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Trek Farley Lawsuit - JSA?
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The Trek fatbike named Farley is in trouble as Chris Farleys family is suing in federal court that just got moved to Madison. 10 million. Wondering if JSA or others have any more info on it.

This could be Lav room but many others often wonder about legality around bikes on the main forum.
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Re: Trek Farley Lawsuit - JSA? [adambeston] [ In reply to ]
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I know a little about the case. Actually pretty interesting.

Farley's family filed the lawsuit in Los Angeles. They are claiming Chris Farley's likeness is protected under CA law, which places limits on how an individual can profit from the image and/or likeness of a deceased person. Trek is claiming IL law applies, citing the fact that Farley was an IL resident at the time of his death, died in IL, and his parents filed probate in IL.

The case was transferred from LA to the Western District of Wisconsin District Court in Madison, WI. The transfer was a venue claim. Basically, Trek argued Madison was a more convenient forum in light of the number of witnesses in the area.

However, the case will still boil down to whether CA or IL law applies. If IL law applies, Trek likely wins. If CA law applies, Farley likely wins.

But, there are other issues as well. Trek claims the statute of limitation has run and therefore, the claim was not filed in time. Trek also claims "Farley" does not necessarily apply to Chris Farley.

Interested side note: The Judge is James Peterson. I have appeared before him. Good guy. Before going into law, he taught film and television history at Notre Dame.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: Trek Farley Lawsuit - JSA? [JSA] [ In reply to ]
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Why not just stick with the "fact" it was never named after Chris, but was just a name that they liked. They didn't name it the "chris farley"
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Re: Trek Farley Lawsuit - JSA? [iamuwere] [ In reply to ]
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iamuwere wrote:
Why not just stick with the "fact" it was never named after Chris, but was just a name that they liked. They didn't name it the "chris farley"

When I bought my Farley in 2016 the Trek website said the name of the bike was a tribute to him since he was from Wisconsin as well. As long as the Farley family has a screenshot of that, it will be hard for Trek to make that argument.
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Re: Trek Farley Lawsuit - JSA? [iamuwere] [ In reply to ]
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iamuwere wrote:
Why not just stick with the "fact" it was never named after Chris, but was just a name that they liked. They didn't name it the "chris farley"

That's what Trek is claiming. Farley's family bears the burden of proving they are using Chris Farley's likeness. However, Chris Farley's connections to Madison are well known, so, one can surmise. That said, speculation alone is not enough. The family will have that burden of proof.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: Trek Farley Lawsuit - JSA? [T3_Beer] [ In reply to ]
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T3_Beer wrote:
iamuwere wrote:
Why not just stick with the "fact" it was never named after Chris, but was just a name that they liked. They didn't name it the "chris farley"


When I bought my Farley in 2016 the Trek website said the name of the bike was a tribute to him since he was from Wisconsin as well. As long as the Farley family has a screenshot of that, it will be hard for Trek to make that argument.

I thought that was the case. I was not certain, but I seemed to recall Trek literature saying it was a tribute to him.

If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: Trek Farley Lawsuit - JSA? [JSA] [ In reply to ]
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In terms of his likeness. Are they arguing he looked like a bike
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Re: Trek Farley Lawsuit - JSA? [Andrewmc] [ In reply to ]
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Andrewmc wrote:
In terms of his likeness. Are they arguing he looked like a bike

Here is the issue: "Whether Waterloo-based Trek misappropriated Farley’s name and traded on his 'fat guy' brand of comedy in 2013 when it gave the Farley name to its new fat-tired bikes, designed to go off-road in rugged conditions year-round."

But, I dunno, does he look like a fat bike?




If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

Emery's Third Coast Triathlon | Tri Wisconsin Triathlon Team | Push Endurance | GLWR
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Re: Trek Farley Lawsuit - JSA? [JSA] [ In reply to ]
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Cool, I figured there was something that was not in the couple articles I read. Seems to be taking a while since I first heard about it so it makes sense. Seems like its a good tribute IMO. Maybe worth free bikes for the family or something as I guess most people wouldn't even catch the reference but I could be wrong.
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Re: Trek Farley Lawsuit - JSA? [adambeston] [ In reply to ]
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My first thought is hmmmmm I have a brother in law named Chris Farley (this is true). Would he be allowed to name a bike (or some other product) Chris Farley? Could he do it if it was a fat product? Could he do it with full intention of capitalizing on the name recognition of the actor, while claiming he's just using his own name?

I'm guessing JSA's answer would be, "depends on the law of that state."

-----------------------------Baron Von Speedypants
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Re: Trek Farley Lawsuit - JSA? [BarryP] [ In reply to ]
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BarryP wrote:
My first thought is hmmmmm I have a brother in law named Chris Farley (this is true). Would he be allowed to name a bike (or some other product) Chris Farley? Could he do it if it was a fat product? Could he do it with full intention of capitalizing on the name recognition of the actor, while claiming he's just using his own name?

I'm guessing JSA's answer would be, "depends on the law of that state."

While not exactly as you outlined, ask Uzi Nissan how that's working out for him.
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Re: Trek Farley Lawsuit - JSA? [dangle] [ In reply to ]
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lolz

----------------------------------------------------------------
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Re: Trek Farley Lawsuit - JSA? [adambeston] [ In reply to ]
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Frankly, they both look very petty. If Trek actually did name it for him without suggesting to the family, their bad. They do seem to feel they are above reproach IMO. They are all about the money when they do anything as of late. As far as the family, be honored that someone actually even remembers him. Some day you will want that...
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Re: Trek Farley Lawsuit - JSA? [adambeston] [ In reply to ]
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es ovah
http://amp.wisn.com/article/comedian-chris-farleys-family-sues-bike-maker-trek/21087863

Washed up footy player turned Triathlete.
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Re: Trek Farley Lawsuit - JSA? [ggeiger] [ In reply to ]
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ggeiger wrote:
As far as the family, be honored that someone actually even remembers him. Some day you will want that...


What?!? 90's SNL, Wayne's World, Tommy Boy, Billy Madison, etc, are going to exist as long as the Internet exists, and will be in the college bro starting rotation somewhere after Caddyshack and Animal House, but before Anchorman.
Last edited by: trail: Jun 6, 18 21:23
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Re: Trek Farley Lawsuit - JSA? [adambeston] [ In reply to ]
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Interesting side note

My ex-wife babysat Chris when he was a wee lad growing up in Maple Bluff- toney suburb of Madison
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Re: Trek Farley Lawsuit - JSA? [jla] [ In reply to ]
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jla wrote:
Interesting side note

My ex-wife babysat Chris when he was a wee lad growing up in Maple Bluff- toney suburb of Madison

Another interesting side note:

Both Chirs and Trek's founder went to the same university.
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