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Josh Koscheck Suing NGAUGE Over “Trash Talkin’ Kids” T-Shirt


(The ‘Josh Kosh M’Gosh’: Taken from us too soon. Props: facebook.com/TrashTalkinKids)

Due to his unauthorized depiction in the “Trash Talkin’ Kids” t-shirt line, UFC star Josh Koscheck is suing NGAUGE, the MMA artwork and apparel company co-founded by Stephan Bonnar. NGAUGE was officially served with notice of the lawsuit yesterday morning.

Though a source at NGAUGE told us that reaction from the other fighters depicted in the shirt series (including Georges St. Pierre and Brock Lesnar) has been uniformly positive, Koscheck apparently didn’t see the humor in being associated with a brand of children’s overalls. Which is too bad, because that shit is kind of hilarious.

In an odd side-note to the story, Koshcheck’s legal representation in the case will be Christian Wellisch, a retired heavyweight fighter who you might remember as Shane Carwin‘s first knockout victim in the UFC, back in May 2008. Following that fight, Wellisch was briefly fired during the mass-bloodletting over AKA’s refusal to sign away their likenesses for UFC Undisputed, then fired for real when he dropped a split-decision to Jake O’Brien in his next outing. These days, he runs a law practice near San Jose.

Unsurprisingly, Koscheck’s lawsuit has raised the ire of Stephan Bonnar himself, who now lists Koscheck as the person he’d like to fight most in the UFC. As he explained in an interview published yesterday on FiveKnuckles:

He actually inspired the [Trash Talkin' Kids] idea, he [talked] so much shit in the Daley fight and after the fight…I thought it was the funniest thing, like he is just a trash talking kid at heart….He got wind of it and he didn’t like it and I tried to explain it to him firsthand. ‘Like, look we’re doing them for all the fighters. It’s kind of a joke, just cartoon versions of the fighters.’…Anyway, so he didn’t like it. Turns out we won’t be able to sell his but we will be able to sell the other ones. I didn’t think his was gonna sell too much anyway. We’re getting hit up [by] his lawyers at the moment, it’s been a pain in the ass…I would drop a lot of weight to fight him.”

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dranokills- June 9, 2011 at 10:04 pm
I hope this lawsuit thing backfires and costs cupcake some real dough, then they can make another parody about him crying.
Fuck koschek hes a high yellow turd.
jyveturkey- June 9, 2011 at 8:49 pm
fuckin HOmo
Hinarf- June 9, 2011 at 6:17 pm
ummmmmm..........it's a sham.....hype building. You're a tool.
BigMoose- June 9, 2011 at 4:45 pm
Idk, seems a little "cunty"
AndyInflammatory- June 9, 2011 at 4:01 pm
Diego Sanchez "You aint my daddy"

Stephan Bonnar "Well...not that we know for sure..."

That line alone gives him the right to parody anything he sees fit. Glorious stuff.
mt59801- June 9, 2011 at 2:38 pm
It's called PARODY, fuck next he's going Jim Henson's corpse over the fraggles.
Komodo- June 9, 2011 at 2:29 pm
Just when you thought that dude couldn't get any more annoying. He's a killjoy no matter how you look at him.

=WAR BONNAR=
The_Dead_Cow- June 9, 2011 at 1:26 pm
You guys just don't understand. Koscunty didn't want everyone to think he was a major douche, he wanted everyone to know for sure. I almost feel bad for the guy. Leading up to the GSP fight, even his friends were calling him an asshole.
NotReadyStatus- June 9, 2011 at 12:57 pm
What an effing baby. That is actually a rather complementary pic. I would have been much more offensive.

FAIR USE DICKHEAD!
ccman- June 9, 2011 at 11:20 am
@Rwilson are we talking about Fedor, Diaz, Bisping, or Kos..... i got confused
RwilsonR- June 9, 2011 at 11:15 am
I would honestly think that someone who is destined for a middle-of-the-pack role in a division where he likely won't see another title shot, and who isn't a fan favorite, would be flattered by anybody bothering to give him any extra attention.
noizy- June 9, 2011 at 11:01 am
Now this is going to make the T-shirt even more desirable.
ccman- June 9, 2011 at 10:30 am
Maybe doing a parody of a walking parody (Kos does stand up sometimes right?) isn't protected.
Eyes red as Fedor- June 9, 2011 at 10:27 am
I thought parody was protected in America. Not that I'd expect CP to have any knowledge of that.
Mike Russell- June 9, 2011 at 10:22 am
In laymen's terms, Mad Magazine, Weird Al Yankovic, The Simpsons and Family Guy have been parodying people for years and have never been successfully sued. This is no different.
Buster Hyman- June 9, 2011 at 10:20 am
stephan bonnar just needs to hire shane carwin as his lawyer then he's good to go
ccman- June 9, 2011 at 10:19 am
Gobo Fraggle was mad that the clan wasn't getting anything off it.
Mokey Fraggle did not get asked to help with the art work.
Red Fraggle can't get signed by the UFC.

Oh fuck it, Kos is just an asshat.
InsideScoop- June 9, 2011 at 9:38 am
As a source close to NGAUGE, I wanted to dispel the belief that Kos was upset because he was not going to be receiving payment from the use of his likeness. In reality, all fighters depicted by Trash Talkin' Kids are paid royalties through the UFC on every shirt that is sold. DONE. Find a new argument for why Kos is being a dick dewd!
kmax1940- June 9, 2011 at 9:09 am
Well obviously you dont make a shirt with someones likeness on it without doing the legal work first! I wanted to make some Ariel Helwani shirts but when we contacted him about it he shot the idea down and would not even discuss it with us.
SmellMyTriangle- June 9, 2011 at 8:48 am
Funny how Koscheck talks mad smack to everyone and goes out of his way to be a heel, but as soon as a parody of him pops up he goes after a fellow employee with lawyers. That grimy lay 'n prayer gives it but can't take it. I think that means he has a small willy, but I don't want to know.
BONGTAR- June 9, 2011 at 8:48 am
MRuss, scanners, head exploding, thanks.
Mike Russell- June 9, 2011 at 8:25 am
Fair use laws cover parodies. Can't see Josh winning this one.

Producers or creators of parodies of a copyrighted work have been sued for infringement by the targets of their ridicule, even though such use may be protected as fair use. These fair use cases distinguish between parodies (using a work in order to poke fun at or comment on the work itself) and satires (using a work to poke fun at or comment on something else). Courts have been more willing to grant fair use protections to parodies than to satires, but the ultimate outcome in either circumstance will turn on the application of the four fair use factors.

A number of appellate decisions have recognized parody as a protected fair use, including both the Second (Leibovitz v. Paramount Pictures Corp.) and Ninth Circuits (Mattel v. Walking Mountain Productions).

Most recently, in Suntrust v. Houghton Mifflin, a suit was brought unsuccessfully against the publication of The Wind Done Gone, which reused many of the characters and situations from Gone with the Wind, but told the events from the point of view of the slaves rather than the slaveholders. The Eleventh Circuit, applying Campbell, recognized that The Wind Done Gone was a protected parody, and vacated the district court's injunction against its publication.
ccman- June 9, 2011 at 8:20 am
Does Kos reeeeaaallly wanna open up the likeness lawsuit thing?
He will be getting a cease and desist order from down at fraggle rock.
down at fraggle rock.
Lesnars_tiny_pecker_says- June 9, 2011 at 8:11 am
@careerender
this is whats wrong with America. No one wants to be responsible for the mistakes they make and everyone wants to sue the hell out of everyone else. Besides the company is donating all profits to a charity. it's a charity that raises awareness about Half breed douche bag MMA fighters who are addicted to peter puffing and hair bleaching. The charity is called S.U.C (Shoulda Useda Condom)
k-onda- June 9, 2011 at 8:10 am
God Damn he's a villain!
Quick, someone do a photoshop of him as the grinch or some shit, and don't worry, Dr. Seuss ain't gonna sue you.
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