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mcherm : trademarkabuse   43

Banksy's Fake Store Is An Attempt To Abuse Trademark Law To Avoid Copyright Law | Techdirt
He wants people to stop copying his graffiti works. But copyright law would require him to reveal his identity. So he is attempting to use trademark law instead.
law  ip-law  copyright  trademark  trademarkabuse  via:Techdirt  techdirt 
october 2019 by mcherm
Ohio State seeks to trademark the word 'The'
Um... apparently at least some lawyers think you can actually trademark the word "The".
law  ip-law  trademark  trademarkabuse  via:reddit 
august 2019 by mcherm
Adidas Can't Trademark 'Adizero' Because A Small Chicago Church Sold Two 'Add A Zero' Hats To Someone In Wisconsin | Techdirt
Appeals court rules selling two hats counts as "use in commerce" and also that trademarks that sound similar are enough to block a new trademark.
law  ip-law  trademark  trademarkabuse  techdirt  via:Techdirt 
november 2016 by mcherm
Boise State Somehow Got A Trademark On Non-Green Athletic Fields | Techdirt
A trademark on a blue field is reasonable; a trademark on non-green fields isn't (in my opinion).
law  ip-law  trademark  trademarkabuse  via:Techdirt  techdirt 
september 2016 by mcherm
Citigroup trademarks “THANKYOU” and sues AT&T for thanking clients | Ars Technica
"THANKYOU" is trademarked, so someone else shouldn't be allowed to use "THANKS". This is not what trademark law is intended for.
law  ip-law  trademark  trademarkabuse  ArsTechnica  via:ArsTechnica 
june 2016 by mcherm
Earnhardt Family Fighting Over Whether One Earnhardt Son Can Use His Own Last Name | Techdirt
How's this for trademark abuse? After Dale's death, his wife is trying to prohibit Dale's son from using his own last name in a completely different industry.
law  ip-law  trademark  trademarkabuse  techdirt 
may 2016 by mcherm
Ex-Game Maker Atari To Argue To The US PTO That Only It Can Make 'Haunted House' Games | Techdirt
In 1982 they made a video game "Haunted House". In 2010 they applied for a trademark on it. Now they want to control the use of those words in all video games.
techdirt  via:boingboing  law  ip-law  trademark  trademarkabuse 
april 2016 by mcherm
Rage Against The Convoluted 'Rage' Trademark Dispute | Techdirt
The big company trademarked the word AFTER the small company released their much more successful product, then used the trademark to prevent porting to another platform.
law  ip-law  trademark  trademarkabuse  techdirt  via:Techdirt 
march 2016 by mcherm
Sorry Ms. Jackson… | Transparency Report
Clever legal retort by WordPress to a takedown notice from the lawyers for Janet Jackson. They didn't take it down.
copyright  copyrightabuse  DMCA  trademark  trademarkabuse  via:ArsTechnica 
july 2015 by mcherm
Facebook Going After Designbook Because All The Books Are Belong To Them | Techdirt
Facebook has decided that they want a trademark on all words of the form "*book". The trademark office won't issue a trademark on that (too general) and so they simply declared that they have an unregistered trademark and they aggressively sue over it. Interestingly, they also put a clause in Facebook's T&Cs saying you agree that they have the trademark.
law  ip-law  trademark  trademarkabuse  facebook  contractlaw  techdirt  via:Techdirt 
june 2015 by mcherm
1000-Year-Old Village Told To Stop Using Name Because Of Trademark Claim From Hotel Chain Founded There | Techdirt
Named after the village, the hotel chain sent a cease-and-desist letter to the village association for using the name. When it was pointed out, they backed off immediately.
law  ip-law  trademark  trademarkabuse  techdirt  via:Techdirt 
may 2015 by mcherm
MLB Claims That Finance Company's 'W' Logo Violates 2 MLB Teams' Trademarks | Techdirt
First, don't just have a letter as a trademark. Secondly, don't sue someone in a different industry.
techdirt  via:Techdirt  law  ip-law  trademark  trademarkabuse 
february 2015 by mcherm
The MPAA Forces Craft Brewer To Abandon Its 'Rated R' Beer Brand | Techdirt
A beer named "Rated R" must be renamed because of a trademark on movie ratings. No, they're not in the same industry, but legal THREATS cost so much that it's not worth it to fight.
law  ip-law  trademark  trademarkabuse 
january 2015 by mcherm
How Honda Stole Helpful
A trademark on the word "helpful" with regard to car and truck sales. Really?
law  ip-law  trademark  trademarkabuse 
april 2014 by mcherm
Hanes Hummus' Lawyer Pens Biting Rebuttal in Response to Hanes Brands' Cease and Desist Letter - ABC News
"I was not aware that [Hanes brand] T-shirts were edible, made with chick peas, lemon or garlic". Hummus maker sued for trademark violation. Commentators agree he has the right of it but will lose due to not having as much money.
law  ip-law  trademark  trademarkabuse  via:boingboing 
december 2013 by mcherm
When Trademark Bullying Gets Expensive (CL&P Blog)
They engaged in trademark bullying, but then wound up having to pay the defending team's legal fees (half a million dollars).
law  ip-law  trademark  trademarkabuse  via:CL&P 
october 2013 by mcherm
Trademark Bully Jenzabar Ordered To Pay $500,000 In Attorney Fees Over Its Unrelenting Attack On Documentary Filmmakers | Techdirt
When defamation didn't work (because the statements were true) they tried using trademark law (and a very expensive court case) to silence their critic. It failed, and they were charged for the costs of the defense.
law  ip-law  trademark  trademarkabuse  via:Techdirt  techdirt 
october 2013 by mcherm
Hacker Scouts and the BSA | Hacker Scouts
The Boy Scouts got upset about a group trying to call themselves the "Hacker Scouts" on the grounds that anything called "___ Scouts" was a violation of their congressionally-granted charter.
BoyScouts  trademark  trademarkabuse  ip-law  law  via:boingboing 
august 2013 by mcherm
New York Continues Its Trademark Bullying Ways: Threatens Coffee Shop With Bogus Threats | Techdirt
The state of NY is suing a coffee shop for "I [coffee] NY" because it's too similar to "I [heart] NY". Stupid.
law  ip-law  trademark  trademarkabuse 
june 2013 by mcherm
Trademarks: the good, the bad and the ugly | Cory Doctorow | Technology |
Trademark law is intended to protect consumers from fraud by allowing a company to sue on their behalf when marks are used in a misleading way. Some companies bully everyone who uses a word, that is not in the public interest.
law  trademark  trademarkabuse  ip-law  CoryDoctorow  via:CoryDoctorow 
may 2013 by mcherm
In the Future, All Space Marines Will Be Warhammer 40K Space Marines | MCAH Online
Games Workshop (which makes Warhammer 40K) claims a trademark on all uses of "space marine" and are successfully pressuring Amazon to drop some books that use the term. The costs of responding in court are too great for the person to respond legally.
law  ip-law  trademark  trademarkabuse  via:boingboing 
february 2013 by mcherm
Brand Name Weenies: It’s Time to Stand Up to the NFL and Call It the Superbowl (CL&P Blog)
"Superbowl". There, I said it. And the NFL may sue me for violating their trademark, but doing so wouldn't be a correct use of trademark law. (But I would probably cave due to the cost of a lawsuit.)
law  ip-law  trademark  trademarkabuse 
february 2012 by mcherm
What Happens When A Reasonable Developer Runs Into Aggressive Trademark Lawyers?
A reasoned evaluation of a reasonable person making a reasonable response and getting nasty trademark lawyer threats in response.
via:HackerNews  law  ip-law  trademark  trademarkabuse 
august 2011 by mcherm
Blue Cross / Blue Shield Objects to Having Its "Name and Brand" Identified in Study Without Its Permission
Blue Cross doesn’t want people saying bad things about it (not even reported in a scientific study) and they threaten to use their trademark to enforce that. (Which doesn’t work, legally, but the threat is still valid.)
law  ip-law  trademark  trademarkabuse  censorship 
august 2011 by mcherm
New York Stock Exchange claims you can't show pictures of it without permission - Boing Boing
NYSE says they've trademarked their trading floor so no one can use pictures of it to illustrate news articles.
via:boingboing  law  ip-law  trademark  trademarkabuse 
may 2011 by mcherm - Facebook Plans to Trademark the Word 'Face'
trademark granted it for the word "face" on the internet except related to cars
law  ip-law  trademark  trademarkabuse 
november 2010 by mcherm
Man Trademarks 'Welcome To Parry Sound,' Demands Money From Parry Sound Organizations | Techdirt
Techdirt points out that people are thinking of various kinds of IP as property more and more. In this example, a trademark holder tried suing everyone who used the phrase, even as a normal greeting.
law  ip-law  trademark  trademarkabuse  techdirt  via:Techdirt 
august 2010 by mcherm
Domain Bullying » The Volokh Conspiracy
Trademark law used to try to suppress criticism. Apparently this is somewhat common.
ip-law  law  trademark  trademarkabuse  via:Techdirt 
october 2009 by mcherm

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