Separate names with a comma.
Discussion in 'Bad Dog Cafe' started by blowtorch, Oct 15, 2014.
Except that the Duluth Trading Company is violating Henley's right of publicity and/or privacy.
You know, the Eagles jumped the shark after the Desperado album...
I always thought Henley named himself AFTER the shirt...that HE made the first Don a Henley joke.
At least that is what I read on the internet.
Okay, sure. It's hard for me to get worked up about millionaires duking it out, that's my only point. I don't know why I even posted here.
who's Don Henley?
ask blowtorch, he is his biggest fan.
he searches Don Henley News every day
Selling out concert halls and still makin' millions playing music, not bad for a has been bloat.
Nothing quite so comical as a never-was pointing out a has-been.
If only Bob Dylan had these problems.
Why can't a place called Duluth be in Minnesota for cryin' out loud. They didn't even get that right.
Clearly a myth. They claim their underwear is stink proof.
A Henley shirt is a collarless men's pullover shirt, characterized by a 10-centimetre-long (3.9 in) placket beneath the round neckline, usually having 2–5 buttons. It essentially resembles a collarless polo shirt. The sleeves may be either short or long, and it can be made in almost any fabric, although cotton, cotton-polyester blends, and thermals are by far the most popular. Henley shirts are generally regarded as menswear, but women's versions have appeared as well.
They were so named because this particular style of shirt was the traditional uniform of rowers in the English town of Henley-on-Thames. Some crews still use this style as part of their uniform.
So, Don has no claim to the idea of "Don a Henley". The other part with the song title he might have a claim to, as using them together is clearly more than a pun.
Not a lawyer here, but I do deal with copyright/trademark/intellectual property issues in my job quite a bit...
I would presume someone like DTC would run this by their copyright attorney before putting it out-Henley is known for going after anyone for anything, and if I was DTC's attorney, I'd be telling them they are on some mighty thin ice... of course, DTC has deep enough pockets to fight it if they so choose, whether they will win is another matter... and even more so, would it be worth it? I'm guessing DTC decided to roll the dice, thinking they would only get a cease-and-desist...
Henley is a pompous posterior, no doubt, but as pointed out earlier, he HAS to defend himself and any trademark he might control, otherwise it goes poof! I've run into this type of thing constantly over the years (people defending trademarks) most of the time, just the threat of a lawsuit usually gets compliance...
He is listed on the song as co-writer. JB said Henley came up with the "girl in a flatbed Ford" line.
If you let one company infringe on your patent, trademark, or lyric...
Then last week Jackson Brown played "Take It Easy", after the show was over for Dave, since Paul isn't allowed to play the song on air.
Poor Duluth Trading.
I wasn't buying before; I still ain't buying.
But I'm not buying anything from that Henley feller neither.
Two wrongs cannot make a right, I guess!
What trademark, or patent, or I think you were going for copyright was infringed?
Don is a commonly understood term meaning "to put on". Henley is a shirt, apparently named so decades if not a hundred years ago and is in common useage. Are you going to deny this company the right to use two common terms because somebody's name happens to be a combination of those words? "Take it Easy" is a very common admonition/greeting, etc. in use long before the Eagles wrote a song and decided to use this common phrase for it. DTC came up with a clever play on words. If the same thing happened in Mad Magazine, and even included an unflattering cartoon likeness of bloated Henley, it would not be actionable as satiric material.
In no way does DTC imply endorsement by, or any kind of association with Henley or the Eagles. They do not use images of him or anything else that is reminiscent of the Eagles, nor is there any reference to any musical works, even one named Take It Easy.
Lastly, what damages were "suffered" by Henley and/or the Eagles?
I'd like to be the foreman on the jury for that one, so we could all go home for an early brunch.
Actually, this smiley is intended for sarcasm. --> It's subtle, but usually works.
I'd totally tip one back with Don Felder. And don't forget the screwing-over he got by the Henley and Frey. Hotel California was Felder's baby.
No, I have no love lost for Henley either.
Hey felder has a new album out.. have you heard it? me neither.
the one song the eagles do that has controversy about being ripped off is the one Felder claims!