold under the same Brave name. So if you're gonna be upset at anyone, be upset at Disney.
I wonder what the proud native peoples have to say about this travesty of justice?
Tonto hear chief. Tonto no like baseball
I think most of the idi0ts posting here are missing the point of this article. First of all Disney is trying to copyright a common word, which is ridiculous. Then, given Disney's history of being d0ucheb4gs, I wouldn't be surprised if they got it and then sued the atlanta braves for copyright infringement for the name they already have. That's how they roll.
They're wanting to trademark it, not copyright it. Big difference.
I'm pretty sure the word "brave" isn't in most indigenous Native American languages...