Compiled by Timothy Mcquay. Contributing: Carrie
Muskat, Paul White, Seth Livingstone, Quincy(Mass. ) Patriot-Ledger.
here for a picture
gets laughs when The Famous San Diego Chicken ridicules and assaults
a Barney-like character during baseball games around the country-
but Barney isn't laughing. The owners of the purple dinosaur are
Lyons Partnership of Texas said
The Chicken mascot, Ted Giannoulas, was first notified in 1994
that using the Barney-like costume
in his act constituted infringement of Lyons' trademarks and copyrights.
Lyons Partnership of Texas said The Chicken
mascot, Ted Giannoulas, was first notified in 1994 that using
the Barney-like costume in his act constituted infringement of
Lyons' trademarks and copyrights.
"Specifically, Giannoulas would
punch, flip, stand on and otherwise assault the putative 'Barney,'
" the lawsuit alleges. "Despite such notice, Lyons received subsequent
reports of 'Barney' appearing with The Famous Chicken at
games of the Detroit Pistons,
Chicago Cubs, Seattle Mariners and others. "
The company wants
a permanent injunction against use of the dinosaur costume and
a minimum of $100,000 for each time Giannoulas has performed a
skit with the dinosaur in it.
Kenneth Fitzgerald, an attorney
for The Chicken, said the act is a parody protected under the
© copyright Act, trademark laws and the First Amendment. "The character
I use is not the real Barney," said Giannoulas, "and to prove
it I'll have him take a DNA test. "