# It seems that I actually have fans
**URL:** https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544
**Category:** Miscellaneous and Personal Stuff I Must Share
**Created:** [May 26, 2019, 11:06am UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544 "2019-05-26T11:06:15Z")
**Posts on this page:** 16
**Page:** 1
### Author:  [@Spoons](https://boards.straightdope.com/u/Spoons)
#### Post date: [May 26, 2019, 11:06am UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/1 "2019-05-26T11:06:15Z")
I’m the ring announcer for the local pro wrestling promotion. I should point out that my real name is “Dave,” and this night, when I got into the ring to announce, I was greeted by fans who had signs saying, “Go Super Dave,” and “Super Dave Rules,” and one had even worked the initials “SD” into a Superman pentagon. Note that it is the fans who started calling me “Super Dave,” not me.
While I am pleased (hell, I am more than pleased; how many times have you had a crowd of 400 chanting your name?), I’m a little worried about copyright infringements. Specifically Super Dave Osborne, whose estate still owns his name and trademarks.
We’re a small independent wrestling promotion at this point, so we will likely fly under the radar of Super Dave’s lawyers. But what happens if we get bigger? I don’t want our promotion to get sued, but at the same time, I kind of like being called “Super Dave.” What to do?
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### Author:  [@Baker](https://boards.straightdope.com/u/Baker)
#### Post date: [May 26, 2019, 1:21pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/2 "2019-05-26T13:21:24Z")
I would say keep on as before. Since you did not start it what can anyone do?
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### Author:  [@Beckdawrek](https://boards.straightdope.com/u/Beckdawrek)
#### Post date: [May 26, 2019, 1:33pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/3 "2019-05-26T13:33:15Z")
If they protest we fans will just change it to ‘Supreme Dave’!!
I’m so proud to know you.,
What a great honor.🙂
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### Author:  [@TriPolar](https://boards.straightdope.com/u/TriPolar)
#### Post date: [May 26, 2019, 1:48pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/4 "2019-05-26T13:48:09Z")
You aren’t responsible for what the audience calls you. Don’t call yourself Super Dave. If anyone in your wrestling organization calls you Super Dave tell them to stop.
All that assumes that Super Dave’s estate or former business partners give a rat’s ass, and I assume they don’t because they’ve never heard of you and you aren’t making any money off the name.
But congratulations. Assuming you get paid even a penny you are now a Professional Wrestler, and as I’m sure you know, Professional Wrestling is the Sport of Kings.
ETA: Traditionally wrestlers don’t care about these kind of things until a cease and desist letter shows up and then they plead ignorance and poverty.
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### Author:  [@ftg](https://boards.straightdope.com/u/ftg)
#### Post date: [May 26, 2019, 2:03pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/5 "2019-05-26T14:03:46Z")
**MrsFtG** has a kid who works the between-innings entertainment for a minor league baseball team. When she attends the games he gives her a shout out which means people come up afterwards to say nice things about the kid. Literally the mother of a minor league celebrity.
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### Author:  [@Chefguy](https://boards.straightdope.com/u/Chefguy)
#### Post date: [May 26, 2019, 2:45pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/6 "2019-05-26T14:45:26Z")
Time for merchandising.
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### Author:  [@burpo\_the\_wonder\_mutt](https://boards.straightdope.com/u/burpo_the_wonder_mutt)
#### Post date: [May 26, 2019, 4:34pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/7 "2019-05-26T16:34:48Z")
I’d be more concerned about the Superman cartel.
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### Author:  [@Quartz](https://boards.straightdope.com/u/Quartz)
#### Post date: [May 26, 2019, 5:02pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/8 "2019-05-26T17:02:56Z")
> [@Spoons](#):
>
> While I am pleased (hell, I am more than pleased; how many times have you had a crowd of 400 chanting your name?), I’m a little worried about copyright infringements. Specifically Super Dave Osborne, whose estate still owns his name and trademarks.
IANAL but looking at his Wikipedia entry you’ll be fine. There’s no chance of you being confused with him.
From [here](https://www.wrighthassall.co.uk/knowledge/legal-guides/2011/11/21/guide-copyright-trademarkspassing-and-unregistered/) (UK):
> [@](#):
>
> To bring a passing off action, you must be able to show that:1.you are trading in the goods and services which the mark applies to, as only traders who have generated goodwill can bring a passing off action; 2.the public associate your mark with the goods you produce, or the services you provide; 3.you have built up a reputation in the goods and services, and goodwill is attached to the mark; 4.a third party has made misrepresentations to the public, whether intentionally or not, leading, or likely to lead the public, to believe that the goods or services offered to them are your goods or services; and 5.this has caused damage to the goodwill in your business. While it can be difficult and expensive to prove a passing off action due to the evidential burden of proof placed upon the owner of the trademark, it nevertheless remains a course of action open to owners of unregistered trademarks.
You are free and clear on points 1, 4, and 5. He’s a fictional stuntman; you’re a real person and a ring announcer. Completely different.
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### Author:  [@Quartz](https://boards.straightdope.com/u/Quartz)
#### Post date: [May 26, 2019, 5:06pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/9 "2019-05-26T17:06:39Z")
Heh. I forgot the biggest point: **you** are not styling yourself ‘Super Dave’; it’s your fans that are and you have no control over them.
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### Author:  [@TriPolar](https://boards.straightdope.com/u/TriPolar)
#### Post date: [May 26, 2019, 6:55pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/10 "2019-05-26T18:55:38Z")
> [@Quartz](#):
>
> IANAL but looking at his Wikipedia entry you’ll be fine. There’s no chance of you being confused with him.
>
> From [here](https://www.wrighthassall.co.uk/knowledge/legal-guides/2011/11/21/guide-copyright-trademarkspassing-and-unregistered/) (UK):
>
> You are free and clear on points 1, 4, and 5. He’s a fictional stuntman; you’re a real person and a ring announcer. Completely different.
So, do you thing the World Wildlife Fund and the World Wrestling Foundation having the same initials would cause confusion in the marketplace? No rational person would, however, the World Wrestling Foundation had to change their name to World Wrestling Entertainment as a result of action by the World Wildlife Fund in the UK resulting in great cost to the wrestling organization.
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### Author:  [@Gatopescado](https://boards.straightdope.com/u/Gatopescado)
#### Post date: [May 26, 2019, 7:57pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/11 "2019-05-26T19:57:37Z")
This is the most Canadian thing I’ve ever read.
“People like me! I’m sorry.”
😉
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### Author:  [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)
#### Post date: [May 27, 2019, 1:04am UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/12 "2019-05-27T01:04:33Z")
Good on you, [del]Super[/del] Modest-Canadian Dave!
Enjoy it, and don’t use it yourself, and you should be good.
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### Author:  [@SuperNelson](https://boards.straightdope.com/u/SuperNelson)
#### Post date: [May 27, 2019, 1:57am UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/13 "2019-05-27T01:57:39Z")
From one Super to another, let it ride, and hold on to your ego.
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### Author:  [@Spoons](https://boards.straightdope.com/u/Spoons)
#### Post date: [May 28, 2019, 12:21am UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/14 "2019-05-28T00:21:33Z")
Thanks, folks. Sounds like what the fans do or say is up to them. I agree that it is unlikely that Super Dave Osborne’s lawyers will ever hear about us, but I’ll err on the side of caution, and remind the wrestlers and crew (sound guy, merch table people, etc.) to avoid referring to me as Super Dave.
> [@TriPolar](#):
>
> But congratulations. Assuming you get paid even a penny you are now a Professional Wrestler, and as I’m sure you know, Professional Wrestling is the Sport of Kings.
I’m no professional wrestler, that’s for sure. It is true that I get a few dollars per show; and I’ve taken a few bumps in the ring, but those were accidental. Still, I’ve learned the hard way to never turn my back on a pro wrestler, or his or her manager.
I will say that the wrestlers, no matter whether they are face or heel, and/or whether the bell has rung, do take care to avoid mixing things up anywhere near me when I’m in the ring. Of course, that’s my cue to get the hell out before things get too out of control.
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### Author:  [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)
#### Post date: [May 28, 2019, 7:36pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/15 "2019-05-28T19:36:32Z")
Don’t start doing this: [- YouTube](https://www.youtube.com/watch?v=WvufFwdqMzg)
He will [sue](http://www.spokesman.com/stories/1997/dec/23/buffer-files-lawsuit/).
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### Author:  [@Knowed\_Out](https://boards.straightdope.com/u/Knowed_Out)
#### Post date: [May 28, 2019, 8:02pm UTC](https://boards.straightdope.com/t/it-seems-that-i-actually-have-fans/834544/16 "2019-05-28T20:02:22Z")
Why don’t you just run with it? You’re in the type of business where it pays to be edgy. At worst, you’ll get a “cease and desist” letter, then you can invent a new angle. Wrestling feds do it all the time.
Telling wrestlers and wrestling fans NOT to do it will not work. They’ll see a weakness to exploit.
I met a guy at a Mick Foley show who wore a sheet around his head and posed as Ad Miral Ak Bar for his wrestling fed. His favorite thing to do was go up to a couple of girls and says “Hey, you wanna play Twin Towers and go down on me?”