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New York - Marvel Comics Sues Israeli Store Over Unlicensed Yarmulkes

Published on: September 14, 2012 12:59 PM
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New York - With great power, comes great responsibility.”

These epic words led Spider- Man to pursue a life of justice and fighting villains. But with great power also comes the ability to sue the pants off of small businesses that illegally use Spider- Man’s image on a crocheted kippa.

On Wednesday, Jerusalem’s landmark kippa store on the Ben-Yehuda pedestrian mall, Kippa Man, suddenly found itself caught in a web of drama worthy of Spider- Man’s twisted storylines.

Owner Avi Binyamin was informed that he is being sued by Marvel Comics for NIS 100,000 for selling unlicensed Spider-Man merchandise: Kippot with Spidey’s likeness.

On July 30, Marvel’s representatives in Israel visited the Kippa Man shop and bought a Spider-Man kippa.

“A reasonable consumer could be fooled into thinking that the infringing product is manufactured and/or sold by the plaintiff with the knowledge and/or approval of the defendant,” the court document states.

Attorney Amir Ivtsan, a partner in the Ivtsan, Netzer, Wolecki & Co. law firm that has represented Marvel in Israel for the past decade, said any business in Israel suspected of selling illegal Marvel merchandise would be sued for NIS 100,000. He added that Marvel received information about Kippa Man specifically, which is why representatives visited his store.

Binyamin’s famous store is about two meters wide and four meters long, and stuffed full with colorful kippot. He sells only kippot and does a brisk business, with a steady stream of customers.

Other kippa salesman on the pedestrian mall grudgingly acknowledge he sells the most kippot and is the best-known name internationally.

Binyamin was dismayed to learn he was the subject of a lawsuit. “They make them in China, I just bring them,” a frustrated Binyamin said on Thursday.

“There are 20 stores on this street, they all sell the same thing,” he added. He hypothesized that they targeted his store because his name was well-known.

But Binyamin isn’t the only villain on Ben-Yehuda Street. If Marvel is looking for justice, there are dozens of shops that sell touristy knick-knacks and piles of kippot that feature popular superheroes, including Spider- Man. They also feature other registered trademarks, including Starbucks, Apple, Pringles, Superman, BMW, all the major football, basketball and soccer teams, and college mascots.

On Thursday, almost every store proudly displayed a Spider-Man kippa outside, and owners were shocked when informed of Marvel’s decision to sue Binyamin.

“It’s stupid, maybe they’re bored, or maybe they hate Jews,” said B., one store owner who refused to give her name. Others wondered if the lawsuit was some kind of personal vendetta since only one shop was targeted.

Ivtsan flatly denied that the lawsuit was personally directed at Binyamin.

“This is one of many similar cases… If they find illegal merchandise, they will tell us and we will sue them. It’s not connected to Kippa Man or anyone else, it’s not anything personal,” he said.

The court documents say that the problem of unlicensed merchandise has become more widespread in Israel in recent years.

“Offenses against intellectual property have grown in dimension, and are bringing serious damage to domestic trade as well as international trade, and are requiring law enforcement agencies, including the court system, to provide effective deterrents against this crime,” the court document states.

Binyamin has removed all of his Spider-Man kippot pending the outcome of the lawsuit, though other stores have not.

But the message is clear: kippa-crocheters, beware. Marvel’s superheroes are watching you.

Content provided as courtesy by The Jerusalem Post


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Read Comments (18)  —  Post Yours »

1

 Sep 14, 2012 at 01:14 PM Yipyap Says:

Why is this shtuss even in EY?

2

 Sep 14, 2012 at 01:35 PM Reb Yid Says:

Reply to #1  
Yipyap Says:

Why is this shtuss even in EY?

Unfortunately there's a lot of shtus there, like here. Spider Man is the least of it. Think of the sports team yarmulkes...encouraging kids to look up to men of ill repute, for example.

3

 Sep 14, 2012 at 01:45 PM Nobody Says:

Nike had the right reaction to their logo on Yalmukes: "We are honored that our logo would be included on religious articles." Then again, Nike knows more about branding, and they were risking more, because they are a trademark (which you can lose for not defending). Marvel is protecting a copyright (which you cannot lose until it expires).

4

 Sep 14, 2012 at 01:53 PM SherryTheNoahide Says:

uh-oh! Kippas w\Spiderman on them?! Unlicensed?! Oops! :-\

Honestly, I've seen all sorts of kippas w\different designs & whatnot on them. I guess I always thought it was ok for the kids...but maybe it sends the wrong message, now that I think about it!

And I realize the article is about using a Marvel superhero character w\out permission...but I just wonder if maybe the issue isn't bigger than just unlicensed merchandise, but whether the designs & cute cartoon characters, etc., should even BE on the kippas in the 1st place??

Can anyone on here help me to understand: is it a problem in certain sects of Judaism to wear kippas w\characters and\or designs on them (ie: perhaps stricter sects don't allow it), or does it really just depend on the parents??

My husband & son (as gentiles) don't wear a kippa on a regular basis, because we don't want to misrepresent ourselves as a Jewish family, when we are not. But the they DO wear them when we visit Shul. And I personally can't see letting our boy wear one w\designs all over it or something. But I've seen them sold that way!

Is it fine to do it if who's wearing it is just a little kid...or really, should the whole practice just not be done, seeing as how it could be perceived as being disrespectful??

Thanks! :-)

5

 Sep 14, 2012 at 01:58 PM Secular Says:

Spider-man creators stan lee and avi arad are both jewish, though i don't know if they wear yarmulkes ...

6

 Sep 14, 2012 at 02:29 PM anonymous23 Says:

Reply to #1  
Yipyap Says:

Why is this shtuss even in EY?

There are bigger shtus, they are called child molesters.

7

 Sep 14, 2012 at 02:57 PM Oldtimer Says:

I have no problem with my son reading Spiderman, but having him or sports logos etc. on a yarmulke (or on a pair of tzitzis - I've seen that too) always struck me as offensive. There should be some separation between kodesh and chol.

8

 Sep 14, 2012 at 03:37 PM Shaul in Monsey Says:

“They make them in China, I just bring them,”
What is the difference where they are made? He is a goniff.

“There are 20 stores on this street, they all sell the same thing,”
He's a goniff with friends who are also goniffs.

“It’s stupid, maybe they’re bored, or maybe they hate Jews,”
Why is it stupid to defend a property? If a food company put an O-U on a label, the O-U would sue in 5 seconds. WHat makes this antisemitic? Nothing. Typical yiddishe victim garbage crying antisemitism when there is none.

If the guy admits to selling infringing products, he should settle, because by law he owes royalties on past sales, and has no defense.

9

 Sep 14, 2012 at 04:24 PM Yossel Says:

Reply to #5  
Secular Says:

Spider-man creators stan lee and avi arad are both jewish, though i don't know if they wear yarmulkes ...

Marvel is currently owned by Disney.

10

 Sep 14, 2012 at 04:24 PM Anon Ibid Opcit Says:

Marvel is pretty much obliged to defend its trademark

11

 Sep 14, 2012 at 04:33 PM Anonymous Says:

Reply to #6  
anonymous23 Says:

There are bigger shtus, they are called child molesters.

Well said. Smashing iPhones included.

12

 Sep 14, 2012 at 06:48 PM Sociologist Says:

Reply to #1  
Yipyap Says:

Why is this shtuss even in EY?

Funny, I guess g'neivat da'at is shtuss. If you steal arba menim can you make a b'racha on them?

13

 Sep 14, 2012 at 08:22 PM esther Says:

Reply to #8  
Shaul in Monsey Says:

“They make them in China, I just bring them,”
What is the difference where they are made? He is a goniff.

“There are 20 stores on this street, they all sell the same thing,”
He's a goniff with friends who are also goniffs.

“It’s stupid, maybe they’re bored, or maybe they hate Jews,”
Why is it stupid to defend a property? If a food company put an O-U on a label, the O-U would sue in 5 seconds. WHat makes this antisemitic? Nothing. Typical yiddishe victim garbage crying antisemitism when there is none.

If the guy admits to selling infringing products, he should settle, because by law he owes royalties on past sales, and has no defense.

don't pounce on another jew with that kind of accusation erev rosh hashana.

14

 Sep 15, 2012 at 04:26 PM ShmutzVesh Says:

I don't see why they are wrong in the slightest??? They did something wrong.....fess up and pay....simple as pie.

15

 Sep 15, 2012 at 09:16 PM DovidTheK Says:

Mitzvah habuh al yedei averah. This goes for any use of a licensed logo without permission, like a sports team, a cartoon character. I have personally questioned seforim store owners and vendors including this vendor on Ben Yehuda and nobody cares. It's about time somebody is doing something about it.

16

 Sep 15, 2012 at 09:23 PM a Says:

Reply to #8  
Shaul in Monsey Says:

“They make them in China, I just bring them,”
What is the difference where they are made? He is a goniff.

“There are 20 stores on this street, they all sell the same thing,”
He's a goniff with friends who are also goniffs.

“It’s stupid, maybe they’re bored, or maybe they hate Jews,”
Why is it stupid to defend a property? If a food company put an O-U on a label, the O-U would sue in 5 seconds. WHat makes this antisemitic? Nothing. Typical yiddishe victim garbage crying antisemitism when there is none.

If the guy admits to selling infringing products, he should settle, because by law he owes royalties on past sales, and has no defense.

Thank you for your psak, but where do you get that from? Do you just make up halachos that fit your emotions?

17

 Sep 19, 2012 at 01:20 PM BaruchGershom Says:

I'm surprised that this hasn't happened earlier. All over the US, the owners of popular trademarks and copyrights have been going after street dealers and small stores to rid the streets of unlicensed merchandise. Sports teams, too, have been clamping down. Some of this has been encouraged by local lawyers who have offered to undertake legal action for the big companies in exchange for a percentage of the seized goods. I was surprised that no Israeli-based trademark attorneys had thought of this until now.

18

 Sep 19, 2012 at 01:24 PM Anonymous Says:

Reply to #15  
DovidTheK Says:

Mitzvah habuh al yedei averah. This goes for any use of a licensed logo without permission, like a sports team, a cartoon character. I have personally questioned seforim store owners and vendors including this vendor on Ben Yehuda and nobody cares. It's about time somebody is doing something about it.

Dovid, you might recall some 20 years ago or more, a book store owner on the Lower East Side made a knock-off of the original NCSY bencher, which featured transliterations of the Hebrew text. In some ways it was even better (NCSY had left off benching instructions for Rosh Hashanah). NCSY came up with a new design, but the entire Jewish publishing industry took notice of copyright and trademark infringements and became aggressive to defend their creations.

19

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