In an unprecedented act of utter cluelessness, Atlas Publications, publisher of defunct komiks title Pilipino Komiks, has served a cease and desist order to Rising Star Printing Enterprise to stop publication of the recently successful Filipino Komiks #1.
The notice states:
“The use of “Filipino Komiks” in your publications is a clear case of trademark infringement and is confusing the reading public as to the source of said komiks, if not riding on the goodwill established by “Pilipino Komiks” through decades (sic).”
I say CLUELESS because:
ONE, “confusing the reading public”? What exactly is the public confusing Filipino Komiks with? Is there a title out there right now that this is competing with, confusing the reader which to buy? NONE. Because Pilipino Komiks has not been published for a LONG time. And much longer than that because for several years, the Atlas Publications title was NO LONGER being called Pilipino Komiks, but PILIPINO ILLUSTRATED STORIES.
TWO, “confusing the reading public as to the source of said komiks”. I assure you, the Filipino reading public will never confuse the substandard excuse for comic books Atlas has been publishing in the last several years with the obviously far more superiorly made, produced, and illustrated FILIPINO KOMIKS.
THREE, “riding on the goodwill established by “Pilipino Komiks”. How can goodwill be generated by years of substandard stories and artwork and shoddy and inferior production values? If PILIPINO KOMIKS really still had the goodwill of the people, it would have never sold so badly that it had to be cancelled.
FOUR, Atlas Publications, not content assisting the decline of Philippine komiks by their release of crappy comic books for YEARS, is now hell bent on preventing any other publisher from trying to revive it. Filipino Komiks infringing on your copyright? PLEASE! Why did you do nothing when GASI published PINOY KOMIKS, using deceptively similar title font for DECADES?
Legalities aside, why now? Why now when the industry is at it’s lowest and desperately needs a shot in the arm. The KOMIKS industry is DYING, and you just kicked the only doctor in town in the balls.
I think KC Cordero, Editor and Publisher has a chance of winning if he decides to fight this, but the other side has a chance of winning as well. To be honest, I’m not sure because I’m not a lawyer and things like this normally can’t be solved by ranting bloggers and indignant bystanders.
KC, If you decide to fight this, it will just be a headache. I would admire you if you do, but I would admire you no less, and probably even more so if you take the higher road, change the title of your comic book, and continue publishing. Filipino Komiks #1 is only out ONE issue. You have proven it to be a success. You can do so again, with a much better title, and a much better comic book. You can count on me, and the many other artists and writers who support you to help make your future comic book a success.
UPDATE: It looks like Atlas Publications has plans to revive Pilipino Komiks, thus their position against Filipino Komiks. It’s becoming much more clear now that the best way for Rising Star is to just change the title. Pursuing this will probably cost Rising Star and KC too much.
There is talk on the message board that any who participate in Rising Star’s comics will be banned from Atlas. I’m not sure if that’s true, but if it is, it’s clearly indicates the kind of the management they have over there, and it’s plain to see that they have no intention of letting go some of the practices that have caused the industry to decline in the first place. And that does not bode well for them.