MILAN, Feb. 26 - What do Western Kentucky University and one
of Italy's most popular television programs have in common? Hint: it
is big, furry and red, and it dances.
Western Kentucky's mascot, known as Big Red, is about to land the
university and Mediaset, the television company controlled by the
prime minister of Italy, Silvio Berlusconi, in court.
The university, in Bowling Green, says the mascot for Mediaset's
satirical show "Striscia la Notizia" is a carbon copy of
Big Red, and it is suing the company for $250 million for trademark
and copyright infringement. The two sides have a preliminary hearing
on Wednesday in a small town near the northern Italian city of
Ravenna.
Western Kentucky's lawyers contend that since Mediaset introduced
its mascot, Gabibbo, in 1990, the company has been illegally
exploiting the image of Big Red, which was created in 1979.
Mediaset has filed a countersuit against Adfra, a company based
in Ravenna that has a license to distribute the character's image in
Italy, saying it is illegally profiting from Gabibbo's fame. Adfra
is selling reflective jackets - which Italy will soon require
drivers to carry in their cars in case, say, they need to change a
tire - with Big Red on the back.
Gabibbo has a striking resemblance to Big Red and physically
distinguishes himself only in that he is better dressed than his
American counterpart. Gabibbo has been a famous Italian TV character
for more than a decade, and a CD of his songs topped the charts in
Italy for a time in 1990. "Striscia la Notizia," which
loosely translates as "stripping the news," is broadcast
daily just after the evening news on Mediaset's flagship channel,
Canale 5.
Western Kentucky's best evidence in the battle might be an
interview a Mediaset manager gave to the Italian magazine Novella
2000 in February 1991.
In the interview, Antonio Ricci, who created "Striscia la
Notizia" for Mediaset and is still the program's director,
responded to a question explaining how he came up with the idea for
Gabibbo: "It all began with a photo, just as happens with real
adoptions. There was this mascot, his name was Big Red, who was the
mascot of a basketball team in America. The team is Western Kentucky
University."
When asked if he had imported Big Red to Italy, Mr. Ricci
responded, "Yes, Big Red became Gabibbo."
In a telephone interview on Thursday, Mr. Ricci said that he was
joking during that interview and that he had never seen a photo of
Big Red until the Novella 2000 journalist showed one to him.
"Big Red looks like Gabibbo just like Gabibbo looks like 100
other mascots," Mr. Ricci said. "Some people say that Big
Red looks like Sesame Street's Cookie Monster. The bottom line is
that there are dozens of mascots that look alike."
Steven Crossland, president of Crossland Enterprises, a trademark
licensing company that holds the rights to Big Red as well as
mascots at Duke University, Georgetown, Michigan and North Carolina,
said, "There are trademark and copyright issues all the time,
but I've never seen one before where somebody takes a mascot and
turns him into a television superstar."
(da: www.nytimes.com/2004/02/27/business/worldbusiness/27mediaset.html
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