In this months article I will be discussing Sega's new lawsuit. According to RollingStone.com, Kierin Kirby (aka Lady Miss Kier), formerly of the pop-dance act Deee-lite, is suing Sega for allegedly copying her "image, vibe and trademark diva looks." The suit that was filed Monday claims that Sega's character Ulala, of Space Channel 5 and Space Channel 5 Part 2, "bears a striking physical similarity and likeness to plaintiff." "The similarities and likenesses include the same or nearly the same distinctive make-up, large eyelashes, doe eyes, red/pink hair, pony tails, cute backpacks, mini-skirts, knee-socks, knee-high boots, and platform shoes," the lawsuit reads. "The similarities and likenesses are so close that viewers, listeners, and consumers were and are confused or likely to become confused between Ulala and plaintiff."
Furthermore, Kirby claims that confusion could stem from the 1970s' funky vibe of the games, its music and the characters' dance moves, which are similar to the moves and style in the music video for Deee-lite's international hit �Groove Is in the Heart.� And get that the name Ulala is a phonetic spelling of Lady Miss Kier's signature expression �ooh-la-la.� Finally, Ms. Kirby claims that Sega approached her between May and July of 2000 and asked to license her likeness, image and name for the games for roughly $15,000. At the time she declined, and she is now seeking more than $750,000 for their misuse. The problem with the lawsuit is that Space Channel 5 was original released in Japan December 16, 1999.
This lawsuit will go nowhere and will be thrown out. |