Shawn Michaels sends Sean Michaels a cease and desist
Courtesy of MikeSouth.com
The wrestler Shawn Michaels has sent a cease and desist to Sean Michaels
demanding that he not use that name. The wrestler (real name Michael Sean
Hickenbottom) is claiming to own the trademark and wants Sean Michaels to
relinquish the name and the website www.seanmichaels.com.
Look for this to grow into a media event, it has all the trappings of good
tabloid TV. A Black guy and a white guy, a wrestler and a porn star,
ratings gold.
Word is that Sean (The pornstar) is going to counter sue and ask that Shawn
(the wrestler) use another name.
I'm no legal authority but my basic copyright law knowledge tells me that
whoever had the first commercial use owns the trademark, registered or not..
I believe that they both actually started using the name around the same
time....the mid 1980s but my gut tells me that Sean the pornstar beat Shawn
the wrestler to the punch by a few years.
If my college classes from years ago on patent and trademark law were
correct there is also a stipulation that if you do not attempt to protect
your trademark it can fall into public domain, so waiting 15 years or more
to try and strip Sean of his name prolly won't sit well in the judges eyes.
My prediction both guys will still use the name and Sean will keep his website.
Sadly it is gonna cost Sean to defend this attack. If there is justice
Shawn should have to pay all attorneys fees and court costs if he
looses...Indeed I expect he is trying to bully Sean into giving up the name
by out spending him.
I have Blacks and Blondes #20 from Western Visuals released in 1985 as
Seans earliest use of that name.
http://www.lukeford.com/
One of my faves is Ben Dovers scene with Sean and Sabrina Johnson,a
dynamite bird.
