The Device formerly known as The Iron Maiden (Full Version)

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VadFarkas -> The Device formerly known as The Iron Maiden (2/2/2009 10:48:15 PM)

The reason I'm posting this here is because "The Device" was mentioned here before
and I would like to clarify with the folowing disclaimer.

A very good customer requested I fabricate a Male Chastity Device for him
because he was not happy with the device he was currently wearing. Until
that time I had never even heard of a Male Chastity Device. I had heard of a
Female Chastity Belt however and upon doing some more research on torture,
I ran across "Die Eiserne Jungfrau" or "The Iron Maiden", in English. This
arguably authentic medieval torture device was housed in a museum in Nuremberg,
Germany. Although I can't remember seeing it back in 1965 when I was in Nuremberg,
I do remember hearing about the device even as far back as then.

While I was designing and building the chastity device for my customer,
I kept thinking that the name "The Iron Maiden" would also fit my device since
they have many similarities. They both are made of metal, they both restrict
movement, they both hint at virginity or no sex in the term Jungfrau or Maiden
and both are a sort of torture device, although mine is not intended
to be deadly or even used involuntarily.The more I thought about it, the
more I thought it was the perfect name to christen my latest product.

About one year after I started to make my chastity device, I was contacted
by my lawyer to inform me that a British band which had a registered
trademark for "Iron Maiden" was objecting to my use of their trademark and
threatening me with a lawsuit if I did not stop using their trademark or any
similar mark. It seems they thought my use somehow endangered their
trademark. I make my devices to order, by hand, one at a time and they are
very labor intensive and time consuming, unlike mass produced T-shirts or
posters for example. (which is what their trademark registrations are for) I
tried to explain, through my lawyer, where my decision for the name "The
Iron Maiden" came from and that my product in no way resembles or infringes
on the band or their profits and that my product is closer to the original Iron Maiden
than the band. They did not agree and insisted I stop using the name or
there was the possibility of legal action.

I have never made any references to the band in order to use their name to
promote my product for sales, publicity or any other kind of gain. But they
are the big guy and I'm the little guy with no money to fight, so I took the
High Road and will stop using the name "The Iron Maiden" for my product.

This is not as simple as it may sound. In order to stay in compliance with
the terms, I have to remove all references to Iron Maiden on all photos and
text on my website, I also have to contact other websites and forums that
use the term "The Iron Maiden" to describe my Male Chastity Device.

I can not believe anyone, even the band, can not see the difference between
a Medieval Torture Device, a Male Chastity Device or a British Rock Band,
no matter how famous any of them are or used to be. I wish the band luck in
that they may sell some records and T-Shirts. However, I can quite honestly
say, I will never buy either or even be a fan again.

I am under a time limit and forced to temporarily shut down the Chastity
section of my website until I have time to edit the name Iron Maiden out of
everything and come up with a new name that is not similar and can be
confused with the band's name. Also, I am posting this disclaimer on various
Internet sites that are using the name "Iron Maiden" to describe my Male
Chastity Device and asking them to please refrain from doing so in the future.

Thank you for understanding and please feel free to email me with any questions.




hardbodysub -> RE: The Device formerly known as The Iron Maiden (2/2/2009 11:05:27 PM)

Vad, those guys are total idiots to do something like that. I even went to their website to send them a message to say so, but it looked like I couldn't do it without joining their fan club, which I refuse to do.

Frankly, since the phrase "iron maiden" has been in the public domain for centuries, it's hard to believe that their trademark can prohibit someone else from using the phrase for a product that is completely unrelated to their business. But there are a lot of things that I find ridiculous about trademark and copyright law these days. Plus, I'm not a legal expert, and I don't even play one on TV.




VanDarksyd -> RE: The Device formerly known as The Iron Maiden (2/3/2009 12:16:22 AM)

Bruce Dickinson (lead singer for aforementioned band) is a douche of epic proportions. I wouldn't be surprised if he told his lawyers to do things like this.




GreedyTop -> RE: The Device formerly known as The Iron Maiden (2/3/2009 12:20:26 AM)

Good lord, VAd (hi, btw.. hope all is well -besides this- in your world)..  Although I am a fan of the band (in their older days, they kinda lost it after Seventh Son, IMO), this is beyond the pale... seriously..

what assholeness!




JustDarkness -> RE: The Device formerly known as The Iron Maiden (2/3/2009 12:22:51 AM)

Isn't there a difference between the name "Iron Maiden"and the device "THE iron maiden"Don't think they have much to demand if you point to the Nurnberg device and say "not related to the band".But indeed...scaring does work if a big organisation contacts you. 




VadFarkas -> RE: The Device formerly known as The Iron Maiden (2/3/2009 7:24:33 AM)

Thanks all for your support.
Yes I pointed out the "THE" and I had my lawyer include links to the original torture device. I believe my lawyer did an exellent job of education but it was to no avail. He is still worried that my trying to explain will get me in trouble. But all I'm doing is complying to the agreement I signed.
In defence of the band. I'm not even sure they are aware of this issue. I was a fan as well and last night my wife orderd a 80's Metal CD collection off the TV. ;-) I hope the band is not on it. ;-)

I have been in the inventing business for almost 40 years before I started my own business selling the collars I've been making for over 10 years. I am somewhat familiar with copyright laws and am included on over a dozen patents. I understand the need for copyright laws but I can't see how my device is infringing on the band. I doubt there would even be as much publisity if they had just let this be. 

We are going on vacation next week and it will give me a chance to sit in the desert with some adult beverages and think about all this. ;-) In fact that is where I decided to finally try and build the first device for that first customer.

http://www.ringofsteel.net/ironmaiden.html




Knottydad -> RE: The Device formerly known as The Iron Maiden (2/3/2009 7:26:10 AM)

Why don't you keep the name but using an translated version like "Vierge de Fer" ?? Doesn't it sound great ?? :D




hardbodysub -> RE: The Device formerly known as The Iron Maiden (2/3/2009 7:33:01 AM)

Has anyone has trademarked "Steel Maiden"?




VadFarkas -> RE: The Device formerly known as The Iron Maiden (2/3/2009 8:09:40 AM)

Thanks for the suggestions, I have considered Steel Maiden and beleive it or not, they are saying I can't use a similar name as theirs. I thought of Steel Mistress, Steel Virgin. But I think I have a solution that will work. Like I said I want to think it over on vacation. I haven't even started to edit my photos. I don't have most of the originals without text on them and the devices are gone as well so I can't take new pictures. No big deal just don't have the time right now. But I do enjoy all the support. So far I only had one negative response and that was from ... yes you guessed it... a lawyer. He was taken to task by another supporter. Serves him right because he never read all of my disclaimer or he would have known better. ;-)




hardbodysub -> RE: The Device formerly known as The Iron Maiden (2/3/2009 8:18:46 AM)

I think they are full of sh** if they say their trademark extends to Steel Maiden. If you signed an agreement that precludes something like that, it's a different story. If not, I believe you'd have an excellent case against them. Of course, it would require money for legal fees, and bastards like this make a habit of bullying people around because they know the money's not there to fight them.




Maya2001 -> RE: The Device formerly known as The Iron Maiden (2/3/2009 8:31:11 AM)

Vad I realize for you this really sucks.....but I think another POV should be considered and  may  explain why they filed an order.

It maybe  has to due with the Iron Maiden fans  who will search the internet  looking for more info on the band...and surprise ..surprise they in a google search stumble onto your website... and they  or parents of   younger teens are   finding it offensive, since lets face it only a small portion of the population is accepting of BDSM and not all Iron Maiden fans are going to be of legal age.... So I am gathering it is some fans that are informing the group and complaining  that the find it offensive to search for info on the band and then be faced wth your chastity device.

You are going to  have parents with  a 13 or 14  year old son or daughter who was looking up info on his/her favorite band    and they check their viewing history and see their kids  came across your  chastity device ... you can be damn sure many of them would be filing complaints... so I can see why the band would bring an attorney into  this the resolve the problem,,, had you  been selling some other sort a product that would not be viewed as offensive or R rated by the mainstream fan population as well as being unrelated to the band  ..this issue would not have come up. 




hardbodysub -> RE: The Device formerly known as The Iron Maiden (2/3/2009 8:35:46 AM)

The internet search angle is a good point, Maya, and one I hadn't thought of. Frankly, though, I seriously doubt that thei band's motivation was in any way altruistic.




VadFarkas -> RE: The Device formerly known as The Iron Maiden (2/3/2009 10:41:36 AM)

Maya, you do bring up another side of this but I have to agree with hardbodysub. The motivation was strictly monetary.
They are afraid I will cut into their sales was the bottom line. The mark is for T-Shirts and posters. Everyone agrees I would win in court but also agree I don't have the money to fight. I have an idea for a name that will work for me personally and the more I think about it the more i like it. ;-) Stay tunned.
As far as an Internet search, The torture device came up before the band did when I checked.
http://en.wikipedia.org/wiki/Iron_maiden
And I purposely do not have any nude photos on my website... even before delving into male chastity. I even called my Cock Rings... Mini Collars at first.




Lynnxz -> RE: The Device formerly known as The Iron Maiden (2/3/2009 11:27:13 AM)

Hehehe... mini collars!




NYLass -> RE: The Device formerly known as The Iron Maiden (2/3/2009 8:24:42 PM)

As far as I'm concerned listening to the band could result in male chastity, but then I was never a fan of them.  Good luck and I'm sure you'll have an even more appropriate name after meditating with a beverage in warm climes.




BigSi2009 -> RE: The Device formerly known as The Iron Maiden (2/6/2009 4:07:37 PM)

Sorry to hear about your woes with your invention.  I agree with others that you should perhaps try a translation of Iron Maiden into a different language.  That would sound better than a variation on the name ala Copper Widow or .... (actually I quite like that one).  Anyway, keep up the fight!




Evility -> RE: The Device formerly known as The Iron Maiden (2/12/2009 2:59:06 AM)

I'm not a big Iron Maiden fan (the band, not your fetish device) but I'm gonna have to side with the band on this one. They have a trademark on the name. It's irrelevant how closely your product may or may not appear in relation to their band name or product. While I can understand your frustration in having to clear any references to their terminology from your product's descriptions I don't understand all the venom being doled out here on them. What good is a trademark if upstarts are allowed to decide how much their use of it infringes upon it?




hardbodysub -> RE: The Device formerly known as The Iron Maiden (2/12/2009 5:27:52 AM)

The reasons, Evility, are that trademarks aren't suppose to extend to words that have been in the public domain for a long time already, as "iron maiden" has, and also that the band is trying to extend their trademark beyond their name to [b]anything that is even similar to it, which is totally bogus.




VadFarkas -> RE: The Device formerly known as The Iron Maiden (2/13/2009 8:02:46 AM)

Thanks for all the support. I had quite a few adult beverages last night and there even was some talk about this mess. I'm pretty sure I will use the original name in the original language to get around this trademark issue. I will not be using the band's name but on the other hand, I will not loose my whole concept of how the name was chosen and it's intent. What ever anyone else wants to call it is up to them. Evility, although I agree with you on principle I have to agree more with hardbodysub on the details. I would win this case in court but do not have the time or money. I was in the inventing business almost all my working life and my name is on over a dozen patents, so I am familiar to some degree with the laws. There is no blanket coverage and the item has to be described in detail. The band's Mark is on T-shirts and Posters. In defense of the band, and I was a fan, they probably have no clue this whole thing was happening and it is all the legal department doing this. At least they are not the ones that signed the papers. I have been receiving many emails with amusing or useful info. One was a link to a site that sells a male device called The Iron Maiden. I'm on my lap top and the link is at home but it can be Googled. I wonder if they heard from the band's lawyer also?




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