Rob Zombie Claims He Owns the Word "Zombie"

Zombie and lawyer silhouetteWe see the word zombie everywhere: movie titles, song titles, books, t-shirts, stickers...you name it. It's as common a word as tinfoil or chocolate.

If I tried to copyright or trademark the word 'chocolate', lawyers would laugh at me. I can claim ownership of something like Chickie's Chocolate or Chocolaticious (if they aren't taken), but not just the word chocolate on its own (or banning any derivative use of the word in the future).

Got it? Good. Now that you understand the very basics of the law (and have a hankering for chocolate), we can move on.

Rob Zombie has threatened to sue someone for using the word 'zombie', claiming ownership of it.

Not the phrase Rob Zombie but the word zombie.

Eric Weiss posts zombie humour on twitter as ZombieRiot. That's how I know of him.

He is also part of ZOMBIE!, a solo multimedia project with a focus on horror rock, artwork, and clothing.

Weiss expands on the project:

(ZOMBIE!) started out as just hobby around Halloween (2008). I set up a myspace to just share some of my own Misfits photography and a few horror rock songs I had written. Mostly for other Misfits fans. It was a fun and positive way to vent. But, it really took off. I was getting over 1K of friend reqs per week. The jokes, videos, and artwork were always part of it too. Just sharing cool twisted stuff. Artists started submitting work to me. Kids were making fan videos using my songs. Other bands started covering the songs. I'm still really blown away. Fans started to take the music more serious, so I wrote a bunch more. I figured I would put out a CD and get an actual band together, hence my trademark application to protect my logo.

ZOMBIE! logoAnd that is when Rob Zombie - or at least his over zealous lawyers - took notice. They want Weiss to cease and desist; stop using the name for the band, for the art, and especially for the t-shirts available online.

What's their argument? Consumers will think ZOMBIE! is led by Rob Zombie. The letter states that Weiss' logo ruins "the enormous goodwill" that is uniquely associated with Rob Zombie.

Goodwill, eh? Hm. If this lawsuit persists, I don't think they'll have to worry about the goodwill associated with the mark "Rob Zombie".

Sorry, but when I hear the word Zombie, I don't immediately think of Rob Zombie. If anyone, I think of George Romero.

Did White Snake and White Zombie have a huge case I missed over their use of the word "White"? And is there a pending suit against the White Stripes?

Let's get a better example. What about the band The Zombies (formed in 1961)? Have they done battle with Rob over his last name?

I could understand if Weiss called the project Bob Zombie or Robertson Zombie, but not the single word zombie with an exclamation point.

And wait, Rob Zombie was born Robert Bartleh Cummings. Just because you legally change your last name to a common word, it doesn't automatically give you full ownership over that word. I can't change my last name to "Canadian" and then demand anyone who uses it will be sued.

What does the letter say specifically? I'll post the whole thing for you at the end of the article so you can see for yourself. But here's the demand:

You confirm to us in writing that you will permanently cease using the mark ZOMBIE! or any other name or mark that includes ZOMBIE.

And that's the interesting part. They don't want him to use the word ZOMBIE at all.

Will Weiss, if he's able to keep the logo trademark, go after others who use the word zombie?

For the record, I would just like to state that I filed a trademark to protect my logo and my right to use ZOMBIE! to avoid this kind of BS. It was filed out of defense, not offense. In my trademark, I claim no right to the word "zombie" at all. I'm not the first and I won't be the last to use "zombie" in a music project. I'm fine with that. All I want is the right for my logo & band name to coexist. There has never been a music project simply known as ZOMBIE! and I feel that I should be able to use it. I've played 1 show, sold a few shirts, and I give my music away for free. I firmly believe there is no confusion with Rob Zombie or White Zombie in regard to my project and there never will be.

Personally, I'm not a big Rob Zombie fan. I think it's ballsy for a director who is only pumping out remakes to have an issue with copyright or originality.

I think his team of lawyers are going to try and squash Weiss financially. And who is next?

But more importantly, I'm aghast that Rob Zombie thinks he controls the word Zombie. Zombies - in all mediums - were around long before he came on the scene, and will be part of the entertainment industry long after he's gone.

Page 1 of the letter

Page 2 of the letter

Spread the word. Talk about this story. Blog about it. Post it on forums. Don't let Rob Zombie think he can bully other artists out of using the word Zombie which, frankly, is apparently too cool a word for him to use, never mind own.

UPDATE:

Overzealous lawyers it is.

Apparently Rob Zombie has contacted Weiss directly by phone this afternoon. He said he was unaware of the actions his lawyers had taken, and told Weiss "we are all good"; there will be no further action.

So Rob Zombie is not a complete douchebag (or the Internet is a powerful tool), but he needs to teach his lawyers to cease and desist in their random acts of douchery.

And for goodness sake, can you lay off the remakes?

ZOMBIE!

just. wow. has he completely lost it or what?! i think it's his wife, if ya wanna know the truth. she has him completely whipped - otherwise, why would he be endorsing her HORRIBLE clothing line? TOTALLY SUCKS rather than TOTAL SKULL, if you ask me.

he's off his rocker. i think this will eventually be thrown out, but not before they drag your poor friend through the dirt.

i'm gonna go visit him now and show my support!

Submitted by Diane (not verified) on June 18, 2009 - 8:29am.
A major #zombiefail

I wonder if Rob Zombie himself even knows about this, or is it just the corporate lawyers that do intensive searches on the word zombie and see who they can pick on?
As a White Zombie and Rob Zombie fan, I see NO confusion between them and ZOMBIE!, nor have I ever thought there was a connection. I think any members of The Zombies should come down on Rob for trademark infringement. Retroactively. Then with the money they make, help our friend out a little.

Well, just in case this continues, I'd better order a few t-shirts!

GF, thanks for elaborating on this in a concise and thorough manner!

Submitted by Peanutgnome (not verified) on June 18, 2009 - 8:50am.
Thanks G!

Glad you blogged about this, time to spread the word!

Submitted by aSmarterU (not verified) on June 18, 2009 - 9:03am.
What a...

TOOL Rob Zombie is! First he RUINS Halloween, now he's going to ruin zombies for us?!
What a freakin' egomaniacal tool!

Submitted by ShellHawk (not verified) on June 18, 2009 - 9:07am.
I'm sure that the lawyers

I'm sure that the lawyers know they can't actually win in court; they're trying to intimidate your friend into doing what they want. Unfortunately, that sometimes works. There's a company called Monster Cable who routinely sues any company using "Monster" in their name. Small companies can't afford the time and legal fees to fight the lawsuit, even if they're sure of winning. It sounds like Zombie's lawyers are doing something similar.

Tell your friend to go to the newspapers. If they start getting bad press on how ludicrous their claim is, the lawyers might find something better to do with their time.

Submitted by Cobwebs (not verified) on June 18, 2009 - 9:35am.
So sad.

I rather enjoy Rob Zombie's music but his attitude or his lawyer's attitudes have got to change. That's just crazy!

PS: I'm off to find some chocolate. :)

Submitted by Dracenea (not verified) on June 18, 2009 - 10:51am.
Unbelievable...

Wow, I'm always surprised when I hear or read stories like that... How someone can believe he can own a word commonly used like this one? Maybe I should file a lawsuit to anyone who use the word "pumpkin"... That's freaking crazy!

Submitted by PumpkinBrain (not verified) on June 18, 2009 - 12:10pm.
Now I'm worried about the

Now I'm worried about the Planter's peanut folks coming after me for my nickname...

Submitted by Peanutgnome (not verified) on June 18, 2009 - 12:21pm.
(Put this on the wrong post

(Put this on the wrong post earlier) - The thing that gets me is, I can trademark Ghoul Friday. It protects me from other people using that combination of words. It does NOT protect me from other people calling themselves "Ghoul" or "Friday".

Rob Zombie trademarked "Rob Zombie". Same applies.

Submitted by Ghoul Friday on June 18, 2009 - 12:19pm.
Sue happy

I am thinking since you have Friday in your name, maybe we can sue for that too. How much do you think we can get? LOL

Submitted by Mark (not verified) on June 18, 2009 - 1:19pm.
Wacky

Wouldn't he make more money if he went after anyone using ROB?
Gotta figure there are a few more of them.

Signed, ZOMBIE ZOMBIE ZOMBIE ZOMBIE ZOMBIE BOB

Come at me, Robby!

(Not really though, please leave me alone)

Submitted by Zombie Bob (not verified) on June 18, 2009 - 2:27pm.
screw rob zombie for this-

screw rob zombie for this- the guy is a corperate fuled whore who is powered by money and greed and has lost my respect. Keep it up mr i do remakes i am the king of all that is retro horror. what a fricking loser. screw you rob 'ball sacks' zombie.

Submitted by A Nameless Minion (not verified) on June 18, 2009 - 3:07pm.
Tried to trademark Zombie?

Reading past the spin, it sounds like your friend tried to trademark Zombie and got sued by Rob Zombie over it.

Pretty sure that's a required response. If Zombie was actually trademarked, that would screw anyone using Zombie. This goes under "blame the game not the player" as far as I can see.

(Though the demand to stop using Zombie at all sounds like typical overzealous lawyers.)

Submitted by Steven Fisher (not verified) on June 18, 2009 - 3:16pm.
Steven - With my limited

Steven - With my limited knowledge of trademark law (especially outside of Canada), it would be the combination of "Zombie" & "!" as one expression that Weiss has trademarked. Not the word zombie.

In all honesty, I don't know where that line is when defining a phrase/word pairing (can a ! be enough for a word pairing)?

Weiss would be in the same boat as Rob Zombie if he were trying to go after someone for using the word zombie.

My outrage is currently focused on the fact someone is suing someone else to try to stop others from using the base word zombie - a word no one has claim to.

Is Weiss skimming the edge with his choice of "ZOMBIE!"? Yeah. I agree perhaps it wasn't the most distinguishable choice of pairings. If Weiss starts behaving in the same way, I'll be sure to publicly denounce his stupidity.

Submitted by Ghoul Friday on June 18, 2009 - 3:33pm.
I also wonder if Weiss has a

I also wonder if Weiss has a better case with it as a logo using the word ZOMBIE! as opposed to a project or band name.

Submitted by Ghoul Friday on June 18, 2009 - 3:45pm.
Rob Zombie lip-syncs. That

Rob Zombie lip-syncs. That is all.

Submitted by A Nameless Minion (not verified) on June 18, 2009 - 4:04pm.
Rob Idiot Zombie

I am so annoyed that someone (namely Rob Zombie) would pick at something so stupid. Why try and crush a guy for using a term everybody uses? What an ass. I think he's forgotten what it was like when he was starting out.

Submitted by Lisa P. (not verified) on June 18, 2009 - 4:24pm.
UPDATE: Apparently Rob

UPDATE: Apparently Rob Zombie has contacted Weiss directly this afternoon. He was unaware of the actions his lawyers had taken, and said "we are all good"; there will be no further action.

So Rob Zombie is not a complete douchebag (or the Internet is a powerful tool), but he needs to teach his lawyers to cease and desist in their random acts of douchery.

Submitted by Ghoul Friday on June 18, 2009 - 4:39pm.
About damn time!

Yeah for Weiss!!!! Yeah for Weiss!!!! Yeah for Weiss!!!! At least he (Rob Zombie) has some common sense, now it's time to smack those stupid lawyers! Just make sure you don't eat their brains, might make you 'sick' too!

Submitted by aSmarterU (not verified) on June 18, 2009 - 5:06pm.
Update...

Glad to hear that it was Rob Zombie's lawyers and not him. See I can still like him AND I got my chocolate today!

Submitted by Dracenea (not verified) on June 18, 2009 - 7:17pm.
Reminds me when The Ultimate

Reminds me when The Ultimate Warrior legally changed his name to THe Ultimate Warrior after the WWF already had claims to the name and he thought he all of a sudden had the right to use it. Besides, isn't Zombie a term from Voodoo religion? Wouldn't that be like Jesus Jones trying to sue a Church?

Submitted by A Nameless Minion (not verified) on June 18, 2009 - 10:40pm.
The thing is, when I hear

The thing is, when I hear stories of people who have met Rob Zombie, I always hear good things. I think the fact that he personally called Weiss within 24 hours of all this going public is commendable.

I may not be a fan of his work, but I do respect how he handled this situation.

Submitted by Ghoul Friday on June 19, 2009 - 7:30am.
And here I thought we were

And here I thought we were having an intimate conversation. About 2,500 people came to read this post yesterday. While only a handful of us were chatting here, there were posts linked to this with hundreds of comments.

Sometimes the Internet can be a really cool thing.

Submitted by Ghoul Friday on June 19, 2009 - 10:29am.
You've got me wondering...

You don't like his music? What kind of music do you listen to? Curious minds want to know!

It's pretty amazing that around 2,500 people read this post. That always interests me too. The fact that that amount of people read this post but then 95% of them don't comment. Just interesting to me.

Submitted by Dracenea (not verified) on June 19, 2009 - 10:39am.
Dracenea: you might catch me

Dracenea: you might catch me tapping my foot to the chorus of "Dragula", but thaaaaat's about it for RZ.

If I'm craving something heavier and fast, I'll put on some Dead Kennedys. Besides that, it's a mish mash of genres. Mainly indie bands.

Unless you use something like Google Analytics, you never really know how many people are coming to your site. For the longest time before you and the other regulars started posting, it always seemed I was chatting with myself. Then I realized (with some web stats) this was not the case. Lots of people reading, just not chatting.

Submitted by Ghoul Friday on June 19, 2009 - 11:01am.
Chocolate Zombies?

Someone say something about chocolate zombies?
...
No?

Dang.

Submitted by Johnny (not verified) on June 22, 2009 - 10:03pm.
That's a relief

I know 2 guys that worked for Rob Zombie and someone that met him at a BBQ and everyone raved about how totally down to earth he was. Totally professional on the job, and totally casual off. I was totally dismayed when it looked like he'd descended to the corporate greed-slurping shallow scum level. But that's what lawyers do. Ya might say that's how they roll.

I may not like his music as much since he went techno, but I still dig his creativity and respect him as an artist and as an industry professional. Good to know I can still respect him as a real guy.

P.S. Big Props to you GF for your use of the phrase "random acts of douchery," in addition to being a Dead Kennedys fan. Girl, you are a gem. :)

Submitted by Rev (not verified) on June 22, 2009 - 11:43pm.
That Cease and Desist Letter

So, I read the letter, since I work for an attorney that does stuff with the US Patent and Trademark Office, and the phrase that got to me was "Our client recently learned . . ." If Mr. Rob Zombie didn't know about them doing this, they really shouldn't represent that he was the one to find out about this. Did that make sense? Basically, as far as I can tell, they lied. Me no likey schmucks like that.

Submitted by Cranky Amy (not verified) on July 9, 2009 - 10:34pm.

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