[AKA2D '91]

Arrested Development's Name Claim
Fri Nov 7,12:30 AM ET Add Entertainment - E! Online to My Yahoo!


By Lia Haberman

Arrested Development is:


And the answer is to be determined in court.


Pioneering hip-hop ensemble Arrested Development has filed a trademark-infringement suit against Fox claiming ownership of the moniker, which the network is using for one of its new series.


Filed October 16 in Georgia's DeKalb County Superior Court, the suit claims that use of the name by Fox is "not only confusing to the public but also has the potential to significantly dilute what thename means to our fans."


In a statement, AD frontman Todd "Speech" Thomas added, "Fox has no more right to use Arrested Development for its show than a band would have to name itself after one of Fox's sitcoms."


In its defense, the network invoked its First Amendment right to use the title that it calls "a commonplace expression as well as an established psychological condition that reflect the central theme of the series," said a statement released on Wednesday.


Arrested Development "is wholly different from and has nothing whatsoever to do with the musicians using the same name," continued the statement.


Both parties are on a fact-finding mission before they present their arguments at a preliminary relief hearing.


Fox was involved in a similar source of litigation in the early '90s when the rock group Living Colour filed suit and ultimately settled its case against the network for use of their name for the show In Living Color.


Arrested Development, the series, comes from the brain trust of Ron Howard and Brian Grazer. The critically embraced dysfunctional family sitcom, which airs Sunday nights, stars Jason Bateman, Jeffrey Tambor and Portia de Rossi. The show debuted last week to 8 million viewers, making it Nielsens' 66th-ranked show.


Also named in the suit are Howard and Grazer's shingle, Imagine Films Entertainment Inc., and New World Communications of Atlanta Inc.


Arrested Development, the two-time Grammy winning collective, released the hugely successful debut album, 3 Years, 5 Months, and 2 Days in the Life Of, in 1992 with such socially conscious hit singles "Tennessee," "People Everyday" and "Mr. Wendal."


Follow-up albums failed to recapture the success of its first release and the group split up in 1995. Arrested Development reunited last year and is working on a new album, titled Among the Trees, scheduled for release in early 2004.