I notice lately that some media outlets have begun referring to Pippa Middleton as “P. Middy”. So that got me to wondering, is it likely that Sean Combs (P. Diddy) would have cause for action against any media outlets engaging in this practice, especially if the nickname were to become so widespread as to become her de facto name in most media references to her, à la LiLo or Brangelina?
Just a WAG here but Sean Combs has settled out of court before after trying to call himself ‘Diddy’ in the UK (by another musician using the same moniker). If P. Middy were a musician there may be cause for some action to be taken but as the two aren’t competing in any way I think any action would fail.
Don’t know about the U.K., but in the U.S. he’d have to prove that by giving someone a nickname similar to his, the media (not Pippa, because she didn’t do it) has either misled people that somehow the story was going to be about Diddy (thereby profiting by falsely using his name, image or likeness) or that they have somehow damaged Diddy’s marketability by defaming his name, image or likeness.
The more important question is: Does Pippa have cause of action against the media?
Really, if it were me, I’d be mad. :mad:
Thanks for the answers so far. My thinking is that perhaps widespread use of “P. Middy” by the media might somehow dilute and devalue Diddy’s name - placing it in the public consciousness on a more superficial level akin to that accorded Pippa Middleton. People tend to skim the news and then focus on items of interest to them, and I was thinking that the use of a similar nickname might cause people to skip information about upcoming Diddy projects, shows or albums because they mistakenly think the information pertains to Pippa, who they may not have much interest in.
And on preview: Brown Eyed Girl:
It would be very hard to argue that the media, in using its editorial freedom (to refer to Pippa as P. Middy) would be in any way responsible for an indirect economic loss to P. Diddy.
A check of the U.S. Trademark Office shows that “P. Diddy” is a registered trademark for musical and entertainment recordings, musical and entertainment live performances, web sites, t-shirts and related merchandise, and “a musical performer and producer and his musical performances.” Attempting to argue that publishing stories about someone with a similar (nick)name dilutes the commercial value of “P. Diddy” is standing on pretty shaky ground.
News organizations aren’t even responsible for economic losses to someone when they print true information about that same person, even if it’s damaging.
You don’t think he might have grounds to try to enjoin the various media outlets from referring to her this way? I’m not thinking so much that he might sue an entertainment magazine or news outlet for big bucks so much as that he might threaten legal action or sue to try to prevent them from referring to her by a name so similar to his.
Forgive me if the answer seems obvious. I’m just trying make sure the appropriate bases get covered.
ETA: Thanks for going to the trouble to research the “P. Diddy” trademark info.
We would think of associating it with Ken Dodd And The Diddymen - probably not an image he wants to cultivate.
Here’s a brief summary of trademark infringement.
Note that it says “a likelihood of confusion.” I’m having trouble imagining how a story about a young, white woman from England called “P. Middy” (for example) wearing a smashing hat at a party would create confusion with a new musical project by an older, black, American recording artist known as “P. Diddy.”
Simply having a headline of “P. Middy in London” on one page and “P. Diddy in New York” on the next page isn’t enough to call it “confusing” – the context provided by the photo or story attached to the headline should make it clear that Middy ain’t Diddy.
Of course, he could sue (this is America, after all!) It’s just unlikely that the scenario outline in the OP would be grounds enough to even get the suit heard. After all, President Obama didn’t sue Jim Miklaszewski and Nora O’Donnell of NBC, Mark Knoller of CBS, Geraldo Rivera of Fox News, Rush Limbaugh, CNN, the Associated Press and all the rest who said the guy killed by Navy Seal Team 6 was named “Obama.”
Fair enough. I consider the question answered.
And I love the line, “Middy ain’t Diddy”. Surely there’s some t-shirt money to be made there somewhere!
When I heard he was calling himself P. Diddy I laughed cos a diddy is a tit here.