Speaking Of Comic Books: Iron And The Maiden
May 6, 2009 by Scott
Iron Maiden has filed a lawsuit against a comic book creator for the name of his comic which is titled Iron And The Maiden. The band says that there is a “Confusing similarity” between the bands name and the comic book title. According to Blabbermouth, the creator and spokesperson for the comic book company, Jason Ruben, stated the following.
“The Iron and the Maiden legal team believes that this case is completely without merit. It is outrageous to claim ownership of the well-known term ‘Iron Maiden,’ a medieval torture device that predates rock and roll by centuries and is part of world culture, legend, and lore.
“The comic book at the center of this case, ‘Iron and the Maiden’, is set in an alternate universe 1930s. The main character, Michael Iron, and his maiden, Angel Chase, are two very different characters forced together by circumstances. The title is a play on the torture device. Any rational person who looks at the property at www.ironandthemaiden.com will immediately understand how ridiculous the assertions made in the complaint are.”
I’d have to agree with the comic company. Anyone in their right mind isn’t going to confuse a legendary metal band with a comic book of a similar name that is drawn from a torture device. If it was another metal band using the Iron And The Maiden name, then perhaps they would have a viable complaint. Granted, the comic book logo looks like it say “Iron Maiden” if you don’t initially see “And The” between the names, but still.
Everyone is just so damn lawsuit happy these days.
(Image: Amazon.com)
Doesn’t Iron Maiden have anything more important to do at the moment? Anything–AT ALL–else on their minds besides a stupid lawsuit? This is just as dumb as Spike Lee suing Spike TV for taking his name a few years ago.
Hmm. They could maybe, I don’t know, work on a new album or something. Maybe they’ll sue Nickelodeon for Ed, Ed & Eddie next?
There’s no way in hell this would work out for Iron Maiden based on the multi-factor tests U.S. courts use in order to determine if there is an infringement. Ultimately the major question is if there has been any actual confusion between the two marks and if there is a chance for confusion. I think both would clearly lead to no infringement.
I agree, legally it doesn’t even look like a ‘passing off’ suit can be placed on the artist since not even the fonts are close to the band’s logo, notwithstanding the fact that the ‘and the’ word is small for any reader to catch as pointed out. Therefore it definitely would rule out any chance for confusion to be put forth as their chance for a successful lawsuit.