Spike Lee wins a temporary halt in new TV network dispute

Jet, June 30, 2003

Famed filmmaker Spike Lee has won the first round in legal battles against Viacom Inc.

State Supreme Court Justice Walter Tolub of Manhattan recently granted Lee's petition and ordered Viacom not to use Spike TV as the new name for its TNN network, pending a trial. Tolub did, however, order a $500,000 bond to be posted by Lee to cover Viacom's losses in case the company wins.

Viacom announced the name change in April as part of its transformation of TNN into "the first network for men."

The judge disagreed with Viacom's lawyers who said Lee cannot prove their network's new name refers to him. Viacom's lawyers also argued that no New York law gives a celebrity's first name the protection Lee is seeking without some other suggestion of the person's persona.

"Contrary to defendant's 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 surname," the judge wrote.

Johnnie Cochran, Lee's lawyer, said, "We're obviously elated. We had a good judge who looked at the law and at the facts."

Lee, whose numerous directing credits include Malcolm X, Do The Right Thing and Jungle Fever, said he sued Viacom to protect his name from a deliberate attempt to capitalize on his image and prestige (JET, June 23).

Dan Martinsen, a spokesman for the network, said that Viacom would appeal immediately and seek a stay of the judge's recent order. "We respectfully disagree with the judges decision, which was not supported by the law or the evidence," Martinsen said.