Seems strange that Spike Lee could win this case, event at this court level, but he has:

Court Keeps Spike TV Off the Air for Now
By BILL CARTER


Viacom yesterday lost its latest legal appeal to carry out its plans to rename its TNN cable network Spike TV.

The filmmaker Spike Lee, whose movies include "25th Hour," "Jungle Fever" and "Do the Right Thing," won an injunction against the name change last week, arguing that Spike TV was an infringement on his name and reputation because viewers would associate the channel with him. The Appellate Division of the New York State Supreme Court yesterday rejected a motion by Viacom to lift the injunction.

The decision means that Viacom must retain the old name at least until September, when an appeal will be heard.

Executives at MTV Networks, the Viacom division that oversees TNN, expressed outrage at the court's decision yesterday, saying that the ruling had already cost the company more than $17 million in wasted promotion and advertising fees. If the channel can never use the name Spike TV, they said, it will cost more than $47 million.

In a statement, the company said: "This case is far from over. We think today's ruling perpetuates a flawed and perplexing decision with far-reaching First Amendment implications that go well beyond the significant financial damage our network has incurred. We intend to appeal vigorously and still expect to be vindicated ultimately. We firmly believe we have an absolute right to use the common word `spike' as the name of our network."

Mr. Lee's side has argued that the channel, which is now being marketed as appealing especially to men, cannot help but be associated with him.

Kevin Goering, a media and publishing lawyer with Coudert Brothers in New York, said the original granting of the injunction, by Judge Walter Tolub, had surprised him "to an extent." He said it represented an overly broad interpretation of a New York law intended to prevent celebrities from having their images and names used for commercial purposes that they have not approved.

"Personally I don't think celebrities ought to have as much control over their names," Mr. Goering said.

Executives at MTV Networks said they were stunned last week when the court granted Mr. Lee the injunction. They have now sought two stays of the order without success. The next moves, as outlined by the company's lawyers, will be to return to Judge Tolub's court to begin preparation for trial while seeking a quick decision from the full New York Court of Appeals to overturn the injunction.

That court has promised to expedite consideration of the request for an appeal, scheduling a court date of Sept. 1, the day the court returns from its summer recess.

The trial itself could take many months, MTV executives said.

In the meantime, the channel intends to proceed with its new programming plans. There are no plans to re-rename the channel, an MTV Networks executive said.

Mr. Goering had one suggestion if the company changes its mind about that. "How about the Channel Formerly Known as Spike?"