Lady Miss Kier sues Sega!

[ultra]

icon_rofl.gif

Deee-lite Singer Sues Sega
Video game character called a rip-off

Kierin Kirby (a.k.a. Lady Miss Kier), formerly of the pop-dance act Deee-lite, is suing the Sega video game company for allegedly copping her image, vibe and trademark diva looks.
The suit, filed Monday in Los Angeles Superior Court, claims that Sega's character Ulala, of Space Channel 5 and Space Channel 5 Part 2 "bears a striking physical similarity and likeness to plaintiff." Kirby is charging the company with infringement of right of publicity, misappropriation of likeness, unfair competition, unjust enrichment and other claims.

"The similarities and likenesses include the same or nearly the same distinctive make-up, large eyelashes, doe eyes, red/pink hair, pony tails, cute backpacks, mini-skirts, knee-socks, knee-high boots, and platform shoes," the lawsuit reads. "The similarities and likenesses are so close that viewers, listeners, and consumers were and are confused or likely to become confused between Ulala and plaintiff."

Another point of potential confusion between Ulala and Lady Miss Kier is the 1970s' funky vibe of the games, its music and the character's dance moves, allegedly similar to the moves and style in the music video for Deee-lite's international hit "Groove Is in the Heart" from their 1990 album World Clique. In addition, the suit points out that the name Ulala is a phonetic spelling of Lady Miss Kier's signature expression "ooh-la-la."

The singer further claims that between May and July 2000 Sega asked to license her likeness, image and name for the games for roughly $15,000, but she declined. She is now seeking more than $750,000 for their misuse.

CARRIE BORZILLO-VRENNA
(April 29, 2003)

Source: rollingstone.com

[liL Ray]

Some peeps will sue for anything...I guess the royalty checks are slowing down.

[Jolyon]

Ray, true.

Do you think Dee-Lite made much from Groove Is In The Heart? They must have had to pay Herbie Hancock and Vernon Burch most of the royalties for that hit.

[D J 1 3 8]

This is absurd. If yu can get sued for little backpacks and platform shoes, I guess she should go after every other anime cartoon in Japan too.

[The Donger]

Then I think all the ravers should sue Miss Kier for biting thier look.

[Nicholas]

Ulala rocks.

[darrow]

I've never seen the game. For those that have...

were you "confused" as the text in the lawsuit says about who Ulala was? Did you think it was Lady Miss Kier?

[SHEIK YERBOUTI]

Well, if they offered her $15,000 to license her "image", then they saw something distinctive in her that they wanted to use in their game for their character.

[liL Ray]

Originally posted by toomuchtv:
Well, if they offered her $15,000 to license her "image", then they saw something distinctive in her that they wanted to use in their game for their character. she is the one saying this....should we just take her word like sheeps to the slaughter?

[Nicholas]

you werent confused. they are definately eating apples from the same fashion tree but then as donger said, many ravers would be in on the action as well as a ton of japanese schoolgirls.

hmmm... japanese schoolgirls... action... hmmmm...

(joking!!!!)

http://www.flatbatteries.clara.net/opinions/pixelchick/ulala1.gif

http://sega.gamerweb.com/news/0600/imgs/ulala.jpg

sad people:

http://kse3.dyndns.org:1129/ak2k/hall/ulala.jpg

http://www.carriesager.com/axpics/ulala.jpg


But the game is crazy fun, and girlfriends LOVE it.

[Bill Blake]

http://www.papermag.com/paperdaily/paperclips/01paperclips/sundance/images/lady_miss_kier.jpg

Looks to me like she let her own 'image' go by the way side.

[liL Ray]

Originally posted by Jamie Lennox:
http://www.papermag.com/paperdaily/paperclips/01paperclips/sundance/images/lady_miss_kier.jpg

Looks to me like she let her own 'image' go by the way side. bwwwaaaaahahahahahahaha!!

[And]

Originally posted by liL Ray:
</font><blockquote>quote:</font><hr />Originally posted by toomuchtv:
Well, if they offered her $15,000 to license her "image", then they saw something distinctive in her that they wanted to use in their game for their character. she is the one saying this....should we just take her word like sheeps to the slaughter? </font>[/QUOTE]Hmm well the article doesn't say that the video game company didn't make the offer so who really knows.

[SHEIK YERBOUTI]

Originally posted by liL Ray:
</font><blockquote>quote:</font><hr />Originally posted by toomuchtv:
Well, if they offered her $15,000 to license her "image", then they saw something distinctive in her that they wanted to use in their game for their character. she is the one saying this....should we just take her word like sheeps to the slaughter? </font>[/QUOTE]You're correct, but ease back, LR. I said "IF".

IF = A possibility, condition, or stipulation.

IF they offered her money, then maybe she's got a case.

IF they did not, then there's no case. They could have just as easily pieced Ulala's look together from any of the girls you see walking through the streets of Tokyo every day.

Except for the big ass blue eyes, that is...

[ May 01, 2003, 11:12 AM: Message edited by: toomuchtv ]

[liL Ray]

Originally posted by toomuchtv:
</font><blockquote>quote:</font><hr />Originally posted by liL Ray:
</font><blockquote>quote:</font><hr />Originally posted by toomuchtv:
Well, if they offered her $15,000 to license her "image", then they saw something distinctive in her that they wanted to use in their game for their character. she is the one saying this....should we just take her word like sheeps to the slaughter? </font>[/QUOTE]You're correct, but ease back, LR. I said "IF".

IF = A possibility, condition, or stipulation.

IF they offered her money, then maybe she's got a case.

IF they did not, then there's no case. They could have just as easily pieced Ulala's look together from any of the girls you see walking through the streets of Tokyo every day. </font>[/QUOTE]true dat...

[Mah'chew]

She sucks for this, Ulala rocks, she's my current screensaver on my cell-phone, Miss Keir get a proper job and stop biting Japanese culture..

If I press '5' on my phone Ulala does a little dance and I can almost see up her skirt :D

[And]

Originally posted by Mathius:
She sucks for this, Ulala rocks, she's my current screensaver on my cell-phone, Miss Keir get a proper job and stop biting Japanese culture..

If I press '5' on my phone Ulala does a little dance and I can almost see up her skirt :D Why does she suck? Because she's suing a company that could be making millions (ignorant of video game sales) using an image in her likeness after allegedly offering her money to do so? What would you suggest she do?

[daniel]

Originally posted by 6 23:
Because she's suing a company that could be making millions (ignorant of video game sales) nope, millions is right.

if she can prove that they approached her, i don't see a problem with it.

[And]

Originally posted by daniel:
</font><blockquote>quote:</font><hr />Originally posted by 6 23:
Because she's suing a company that could be making millions (ignorant of video game sales) nope, millions is right.

if she can prove that they approached her, i don't see a problem with it. </font>[/QUOTE]That's how I see it too.

[alex zen]

a trade dress suit shouldn't be too hard to prove. but does she have the money to go against sega's lawyers?

[YUJI-SAN]

WTF. Its been damn near 5 yrs now since that game came out and now shes gonna pull this shit?

[dennis f]

she may have a case but if it goes to trial....the trial judge says....
she gets .....nada!

because//
for that matter anybody with any type of likeness to a character in any video game would have the right to sue....that would set a disturbing and unheard of precedent. Thereby threating to put game developers out of business and setting an unfair and unjust restraint on the ability of a game developer's right to earn monies. Just like that she's out of the cash her shiesty ass lawyer charged her.....What truly marvels me is that he's actually counselled her into believing she has some sort of case....or maybe not....they're most likely hoping that Sega will settle out of court for some low ball figure because it will cost Sega more with their 500usd/hr corporate lawyers to take it to trial....I bet she gets either zilch(which she deserves) or a real low ass figure of which a 1/3 her lawyer will scarf up.... this is plain ass extortion...no other way to look at it...

just my 2 cents
dee!

[Mah'chew]

Originally posted by 6 23:
</font><blockquote>quote:</font><hr />Originally posted by Mathius:
She sucks for this, Ulala rocks, she's my current screensaver on my cell-phone, Miss Keir get a proper job and stop biting Japanese culture..

If I press '5' on my phone Ulala does a little dance and I can almost see up her skirt :D Why does she suck? Because she's suing a company that could be making millions (ignorant of video game sales) using an image in her likeness after allegedly offering her money to do so? What would you suggest she do? </font>[/QUOTE]Like Lil Ray said, this is coming from her camp! I cannot see any tangible link between the image of her and this character - it's ridiculous..

It's just another example of absurd compensation culture style law suits that the US civil legal system tends to nurture and should be filed under 'FAT KIDS SUE McDONALDS'.

This would never happen in the UK, shit we don't even have any privacy laws, because 'image' is so difficult to pin down and account for.

I stand by what I said, Miss Keir does not own her 'image' and she should get a proper job smile.gif

[ May 01, 2003, 10:01 PM: Message edited by: Mathius ]

[JMNYC]

just a question: if we were talking about RuPaul instead of Lady Miss Kier, would the tide be going in the other direction?

The concept of intellectual property can often get a little sticky.

[And]

Yep, yep, the bigger issue is law suit abuse.
Unfortunately things have gotten so silly here people can and do sue for all sorts of reasons.

To Dennis - Yes a "likeness" win would set a dangerous precedent but there aren't a bunch of other women that look like Ulala/Kier coming forward claiming to have been offered money by the company. I'm still thinking the validity of her claim will be based on the supporting documents or evidence she has of her meetings/talks with the company. Then again, I don't know much about the legal system.

[Ron la Rock]

KUCF all yall
yall know thier ripping her off the whole shit is kier's flavor at that early 90's time

she turned down the price probably cause these games makes hundreds of thousands and they offer only 15g? everybody knows you get more if they include a percentage of game sales/royalties worldwide the checks are blissful

japenese buisness men know how to get around paying proper fees
i have friends including this 1 (kier) who done dance games for squat straight up gettin jerked from guess who? these japenese companys

of coarse yall know these still my peeps
so suck
off old bitch network

GET YOUR PAPER KIER

laterz

'how do U say delec-tible how do U say DEE LITE!

yall treddin thin wAter
gotta go bout get really banned in a minute

what culture japenese got= xerox anything precieved hip american?????????????????????

[ May 01, 2003, 11:13 PM: Message edited by: Ron paizley ]

[Mah'chew]

Ron,

Examples of Japanese Culture!
http://www.walkerplus.com/wedding/nogikaikan/image/nogi5sanndou.jpg
Shinto

http://www.so-net.ne.jp/CYBERJAPAN/contents/fashionzone/fashionpolice/may02/body_soul1/04.jpg
4,000 people dancing to House & Classics (what's that 1 or 2 months worth of Shelters?)


http://www.kingstreetsounds.com/logobar.gif
King Street Records (or should that be Osama Dori Records????)

http://www.livemusicstudio.com/images/ganguro/ganguros2.jpg
Ganguro Girls (closer to Ulala than Keir was ever)

http://www.fhi.nl/wws/sumo.jpg
Sumo (granted you get the odd Hawaiian)

Of course the Japanese are receptive to other cultural influences and the fact that we have a heavy presense of US military in Japan means that they have picked up all the US culture, good and bad..

Of course you're going to get some cultural feedback and may even get overtaken in some cultural aspects. A good example is baseball, if the US allowed Japanese teams to play in the World Series, then Yomiuri Giants would win it every year!

And where would the Yankees be without Hideki Matsui? :D
http://sportsillustrated.cnn.com/baseball/news/2002/10/31/hideki_ap/t1_matsui_ap.jpg

[ May 02, 2003, 12:16 AM: Message edited by: Mathius ]

[the 18th letter]

If, and I say if, they offered her money for her likeness, then used it anyway....They got to pay. Regardless of who likes what all over Japan. The same as if someone offered money for a song, never paid for it, bt used it anyway. They sampled her ass and now they got to pay.

[Mah'chew]

If they offered money it makes it slightly different, but they are always going to argue that the character is not her, it's not infringed on any copyright in anyway.

So she owns the right to platform boots, bright dyed hair and a rucksack??? Yeah, please, she needs to get a job and start thinking about how she can make money not scam it with the aid of some Jackass lawyer!

What next, Carmen Electra to sue the makers of Tomb Raider?

Advil to sue the makers of PacMan? (DHP Smilies counter sue Advil?)

There's no case to answer here, they haven't biten anything from her, can someone point out what they've done wrong? This is compensation culture gone crazy!

If anyone takes one of my mixes from the favourite blend thread, then I am coming in with my lawyers and I want paying :D

[ May 02, 2003, 01:39 AM: Message edited by: Mathius ]

[Mah'chew]

japenese buisness men know how to get around paying proper fees
i have friends including this 1 (kier) who done dance games for squat straight up gettin jerked from guess who? these japenese companys


what culture japenese got= xerox anything precieved hip american????????????????????? [/QB]Ron, and I suppose all Black people have rhythm and all the best tailors are Jewish?

[erd]

Originally posted by Jamie Lennox:
http://www.papermag.com/paperdaily/paperclips/01paperclips/sundance/images/lady_miss_kier.jpg
Oh man, I don't wan to hear any bad words about Miss Kier here!
I just love that woman. graemlins/1luvu.gif

Peace,

Gerd

[Ron la Rock]

Originally posted by Mathius:
</font><blockquote>quote:</font><hr />

japenese buisness men know how to get around paying proper fees
i have friends including this 1 (kier) who done dance games for squat straight up gettin jerked from guess who? these japenese companys


what culture japenese got= xerox anything precieved hip american????????????????????? Ron, and I suppose all Black people have rhythm and all the best tailors are Jewish? [/QB]</font>[/QUOTE]no doesn't mean that at all just i know some of the illest dancers 9eho travel to japan lived and worked and taught all the japanese kids there and here how 2 dance house and other styles as well
actaully some of the cats(studentwise) are nice however they done shows video game stuff 4 diddly squat and on that i stand by my statement it really wasn't as harsh(nor racist)
of coarse you dissed someone who has had a lot of influence on the scene and fashion at one point and old friend and mentor of mine

[the 18th letter]

Originally posted by Mathius:
If they offered money it makes it slightly different, but they are always going to argue that the character is not her, it's not infringed on any copyright in anyway.

So she owns the right to platform boots, bright dyed hair and a rucksack??? Yeah, please, she needs to get a job and start thinking about how she can make money not scam it with the aid of some Jackass lawyer!

What next, Carmen Electra to sue the makers of Tomb Raider?

Advil to sue the makers of PacMan? (DHP Smilies counter sue Advil?)

There's no case to answer here, they haven't biten anything from her, can someone point out what they've done wrong? This is compensation culture gone crazy!

If anyone takes one of my mixes from the favourite blend thread, then I am coming in with my lawyers and I want paying :D Has someone offered you money for the mix in the "favorite blend thread?" If they have then they IMPLIED that it was yours to sell, thus you are entitled to be compensated. Wouldn't then be more insulting if they marketed it as "MATHYUS' BLEND", or used one of your recognizable catch phrases. I think the key here is whether or not they actually attempted to pay her for her likeness and image. I personally could give a frog's fat ass about the stunt, but wrong is wrong.