tuxedo-clad, big, red blob named Gabibbo entertains fans across Italy five days a week on a satirical television show.
But behind the cameras, the Italian character is in the midst of a lawsuit for allegedly bearing a striking resemblance to Big Red, Western’s mascot.
An Italian judge may issue a ruling as early as 2006 that will decide whether Western and Crossland Enterprises, a California-based licensing company, are entitled to collect damages from an Italian television company for trademark and copyright infringement.
Gabibbo was created by Antonio Ricci in 1990. Gabibbo is a red character clad in cuff links and a black bow tie.
Other than the outfit, the character resembles Big Red.
Gabibbo is the star of “Striscia la Notizia,” or “Stripping the News.” The show is a satirical expose of the news, said Richard Davidoff, a California-based attorney who is representing Western and Crossland Enterprises.
Davidoff said it was ironic that Gabibbo was exposed as a copy of Big Red because the show starring Gabibbo was intended to expose others’ activities.
A hearing regarding the lawsuit took place April 20 in Lugo, Italy. Western’s lawyers requested to have the case split into two different stages – one trial to determine if Mediaset infringed on Big Red and another trial to determine damages, Davidoff said.
Mediaset, an Italian television company that is controlled by the country’s prime minister, airs the program.
Representatives from Mediaset were not able to be reached.
“Striscia la Notizia” has been on the air for about 15 years and has drawn as many as 11 million viewers, according to the lawsuit.
In an interview with the Italian magazine Novella 2000 in February 1991, Ricci said he created Gabibbo after seeing a picture of Big Red, the Herald previously reported.
“There was this puppet, Big Red was its name, which was the mascot of a basketball team in America,” Ricci told Novella 2000. “The team is Western Kentucky University.”
Ricci said in an interview with the New York Times in February 2004 that he was joking about Big Red and didn’t know who he was until the Novella 2000 reporter showed him a picture.
Crossland Enterprises, which licenses Big Red’s image, filed a lawsuit for trademark and copyright infringement in February 2003.
There could be a ruling on the lawsuit in 2006, Crossland Enterprises President Steven Crossland said.
Davidoff said the plaintiffs are confident that the judge will rule in Western’s favor.
“We think that there clearly has been an infringement,” he said.
Crossland said Western and Crossland Enterprises still face a lot of significant challenges in the lawsuit since Mediaset is controlled by the Italian prime minister.
“Obviously we’re going against an 800-pound gorilla,” Crossland said.
But Crossland said the judge seems to be above political influence.
General Counsel Deborah Wilkins said she is confident in the judge, and the prime minister’s role in the lawsuit won’t have an effect in the suit.
“I’m comfortable that we will get a fair hearing in Italy,” she said.
Big Red was created in 1979 by Western student Ralph Carey, who is also involved in the lawsuit. President Gary Ransdell also participated in the mascot’s creation.
Reach Ashlee Clark at news@wkuherald.com.
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