While performing a Google search on one portable sanitation topic today, I clicked onto a completely unrelated – but nonetheless interesting – story about one PRO’s legal tussle with longtime Tonight Show host Johnny Carson.
Back in 1977, the U.S. District Court ruled that Michigan contractor Earl J. Braxton couldn’t use the name “Here’s Johnny Portable Toilets Inc.,” because he knew at the time that the phrase “Here’s Johnny!’’ was closely associated with Carson and his sidekick, Ed McMahon, who uttered it every night on television. According to the court’s ruling, Braxton coupled “Here’s Johnny’’ with the phrase, “The World’s Foremost Commodian’’ to capture the attention of potential customers.
But this isn’t just ancient news. Last April, San Francisco attorney Kevin Underhill, in his legal blog, loweringthebar.net, wrote about the case and noted that Braxton tried to register the phrase “Here’s Johnny’’ again in 2006, arguing that Carson had died and no longer had rights to the verbiage. But, Underhill reported, Braxton lost again, because the entertainer’s estate retained rights to the phrase.
“It appears, therefore, that Mr. Braxton will never realize his life's dream. And that would be sad, if that dream were not so ridiculous,’’ Underhill blogged. “But according to Braxton's website (at www.toilets.com), he does own the trademarks ‘Porta-John,’ ‘Green John,’ ‘Sani-Jon,’ ‘Portaloo,’ and (for some reason) ‘Out-Standing in the Field,’ so that should be some consolation.’’
While this was all interesting, I better get back to work …
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