Spring Break
Western loses in copyright, trademark infringement case
Judge rules Italian character isn't too similar to Big Red
Michelle Day
Issue date: 12/6/07 Section: Breaking News
An Italian judge ruled against Western and in favor of an Italian television company in a $250 million lawsuit for copyright and trademark infringement.
Western, Crossland Enterprises Inc. and Adfra sued television company Mediaset in 2002, saying the company copied Big Red to create Gabibbo, the star of a satirical news show the company airs in Italy.
Crossland Enterprises Inc. is a California-based company that sells rights on behalf of Western. Crossland works with Adfra, a licensing company based in Europe.
Western, Crossland and Adfra have until Jan. 20 to file an appeal.
Western and Crossland claim Gabibbo looks too similar to Big Red, the Herald previously reported. Both are described as big red blobs.
The Italian judge ruled Big Red and Gabibbo aren't similar enough because Gabibbo can talk while Big Red can't, Western's General Counsel Deborah Wilkins said.
After the appeal is filed, Wilkins said it will probably be at least two more years before another ruling because the Italian legal system moves slowly.
Wilkins said Western has nothing to lose from the case because Crossland and Adfra are paying for the expenses of the case.
"If we win, it's found money," she said.
If the judges rules in Western's favor in the appeal, Western should receive between 4 and 7 percent of the money from the lawsuit, Wilkins said. Western won't know the exact amount until after the ruling.
Wilkins said she thinks the ruling was in error and said Western remains confident and hopeful that the appeal will be successful.
Mediaset is controlled by Silvio Berlusconi, the country's former prime minister, the Herald previously reported. Gabibbo appears on a show called "Striscia La Notizia," or "Stripping the News."
Antonio Ricci created Gabibbo in 1990. Ricci told the Italian magazine Novella 2000 in February 1991 that he based Gabibbo on Big Red, the Herald previously reported.
In the story, Ricci said Big Red became Gabibbo after he saw a photo of the mascot.
"There was this puppet, Big Red was its name, which was the mascot of a basketball team in America," Ricci told the magazine. "The team is Western Kentucky University."
Ricci later denied that the mascot was based on Big Red. He said in a February 2004 article in the New York Times that the statement was a joke. Ricci said in The New York Times story that he had never seen Big Red until the Novella 2000 reporter showed it to him.
"Big Red looks a lot like Gabibbo, just like Gabibbo looks like 100 other mascots," Ricci said in the story.
Big Red was created in 1979 by Western student Ralph Carey, who is also involved in the lawsuit.
Check the Herald for updates on this story.
Reach Michelle Day at news@wkuherald.com.
Western, Crossland Enterprises Inc. and Adfra sued television company Mediaset in 2002, saying the company copied Big Red to create Gabibbo, the star of a satirical news show the company airs in Italy.
Crossland Enterprises Inc. is a California-based company that sells rights on behalf of Western. Crossland works with Adfra, a licensing company based in Europe.
Western, Crossland and Adfra have until Jan. 20 to file an appeal.
Western and Crossland claim Gabibbo looks too similar to Big Red, the Herald previously reported. Both are described as big red blobs.
The Italian judge ruled Big Red and Gabibbo aren't similar enough because Gabibbo can talk while Big Red can't, Western's General Counsel Deborah Wilkins said.
After the appeal is filed, Wilkins said it will probably be at least two more years before another ruling because the Italian legal system moves slowly.
Wilkins said Western has nothing to lose from the case because Crossland and Adfra are paying for the expenses of the case.
"If we win, it's found money," she said.
If the judges rules in Western's favor in the appeal, Western should receive between 4 and 7 percent of the money from the lawsuit, Wilkins said. Western won't know the exact amount until after the ruling.
Wilkins said she thinks the ruling was in error and said Western remains confident and hopeful that the appeal will be successful.
Mediaset is controlled by Silvio Berlusconi, the country's former prime minister, the Herald previously reported. Gabibbo appears on a show called "Striscia La Notizia," or "Stripping the News."
Antonio Ricci created Gabibbo in 1990. Ricci told the Italian magazine Novella 2000 in February 1991 that he based Gabibbo on Big Red, the Herald previously reported.
In the story, Ricci said Big Red became Gabibbo after he saw a photo of the mascot.
"There was this puppet, Big Red was its name, which was the mascot of a basketball team in America," Ricci told the magazine. "The team is Western Kentucky University."
Ricci later denied that the mascot was based on Big Red. He said in a February 2004 article in the New York Times that the statement was a joke. Ricci said in The New York Times story that he had never seen Big Red until the Novella 2000 reporter showed it to him.
"Big Red looks a lot like Gabibbo, just like Gabibbo looks like 100 other mascots," Ricci said in the story.
Big Red was created in 1979 by Western student Ralph Carey, who is also involved in the lawsuit.
Check the Herald for updates on this story.
Reach Michelle Day at news@wkuherald.com.
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