A federal judge has ruled that a Houston, Texas-based company cannot open a restaurant called The Krusty Krab in Kemah because of trademark infringement, the Houston Press is reporting.
IJR Capital should be happy it was spared the wrath of Mr. Krabs, who once threatened the Chum Bucket for trying to steal his Krabby Patty recipe. From the lawsuit.
Viacom International sued IJR Capital Investments after discovering its plans to open its own Krusty Krab in November 2015. The TV giant, which owns Nickelodeon, accused the entrepreneurs of trying to piggyback off the Krusty Krab's well-established fame and reputation in order to make money, claims that IJR Capital adamantly denied.
In an opinion last week, U.S. District Judge Gray H. Miller issued the blow to IJR, laying out in great detail how the fictional Krusty Krab — home to Mr. Krabs's famous Krabby Patty and where SpongeBob and his perpetually unenthused friend Squidward are employed — rose to distinguished prominence amongst fans of the beloved animated series.
The Krusty Krab has appeared on 249 episodes of SpongeBob SquarePants, appeared in SpongeBob videogames, on baseball hats and shirts, in books called Jokes from the Krusty Krab and Trouble at the Krusty Krab!, and has been manufactured as Lego sets, cake decorations, aquarium adornments and even costumes, according to Viacom. As a result, Miller concluded there's a good chance that restaurant-goers would confuse IJR's Krusty Krab seafood restaurant with the one located in SpongeBob's hometown, Bikini Bottom.
Javier Ramos, owner of IJR Capital Investments, told the Houston Press that he found Miller's ruling unfair, and that he planned to appeal it and fight Viacom to the end. Ramos said he had never heard of SpongeBob before conceiving of the seafood restaurant, and once he looked it up on the Internet, still didn't think Mr. SquarePants was a big enough deal for him to choose a different name.
“I don't think SpongeBob is that famous,” he said. “I think it's more of a niche fame. There's too many legal questions about whether it would be confusing or not, but I didn't think it would. I don't think anybody would drive by the Gulf Freeway and think, 'Hey, there's SpongeBob's restaurant.'”
Since its launch July 17, 1999, SpongeBob SquarePants has reigned as the number-one animated series on TV for the last 18 years, while generating a universe of beloved characters, pop culture catchphrases and memes, theatrical releases, consumer products, a Tony Award®-winning Broadway musical and a global fan base. SpongeBob SquarePants is the most widely distributed property in ViacomCBS Networks International history, seen in more than 170 countries and territories, translated in 30+ languages, and averaging more than 100 million total viewers every month.
IJR tried to argue that, since Viacom never specifically registered the Krusty Krab for a trademark, it was fair game for usage. Yet Judge Miller, citing case law, disagreed, saying that ownership of a mark is established by use and popularity in the marketplace, not registration.
He brought in SpongeBob to help explain this law in a useful footnote: “As SpongeBob Squarepants says, 'You don't need a license to drive a sandwich.'”
Ramos said he had tried to settle with Viacom and suggested new names for the restaurant such as “Crusty Crab” or “Krusted Krab,” but said Viacom continued to “bully” his company and would not agree to those names. (According to Miller's ruling, IJR's lawyers argued that calling the restaurant the Krusty Krab with K's was important because K's are more “aesthetically pleasing” than C's. In a footnote, the court defended the letter C as also aesthetically pleasing.)
Judge Miller did not grant Viacom's claims of dilution, in which Viacom argues that IJR's use of the Krusty Krab has already tarnished its reputation.
“The court imagines an appropriate reaction from SpongeBob SquarePants would be, 'Aw, tartar sauce,'” Miller wrote.
CALLING ALL GOOFY GOOBERS! (ROCK!) Are ya ready for a deep dive into the world of SpongeBob SquarePants? The SpongeBob YouTube channel is THE PLACE for all fan-favorite SpongeBob moments! We’re serving up everything from legendary scenes to remixes of classic songs to deep dives into Bikini Bottom lore. Be sure to check back every week for Music Mondays, Wumbo Wednesdays, and Flashback Fridays! Subscribe now at https://www.youtube.com/SpongeBobOfficial!
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Mayim Bialik may be running for the new host of Jeopardy! but the star of the Fox sitcom Call Me Kat also has a podcast called Bialik’s Breakdown.
In today’s episode (Nov. 2), Bialik interviewed two-time Emmy Award–nominated actor, producer, comedian, pastor and author Kel Mitchell. Mitchell, now 43, got his start on Nickelodeon in the '90s, starring in shows such as All That and Kenan & Kel as well as the cult favorite movie, Good Burger.
Describing himself as “the kid who did cartwheels on the way to the garbage can” in school, he revealed that he turned to acting for focus because he had “too much energy” in the classroom and would often interrupt class to perform impersonations of his teachers.
He started out on All That when he first started working with Kenan Thompson. They formed a fast friendship behind the scenes which eventually led to the development of their own show.
Bialik dubbed the show “significant and important in terms of visibility” because there weren’t many shows that focused on Black families at that time.
Mitchell admitted that his parents were more cognizant of that than he was, but he admitted that he was “very much aware” of his status as a role model. He admitted that kids are still coming up to him even today saying how much the show inspired them to be able to see “two African-American boys…having fun on TV.”
Bialik, who was also a child star after appearing in Blossom, spoke with Mitchell about how he handled the fame being so young.
Mitchell admitted to struggling to figure out if people liked him for his character or if people liked him for who he was as a person. “There were times when I didn’t know who I could trust,” he confessed, ” “…and that gave me a lot of anxiety.”
Although he says he was “grateful” to leave Chicago for LA, he admitted that there was “a lot of anxiety” to find a good sense of self.
Bialik Dubs Kel ‘A Very Sensitive Person’
Mitchell latched onto “his faith in God” in order to help him through the “ups and downs in life.” The grandson of a pastor, Mitchell found that religion has helped him throughout his life, but at one pivotal moment in particular.
He explained that, in 2006, he had friends that had been murdered in Chicago when he was in LA, his uncle had been murdered, his marriage was falling apart, and he got to a point where he wanted to “push the off button.”
While was filming a movie in Vancouver, he didn’t want to let people know he was struggling, and he “literally had a breakdown.”
While he was smoking on a balcony, he had an urge to jump. Before he did, he said he heard a voice telling him to go into the bathroom for the rest of the night. When he woke up on the bathroom floor the next morning, he decided to turn his life around.
Although he hadn’t been doing hard drugs, he had been drinking and smoking marijuana. He told Bialik that he didn’t get clean right then, but he started “the steps” to make that happen.
“There’s no mistakes in life, just lessons,” he said.
Fan Reactions
Fans were overwhelmed by the honesty in Bialik and Mitchell’s exchange.
‘Celebrities are people too.’ That is the exact reason I am obsessed & thankful for this Podcast,” one fan wrote. “It’s because of this I realized I was suffering from severe anxiety & depression & now I understand that I’m more ‘normal’ than I thought. Thank you to all that are involved in making this Podcast happen.”
“I absolutely loved the episode,” another fan commented. “I can’t put into words how this touched me, this has moved me more than I thought this morning.”
“Wow, I really enjoyed this episode,” another wrote. “I admire Kel. Especially how he did not hold back on his faith, beliefs, and convictions.”
In Bialik’s last episode, she interviewed author David Poses about the intersection of addiction and mental health.
LOS ANGELES–October 5, 2021–Lincoln Loud and his family return once again in The Loud House: Cooked! – Season 3, Volume 2 DVD! In the Emmy Award-winning Animated Series, the third season of The Loud House sees the Loud kids helping their father with his new restaurant, Luna entering a song-writing contest, Lori and Bobby bringing their crazy families together for the first time on Thanksgiving dinner, and much more! The Loud House: Cooked! – Season 3, Volume 2 will be available on DVD from Paramount Home Entertainment and Nickelodeon Home Entertainment on November 2, 2021, for the suggested retail price of $13.99.
The Loud House: Cooked! – Season 3, Volume 2 episodes:
Disc One:
Scales of Justice / Crimes of Fashion
Absent Minded / Be Stella My Heart
Sitting Bull / The Spies Who Loved Me
Really Loud Music
House of Lies / Game Boys
Everybody Loves Leni / Middle Men
Jeers for Fears / Tea Tale Heart
Disc Two:
The Loudest Thanksgiving
Predict Ability / Driving Ambition
Home of the Fave / Hero Today, Gone Tomorrow
The Write Stuff / Racing Hearts
Stage Plight / Antiqued Off
Cooked!
The Loud House: Cooked! – Season 3, Volume 2 synopsis:
The kids promise to help Dad with the grand opening of his new restaurant by coming up with promotions. But their lack of teamwork and ridiculous promos lead to an ultimate nightmare in the kitchen for Dad. Plus, Luna hopes to win a song-writing contest and Lori and Bobby set up a plan to bring their wacky families together for the first time on Thanksgiving!
The Loud House: Cooked! – Season 3, Volume 2 fast facts:
Street Date: November 2, 2021
Catalog: 1000804790 (US), 1000804798 (CAN)
Running Time: 4 hrs 53 min
Audio: Dolby Digital English 5.1, French Stereo, Spanish Stereo
Subtitles: English CC
US Rating: Not Rated
CAN Rating: G
US M.S.R.P.: $13.99
CAN M.S.R.P: $15.99
Look out for chances to WIN this awesome DVD, including at Chatty Patty's Place!
About The Loud House
The Loud House debuted on Nickelodeon in May 2016 and centers on 11-year-old Lincoln Loud and his 10 sisters as he gives an inside look at what it takes to survive the chaos of a huge family. As one of the longest-running animated series on Nickelodeon with 156 episodes, the property has also been translated into: a comic book series, which continues to roll out new stories; chapter books; a digital album; and a podcast, Listen Out Loud. The series is executive produced by Michael Rubiner. Kyle Marshall serves as co-executive producer and Ashley Kliment-Baker is art director.
About Nickelodeon
Nickelodeon, now in its 42nd year, is the number-one entertainment brand for kids. It has built a diverse, global business by putting kids first in everything it does. The brand includes television programming and production in the United States and around the world, plus consumer products, digital, location based experiences, publishing and feature films. For more information or artwork, visit http://www.nickpress.com. Nickelodeon and all related titles, characters and logos are trademarks of ViacomCBS Inc. (Nasdaq: VIACA, VIAC).
About Paramount Home Entertainment
Paramount Home Entertainment (PHE) is part of Paramount Pictures Corporation (PPC), a global producer and distributor of filmed entertainment. PPC is a unit of ViacomCBS (NASDAQ: VIAC; VIACA), a leading content company with prominent and respected film, television and digital entertainment brands. The PHE division oversees PPC’s home entertainment and transactional digital distribution activities worldwide. The division is responsible for the sales, marketing and distribution of home entertainment content on behalf of Paramount Pictures, Paramount Animation, Paramount Television Studios, Paramount Players, MTV, Nickelodeon, Comedy Central and CBS and applicable licensing and servicing of certain DreamWorks Animation titles. PHE additionally manages global licensing of studio content and transactional distribution across worldwide digital distribution platforms including online, mobile and portable devices and emerging technologies.
With Christmas season right around the corner, fan-favorite Nick Jr. characters are ready to help celebrate and spread holiday cheer in the brand-new DVD release Nick Jr.: The Night Before Christmas! The DVD includes Christmas-themed episodes from PAW Patrol, Baby Shark’s Big Show!, Blue’s Clues & You!, Bubble Guppies, and Blaze and the Monster Machines. Preschoolers and their families will get to meet Santa, learn new holiday traditions, and celebrate the joyous holiday with their favorite characters. Nick Jr.: The Night Before Christmas is the perfect stocking stuffer for any Nick Jr. fan!
Nick Jr.: The Night Before Christmas will be available on DVD from Paramount Home Entertainment and Nickelodeon Home Entertainment on November 2, 2021, for the suggested retail price of $10.99, just in time for holiday gifting!
Nick Jr.: The Night Before Christmas episodes:
PAW Patrol: Pups Save a Bah Humdinger
Baby Shark’s Big Show!: All I Want for Fishmas
Blue’s Clues & You!: Blue’s Night Before Christmas
Bubble Guppies: The Guppies Save Christmas!
Blaze and the Monster Machines: Snow Day Showdown
Nick Jr.: The Night Before Christmas synopsis:
Ho, Ho, Ho, it’s the night before Christmas for the PAW Patrol, Blue, The Bubble Guppies and more! The PAW Patrol work together to stop Mayor Humdinger and help Santa save Christmas. Molly, Gil, and Bubble Puppy discover Santa’s list is lost in the snow and need to get it back to the North Pole! Then, viewers will decorate the tree with Steve, help Joe wrap presents in Santa’s workshop and everyone will celebrate a night full of Christmas traditions!
Nick Jr.: The Night Before Christmas fast facts:
Street Date: November 2, 2021
Catalog: 191329205914 (US)
Running Time: 1 hr 52 min
Audio: Dolby Digital English 5.1, French Stereo (not available for “Baby Shark’s Big Show!: All I Want for Fishmas”), Spanish Stereo
US Rating: Not Rated
US M.S.R.P.: $10.99
Look out for chances to WIN this festive DVD, including at Chatty Patty's Place!
About Nickelodeon
Nickelodeon, now in its 42nd year, is the number-one entertainment brand for kids. It has built a diverse, global business by putting kids first in everything it does. The brand includes television programming and production in the United States and around the world, plus consumer products, digital, location based experiences, publishing and feature films. For more information or artwork, visit http://www.nickpress.com. Nickelodeon and all related titles, characters and logos are trademarks of ViacomCBS Inc. (Nasdaq: VIACA, VIAC).
About Paramount Home Entertainment
Paramount Home Entertainment (PHE) is part of Paramount Pictures Corporation (PPC), a global producer and distributor of filmed entertainment. PPC is a unit of ViacomCBS (NASDAQ: VIAC; VIACA), a leading content company with prominent and respected film, television and digital entertainment brands. The PHE division oversees PPC’s home entertainment and transactional digital distribution activities worldwide. The division is responsible for the sales, marketing and distribution of home entertainment content on behalf of Paramount Pictures, Paramount Animation, Paramount Television Studios, Paramount Players, MTV, Nickelodeon, Comedy Central and CBS and applicable licensing and servicing of certain DreamWorks Animation titles. PHE additionally manages global licensing of studio content and transactional distribution across worldwide digital distribution platforms including online, mobile and portable devices and emerging technologies.
