Spike Lee has won the first round in his name-game battle with Viacom as a New York judge on Thursday temporarily barred the media goliath from renaming its TNN cable network Spike TV.
State Supreme Court Justice Walter Tolub on Thursday said Lee presented enough evidence at a hearing this week to warrant a trial to decide the fate of the network's new moniker. Until then, no name change can take place.
But just in case he can't prove his case in the courtroom, Tolub made Lee post a $500,000 bond to cover Viacom's potential losses.
The moniker makeover, announced by Viacom back in April as an attempt to revamp the floundering TNN as the first testosterone-centric cable network, was supposed to go into effect June 16. The network even held a big blowout Tuesday at, appropriately enough, the Playboy Mansion, to celebrate the launch. Would-be Spike TV stars Kelsey Grammer, Pamela Anderson (news) and "Stone Cold" Steve Austin were among those in attendance.
The Spike TV lineup was slated to feature a steady roster of pro wrestling, reruns of Baywatch, The A-Team and Star Trek, gadget review shows and adult-friendly 'toons like Grammer's Gary the Rat, Anderson's erotic superhero Stripperella and a retooled Ren & Stimpy.
Lee, accompanied by lawyer Johnnie Cochran, appeared before Tolum in court Monday to explain how he thought his name was being coopted by Viacom and how his fans would be confused. He presented affidavits from the likes of Edward Norton (news) (who starred in Lee's 2002 release The 25th Hour) and former U.S. Senator Bill Bradley (news - web sites), who both stated that they thought Lee was affiliated with the new network when it was first publicized.
The Oscar-nominated, Emmy-winning director, who actually has helmed two movies for Viacom-owned studios and was due to begin shooting a TV movie this week for the company's Showtime network, said after the hearing that he doesn't want to burn bridges, but "I don't want to be associated with that Stripperella crap."
For its part, Viacom insisted Lee doesn't have a monopoly on the word. "It is many other things in the English language," attorney Victor Kovner said, adding that several entertainers, including fellow director Spike Jonze (news) and musicians Spike Jones and Spike Milligan (news), use the name and there was even a Spike Lee (news) in the Our Gang serials.
Besides, Kovner argued, Spike Lee's real name is Shelton.
Ultimately, though, Tolub didn't buy that argument. "Contrary to defendants' position, the court is of the opinion that in the age of mass communication, a celebrity can in fact establish a vested right in the use of only their first name or a surname," the judge said. "There are many celebrities that are so recognized, including Cher, Madonna (news - web sites), Sting and Liza."
Viacom says it will appeal the ruling ASAP. "We respectfully disagree with the judge's decidison, which was not supported by the law or evidence," Viacom spokesman Dan Martinsen said