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avatar_Takama

Suing over Dinosaur names?

Started by Takama, February 09, 2016, 09:17:06 PM

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Takama

Ok This is a qustion thats been running through my head.

Can a Musician sue the Society of Vertebra Paleontology if a Animal is named after him and he does not like it?

I ask this because of MArk Knopfler from Dire Straits.  Did he know theirs a Dinosaur named after him?

On a different note. Can some one in the society legally name a Dinosaur Indominos Rex if he wanted too? Would Universal get all Enaged and direct there lawyers on the society? If I discoved a small Theropod Dinosaur and got to Name it, i would call it that just to make fans of that monster upset >:D


If this subject is too political then some one close this before it starts



SBell

It isn't jsut dinosaurs--taxonomists can name a new species whatever they want. And it isn't always done for kind reasons! As far as I know, those naming conventions aren't really something that be subject to litigation, but copyright lawyers might be willing to try--and scientists and their institutions don't really have the funds to even start to respond!

That said...once a name is published, that's the name--it may be revised for synonymy or proper Greek/Latin grammar, but otherwise it's pretty much stuck.

Although, I'm really only familiar with most conventions; it's a long list of rules and guidelines!

Lanthanotus

Quote from: Takama on February 09, 2016, 09:17:06 PM
Can a Musician sue the Society of Vertebra Paleontology if a Animal is named after him and he does not like it?

As a society can never be the author/name giver of a new species, it also cannot be made responsible for any inconveniences caused by a so thought "inappropriate" name. In addition, to my knowledge the Society of Vertebrate Palaeontology is not the administrator of dinosaur species/genus/etc. names, this task falls to the International Commission on Zoological Nomenclature, the Code in full text can be seen here: click!

As far as I am aware of the rules, names derived from any dead, live, real or fictional persons, things and entities or whatever are completly legit if the other standards for scientifically correct describing a species/genus/etc. are met.

So in conclusion, I dare say, no, neither the musician nor the film studio would stay a chance to get this undone. After all, there's a small, blind, brown beetle, named after Adolf Hitler (Anophthalmus hitleri) by a scientist that wanted to honor his "Führer" with that discovery - if Mr Hitler liked that notion is not conveyed as far as I know.

CityRaptor

There is also the lizard Obamadon.

And it is not just real people. Gojirasaurus and Godzillus are both named after the King of Monsters, Sinemys gamera and Ninjemys are both mutant turtles ( one a Kaiju, the other a Ninja ) and the mite Darthvaderum might find your lack of faith rather disturbing.
Jurassic Park is frightning in the dark
All the dinosaurs are running wild
Someone let T. Rex out of his pen
I'm afraid those things'll harm me
'Cause they sure don't act like Barney
And they think that I'm their dinner, not their friend
Oh no

Takama

So if some one wanted to. They could name the next Carcharodontosaur Indominus rex, and there wont be a thing Universal can do to stop it?

Kayakasaurus

There's the Dracorex Hogwartsia name as well. In America you can sue over anything, but it makes you look shallow and greedy. I would think it would be good publicity for universal if a Dino was named after something in JW.
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Halichoeres

#7
Quote from: Takama on February 09, 2016, 11:20:19 PM
So if some one wanted to. They could name the next Carcharodontosaur Indominus rex, and there wont be a thing Universal can do to stop it?

What Lanthanotus said, that was a very cogent summary.

I think that Universal or whoever owns the rights to the name would be stoked. Normally a big company only sues when it seems like somebody is going to cost them money, not when somebody gives them free publicity. Now if some enterprising entomologist names a weevil Indominus...
In the kingdom of the blind, better take public transit. Well, in the kingdom of the sighted, too, really--almost everyone is a terrible driver.

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Lanthanotus

Quote from: Halichoeres on February 10, 2016, 03:05:51 AMNow if some enterprising entomologist names a weevil Indominus...

Was just about to say :D

Quote from: Takama on February 09, 2016, 11:20:19 PM
They could name the next Carcharodontosaur Indominus rex, and there wont be a thing Universal can do to stop it?

Just to clarify,....
while it is common use to identify differnet dinosaurs by their genus names, that manner can be somewhat misleading. Triceratops for example includes three species (afaIk), but in public view they are all just one dinosaur. I dare say that Tyrannosaurus rex is the only dinosaur that is commonly known by it's full, species name, not genus name.

Anyone could name any species or parts /fossils of them via a reviewed media, but his (or her) work would for sure have to go the way of being peer reviewed. So, if you find some carcharodontosaur bones you would need to define characteristics that make them so much different from already known (and named) carcharodontosaur dinosaurs, that the assignment of a new genus (Indominus), not just a species (rex) is justified.


SBell

Quote from: Lanthanotus on February 10, 2016, 08:23:03 PM
Quote from: Halichoeres on February 10, 2016, 03:05:51 AMNow if some enterprising entomologist names a weevil Indominus...

Was just about to say :D

Quote from: Takama on February 09, 2016, 11:20:19 PM
They could name the next Carcharodontosaur Indominus rex, and there wont be a thing Universal can do to stop it?

Just to clarify,....
while it is common use to identify differnet dinosaurs by their genus names, that manner can be somewhat misleading. Triceratops for example includes three species (afaIk), but in public view they are all just one dinosaur. I dare say that Tyrannosaurus rex is the only dinosaur that is commonly known by it's full, species name, not genus name.

Anyone could name any species or parts /fossils of them via a reviewed media, but his (or her) work would for sure have to go the way of being peer reviewed. So, if you find some carcharodontosaur bones you would need to define characteristics that make them so much different from already known (and named) carcharodontosaur dinosaurs, that the assignment of a new genus (Indominus), not just a species (rex) is justified.

Yeah, because a slightly larger curve in a frill or a few extra serrations on the upper maxillary teeth have never been seen as cause for a whole new genus.  ;)

In fact, it would be best case scenario--because that new taxon would get buried as a synonym pretty fast (Mojoceratops....looking at you...)

Lanthanotus

Yeah, you're indeed right, Sean.

Since a few years a peculiar Australian named Hoser makes himself a name with renaming and describing lots of "new" species (recent reptiles) by just the most minor differences or just "imagined" differences, some of which he had never seen in person. He publishes his "discoveries" in a peer reviewed journal which is published by himself and where he is the only peer. The designated names derive from all his family members, friends and even their dogs, cats and so on. This way he sorted dozens, if not hundreds of species in his new, "improved" way. This turmoil even led to an article by several serious scientists (and being really peer reviewed) which demand several more requirements to be met to justify the reallocation of taxons and the description of new genus/species/etc.

Dinoguy2

#11
I'm not sure why they would want to sue anyway. Suits are filed if somebody is making money off of their intellectual property, but nobody is making money from naming new species. The Tolkien estate would have no reason to sue over Sauroneyeops, for example, because it's not taking any money that should be theirs, and there's no money to be had from any licensing deal. No money involved, no reason to sue. Unless it was for libel, like you named a leech after somebody you didn't like specifically to insult or defame them, but that would be hard too prove damages for in court, and it would probably be against the scientist or journal who published the name, not the SVP or ICZN.

So yes, you could name a dinosaur Indominus rex with no problem. Plenty of animals are already named after copyrighted movie monsters (i.e. Godzilla already mentioned, plus many characters from Star Wars, Disney, LOTR, etc.).
The Carnegie Collection Dinosaur Archive - http://www.dinosaurmountain.net

Takama

Well It turns out that theirs a Pterosaur that shares almost the EXACT same name as a Pokemon

http://prehistoricbeastoftheweek.blogspot.com/2016/03/aerodactylus-beast-of-week.html

I wonder what Nintendo thinks about this


CityRaptor

#13
They might consider it good publicity, given that it is named after the Pokemon. So now we have to check which Pterodactylus toys are actually Aerodactylus...Would probably have been been better if it had a long tail, even if I'm not too fond of naming an animal after a Pokemon.

Speaking of influenced names:
http://prehistoricbeastoftheweek.blogspot.de/2014/10/halloween-2014-thirteen-monsters.html
http://prehistoricbeastoftheweek.blogspot.de/2015/10/halloween-2015-thirteen-more-monsters.html
Jurassic Park is frightning in the dark
All the dinosaurs are running wild
Someone let T. Rex out of his pen
I'm afraid those things'll harm me
'Cause they sure don't act like Barney
And they think that I'm their dinner, not their friend
Oh no

tyrantqueen

Quote from: Takama on March 03, 2016, 02:39:57 AM
Well It turns out that theirs a Pterosaur that shares almost the EXACT same name as a Pokemon

http://prehistoricbeastoftheweek.blogspot.com/2016/03/aerodactylus-beast-of-week.html

I wonder what Nintendo thinks about this

It's not the exact same. There is no "us" at the end of Aerodactyl's name.

Still, this pleases my inner child.

sauroid

#15
*never mind*
::)
"you know you have a lot of prehistoric figures if you have at least twenty items per page of the prehistoric/dinosaur section on ebay." - anon.

CityRaptor

My inner child would have prefered a Pterosaur named after Rodan. But I guess a species of Pteranodontoid would be better suited for that. 
Jurassic Park is frightning in the dark
All the dinosaurs are running wild
Someone let T. Rex out of his pen
I'm afraid those things'll harm me
'Cause they sure don't act like Barney
And they think that I'm their dinner, not their friend
Oh no

Dinoguy2

#17
Quote from: CityRaptor on March 03, 2016, 09:01:27 AM
They might consider it good publicity, given that it is named after the Pokemon. So now we have to check which Pterodactylus toys are actually Aerodactylus...Would probably have been been better if it had a long tail, even if I'm not too fond of naming an animal after a Pokemon.

Speaking of influenced names:
http://prehistoricbeastoftheweek.blogspot.de/2014/10/halloween-2014-thirteen-monsters.html
http://prehistoricbeastoftheweek.blogspot.de/2015/10/halloween-2015-thirteen-more-monsters.html

Aerodactylus is the new genus name for the old species "Pterodactylus" scolopaciceps. This includes all the specimens with really good soft tissue showing things like the crest and occipital caruncle or lappet (little fleshy bit that hangs off the back of the skull). I can't think of any toys that ever incorporated any of these finds unfortunately, so almost all Pterodactylus toys are probably still safely Pterodactylus (although that almost certainly had at least a low keratin crest too, which is just not preserved).
The Carnegie Collection Dinosaur Archive - http://www.dinosaurmountain.net

PaleoMatt


CityRaptor

Bring me Han solo and the Wookie! They will all suffer for this outrage!
https://en.wikipedia.org/wiki/Han_(trilobite)
Jurassic Park is frightning in the dark
All the dinosaurs are running wild
Someone let T. Rex out of his pen
I'm afraid those things'll harm me
'Cause they sure don't act like Barney
And they think that I'm their dinner, not their friend
Oh no

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