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A Mangled Hand, A 'Heroes' Suit, And NBC
CNNMoney ^ | 10/17/06 | Paul R. La Monica

Posted on 10/17/2006 2:05:29 PM PDT by steve-b

NBC is getting sued by a garbage disposal maker that claims the network's new hit show "Heroes" casts its product in a negative light. You can't make this stuff up.

Apparently, the first episode of "Heroes" shows one of the characters, a cheerleader who is blessed with the power of indestructibility (must come in handy when being at the top of those human pyramids), sticking her hand into a garbage disposal and getting it all mangled. A few seconds later her hand heals.

What's the big deal? The brand name of the machine in question is visible in the scene. It's called the InSinkErator. (Sounds like a bad Schwarzenegger movie. "Hasta la vista, gah-bage. Foooood. I'll be back...to chop you.")

Anyway, Emerson Electric (Charts), the company that makes the InSinkErator, isn't too happy to have its product shown bloodying the hand of a pretty, young cheerleader. So Emerson filed a suit in a U.S. district court in St. Louis against NBC Universal on October 2.

In the lawsuit, Emerson claims that NBC used Emerson's trademark without the company's consent and that the show "implies an incorrect and dangerous design for a food waste disposer."

The company added in its complaint that NBC's depiction of the InSinkErator "casts the disposer in an unsavory light, irreparably tarnishing the product."

Emerson is asking the court to order NBC to remove Emerson trademarks from future broadcasts of the show and also reward Emerson damages suffered as a result of NBC's acts of "unfair competition, trademark infringement, and trademark dilution."...

(Excerpt) Read more at money.cnn.com ...


TOPICS: Culture/Society; Miscellaneous
KEYWORDS: lawsuit; lawsuitabuse

1 posted on 10/17/2006 2:05:30 PM PDT by steve-b
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To: steve-b

The company president should prove NBC wrong by sticking his head down a garbage disposal.


2 posted on 10/17/2006 2:07:57 PM PDT by MeanWestTexan (Kol Hakavod Lezahal)
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To: steve-b

Quick, name two brands of garbage disposal:

InSinkErater, and ... and ... Kenmore?


3 posted on 10/17/2006 2:08:20 PM PDT by Yo-Yo (USAF, TAC, 12th AF, 366 TFW, 366 MG, 366 CRS, Mtn Home AFB, 1978-81)
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To: MeanWestTexan

Actually, I think they have a legitimate beef (and I'm no fan of frivolous McDonald's-hot-coffee-type lawsuits).


4 posted on 10/17/2006 2:10:41 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: CaptRon

Maybe.

To me, it sounds like the disposal worked properly.


5 posted on 10/17/2006 2:12:29 PM PDT by MeanWestTexan (Kol Hakavod Lezahal)
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To: Yo-Yo

Viking.


6 posted on 10/17/2006 2:12:48 PM PDT by MeanWestTexan (Kol Hakavod Lezahal)
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To: MeanWestTexan
Apparently, the first episode of "Heroes" shows one of the characters, a cheerleader who is blessed with the power of indestructibility (must come in handy when being at the top of those human pyramids), sticking her hand into a garbage disposal and getting it all mangled.

I may not agree with the premise of the lawsuit in this case, yet broadcasting such stupid crap as putting ones hand in a disposal is begging for it.

7 posted on 10/17/2006 2:13:03 PM PDT by ARealMothersSonForever (We shall never forget the atrocities of September 11, 2001.)
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To: MeanWestTexan

Well, I suppose you do have kind of a point there, except for that pesky safety thing!


8 posted on 10/17/2006 2:13:18 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: CaptRon
You're right -- they DO have a legitimate gripe here . . .

The brand name of the machine in question is visible in the scene.

9 posted on 10/17/2006 2:14:30 PM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: CaptRon

I agree completely. NBC can't show a specific product brand name in that kind of light. I remodel kitchens and always recommend In-Sink-Erator brands because they hold up well, are reasonably priced and easy to change.


10 posted on 10/17/2006 2:15:27 PM PDT by Emmett McCarthy
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To: Emmett McCarthy

Funny you should say that. I've been thinking of getting one. Thanks for the recommendation!


11 posted on 10/17/2006 2:16:57 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: steve-b
NBC is getting sued by a garbage disposal maker

There's an allegorical connection here that just can't be ignored.

12 posted on 10/17/2006 2:17:25 PM PDT by Starboard
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To: Starboard

LOL!


13 posted on 10/17/2006 2:18:09 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: ARealMothersSonForever

If another network broadcast a show in which David Duke was portrayed as an NBC newscaster making racially charged remarks on the air, you can bet your @ss NBC would be filing a lawsuit on the same grounds.


14 posted on 10/17/2006 2:18:18 PM PDT by Alberta's Child (Can money pay for all the days I lived awake but half asleep?)
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To: Yo-Yo

I was just in the market for a disposal and I don't think there is another brand.

Oh, well, they should just Xerox the press release and cry in their Kleenex.


15 posted on 10/17/2006 2:19:15 PM PDT by AmishDude (Mwahahahahahahahaha -- official evil laugh of the North American Union)
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To: CaptRon

Go big. Get the 1HP.

(I have Viking in our main house, but the KitchenAide and Insink are fine.)

The KA and Viking are quiet and do auto-reverse if you clog up.


16 posted on 10/17/2006 2:19:34 PM PDT by MeanWestTexan (Kol Hakavod Lezahal)
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To: MeanWestTexan

Man oh man. FR is the best! Where else can you get the dope on politics and kitchen appliances?!


17 posted on 10/17/2006 2:22:18 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: steve-b
What ? as a one hand American I'm offended.... does NBC imply I'm not a "Hero" because my hand did not heal or grow back?... I'm suing!
18 posted on 10/17/2006 2:24:02 PM PDT by tophat9000 (If it was illegal French Canadians would La Raza back them? Racist back their race over country)
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To: tophat9000

There's a Saudi Arabia joke in there, but I won't do it.


19 posted on 10/17/2006 2:25:41 PM PDT by MeanWestTexan (Kol Hakavod Lezahal)
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To: Yo-Yo
Hobart, maybe? And I recall a model that works off of water pressure, for the off-the-grid/minimal electricity types.
20 posted on 10/17/2006 2:26:07 PM PDT by Calvin Locke
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To: CaptRon

Man oh man. FR is the best! Where else can you get the dope on politics and kitchen appliances?!
_____________________________________________________

and the worst goes to Slick Willy who gave us the non-inhaled dope on politics and cigars ;)


21 posted on 10/17/2006 2:27:38 PM PDT by MadeInAmerica (- If ILLEGAL means Undocumented - Then Breaking and Entering means Unannounced Visit)
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To: ARealMothersSonForever

It was your stereotypical (and largely fictional) disposal accident, she dropped some jewelry it went down the drain she went groping after it then got distracted by something else and flipped the switch. Though it could have been partly deliberate on her part, as well as being indestructible she's also really depressed and suicidal (which apparently is how she found out she can't be killed). Really it's a cool show, but NBC shouldn't have shown a logo without permission (actually you should never show a logo without a check, forget permission, showing logos is advertising and you should always charge for that).


22 posted on 10/17/2006 2:32:47 PM PDT by discostu (we're two of a kind, silence and I)
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To: Yo-Yo

Kitchen-Aid, GE and Whirlpool along with Insinkerator oh Yeah Kenmore too, which is probably made by any of the above since they don't make squat they just put there brand on the stuff.


23 posted on 10/17/2006 2:42:10 PM PDT by aft_lizard (born conservative...I chose to be a republican)
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To: MeanWestTexan
There's a Saudi Arabia joke in there, but I won't do it.

What a day first NBC imply I'm not a "Hero"...

Now you accuse me of being an Islamic slot machine?!......

That it!... I'm suing!.... I'm suing everybody! ;>

24 posted on 10/17/2006 2:52:48 PM PDT by tophat9000 (If it was illegal French Canadians would La Raza back them? Racist back their race over country)
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To: Starboard; CaptRon

>>NBC is getting sued by a garbage disposal maker

>There's an allegorical connection here that just can't be
>ignored.

LOL indeed!


25 posted on 10/17/2006 3:52:09 PM PDT by ROTB (Our Constitution ... only for a moral and religious people... -- John Q. Adams, October 11, 1798)
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To: steve-b
Reminds me of a scene in the book Firestarter.
26 posted on 10/17/2006 4:02:34 PM PDT by Excellence (Vote Dhimmocrat; Submit for Peace!)
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To: steve-b

I wonder how much NBC is paying them to file this suit? Maybe they're just that lucky, but I'll almost guarantee you that NBC is the one that is alerting the media to this story.

I've been told you have to freeze frame the scene, it's only on for a few seconds, and to really see it you apparently have to zoom in.

Heroes is a fun show so far. This weeks fourth episode wasn't as good as the first three as they are trying to transition from the initial discovery of these people's powers into more actual stuff happening, and those sorts of transitions are somewhat awkward. It ended on a great note, however, and I loved the cheerleader waking up on the autopsy and her reaction to finding herself there AFTER the primary cuts of the autopsy.


27 posted on 10/17/2006 4:13:48 PM PDT by Phsstpok (Often wrong, but never in doubt)
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To: MeanWestTexan
To me, it sounds like the disposal worked properly.

Having watched all of the shows in the Heroes series so far, yes, it worked, exactly how it was designed. An item came into contact with it while it was powered on, it managled said item.

I never once thought that disposals from Brand X and disposals from Brand Y would work any different. They chop/rend things up, exactly as they are supposed to.

Like somebody said, NBC was dumb to be showing brands without taking some kind of product placement fee, but regardless, the scene was just extraneous, other than to setup a certain scene on the TV in the background, that another character later paints (or painted earlier, however you want to look at it). Maybe they figured we didn't get it, that after the sixth time of the girl throwing herself off of the tower/walkway and getting up and walking away, that maybe she was invulnerable.
28 posted on 10/18/2006 10:41:20 AM PDT by af_vet_rr
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To: steve-b

People watch this stuff?


29 posted on 10/18/2006 10:42:01 AM PDT by HitmanLV ("If at first you don't succeed, keep on sucking until you do succeed." - Jerry 'Curly' Howard)
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To: Phsstpok
It ended on a great note, however, and I loved the cheerleader waking up on the autopsy and her reaction to finding herself there AFTER the primary cuts of the autopsy.

That was a bit disturbing, but humorous in a way - I'd say she got her revenge.

What got me was the preview - just two words - "Hiro" and "Katana"
30 posted on 10/18/2006 10:43:17 AM PDT by af_vet_rr
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To: steve-b
The clear message for every thinking conservative to take away from this article is this:

There are way too many lawyers with extra time on their hands.

31 posted on 10/18/2006 10:43:21 AM PDT by TChris (The United Nations is suffering from delusions of relevance.)
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To: af_vet_rr
That was a bit disturbing, but humorous in a way - I'd say she got her revenge.

I found it interesting that the cheerleader went through a litany about other girls he'd raped and got him to confirm that he was going to keep doing it and "what could she do about it?"  "Well, I can do this."  Crunch!

What got me was the preview - just two words - "Hiro" and "Katana"

Does that mean you haven't seen this weeks episode, number 4?  When you see it and the moment comes you'll be surprised.  It took me several moments, even though I knew it must be coming, to realize who I was looking at and listening to. 

This episode is not quite as much "fun" as it's covering some necessary plot transitions and those sometimes are difficult.  But they still haven't driven off of a cliff.  Into a wall?  Oh, yeah!

32 posted on 10/18/2006 11:44:38 AM PDT by Phsstpok (Often wrong, but never in doubt)
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To: Phsstpok
I didn't really like this week's episode. Hiro was too over the top at the end, Mohinder pulled a John Kerry, Claire really should have thought about what would happen after the car crash, and Peter and Simone were awful-"I don't want to be the rebound guy," yuck.

The more I think about it, I hate everyone on the show except Nathan because while he's not the nicest guy, at least he knows what he wants and goes after it. I'll watch for him as long as they don't screw him up.

33 posted on 10/18/2006 7:21:09 PM PDT by Hawkeye's Girl
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To: Hawkeye's Girl
Similar impressions, though I liked the stuff at the end with Hiro (it was probably the radical difference in his character that made me accepting). Again, for me this is a transition episode. I won't say that they've driven off of the cliff until after watching at least next weeks episode, maybe two weeks. They have purchased my forbearance with better than expected writing and some really good casting/performances (without much of a demand on the actors to my mind, except for the cheerleader and the Professor's son).

Did you notice that they changed the picture of the professor on the back of his book? They added a Sikh turban. I have confirmed it is the same actor, Erick Avari, who played Daniel Jackson's father in law from Stargate. Interestingly, I just checked IMDB and they list two more episodes for his character than were on the same list last week.

The plot thickens! Better yet, the game is afoot!
34 posted on 10/18/2006 7:37:00 PM PDT by Phsstpok (Often wrong, but never in doubt)
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