...consider that organizations can lose their trademarks if they don't actively defend them against even vague and doubtful potential infringements. If they let this case slip without issuing a token C&D, it could be cited later by an actual competitor as grounds for permitting their own infringement.
That's not to say that the law isn't stupid, but the proper target for complaints about the stupidity of the law is your local congresscritter, not the lawyers who are just dealing with the laws as they are
/////.not the lawyers who are just dealing with the laws as they are.
Pardon me, but this is clearly parody. The lawyers ALREADY HAVE LAWS TO TELL THEM TO RESPECT PARODY. They chose to ignore them.
Not only is this a parody, its not even a real product, and the phrase is not the same phrase as "the other white meat."
Playing up the "We're just following the law, ma'am and are powerless to think for ourselves" card is a unconvincing excuse. that empowers organizations like SCO.
Lastly, pork is far from the 'other white meat'. Compared to chicken or turkey its incredibly unhealthy.
Except that " the other white meat(tm)" is a trademarked phrase not a copyrighted phrase so I don't think that parody is a defense, additionally Trademarks are protect it or lose it, so the lawyers really had no choice no matter how ridiculous the infringement was.
What exactly is confusing the potential consumer in this case? How can he be tricked into buying a fictional product? Its ridiculous to keep defending this action.
Except for the fact that there was NO INFRINGEMENT. Once again, the trademarked phrase was never actually used by ThinkGeek, and the only thing (at least) the first page of the C&D stated as far as actual infringement was on the part of other parties using it while referencing Unicorn Meat, which isn't ThinkGeek's liability.
I am not a lawyer, however, just an entertained American with common sense, which I understand has no place in the court room.
You can't take parody into account with trademarks. It's a touchy subject and you have to send out the C&D even if it is parody for no other than if you don't, then someone else can say, "In this example, they let it slide, therefore they failed to defend their trademark."
By sending the C&D the council covers their ass for the next attempt to infringe on the trademark.
It's a touchy subject and you have to send out the C&D even if it is parody for no other than if you don't, then someone else can say, "In this example, they let it slide, therefore they failed to defend their trademark."
NO. There is no requirement to be an asshole about a trademark. The phrase is 'defend the trademark' not 'be an asshole sending out hollow legal threats without thinking about it.' If they feel they must do something, they can simply say "we happen to have a similar trademark, we ch
Lastly, pork is far from the 'other white meat'. Compared to chicken or turkey its incredibly unhealthy.
From the couple of searches I did, pork is (recently at least) very close to chicken and also has other nutrients in addition:
FOR YEARS CHICKEN has been the white meat preferred by Americans--and for good reason: It's naturally low in fat, fairly tasty (what doesn't it taste like?) and a good source of vitamins and minerals. But a study by Duke University showed that lean pork could be just as effective as chicken in helping to lower LDL ("bad") cholesterol--that's the bad stuff, y'all.
How exactly does pork hold its own on the pollo grounds? Mainly because one-third of its saturated fat comes from stearic acid, which does not contribute to increased bad cholesterol levels. But pork is also low in sodium and a good source of potassium, iron, magnesium, zinc, riboflavin, and vitamins B12 and B6.
Pork also packs a significant amount of nutrients in every lean portion. A 3-ounce serving of pork tenderloin is an "excellent" source of protein, thiamin, vitamin B6, phosphorus and niacin, and a "good" source of riboflavin, potassium and zinc, yet contributes only 6 percent of the calories to a 2,000-calorie diet.
Before having a knee-jerk anti-lawyer moment... (Score:5, Informative)
...consider that organizations can lose their trademarks if they don't actively defend them against even vague and doubtful potential infringements. If they let this case slip without issuing a token C&D, it could be cited later by an actual competitor as grounds for permitting their own infringement.
That's not to say that the law isn't stupid, but the proper target for complaints about the stupidity of the law is your local congresscritter, not the lawyers who are just dealing with the laws as they are
Re:Before having a knee-jerk anti-lawyer moment... (Score:5, Insightful)
/////.not the lawyers who are just dealing with the laws as they are.
Pardon me, but this is clearly parody. The lawyers ALREADY HAVE LAWS TO TELL THEM TO RESPECT PARODY. They chose to ignore them.
Not only is this a parody, its not even a real product, and the phrase is not the same phrase as "the other white meat."
Playing up the "We're just following the law, ma'am and are powerless to think for ourselves" card is a unconvincing excuse. that empowers organizations like SCO.
Lastly, pork is far from the 'other white meat'. Compared to chicken or turkey its incredibly unhealthy.
Re: (Score:3, Insightful)
Except that " the other white meat(tm)" is a trademarked phrase not a copyrighted phrase so I don't think that parody is a defense, additionally Trademarks are protect it or lose it, so the lawyers really had no choice no matter how ridiculous the infringement was.
Re: (Score:2)
What exactly is confusing the potential consumer in this case? How can he be tricked into buying a fictional product? Its ridiculous to keep defending this action.
Re: (Score:1)
Except for the fact that there was NO INFRINGEMENT. Once again, the trademarked phrase was never actually used by ThinkGeek, and the only thing (at least) the first page of the C&D stated as far as actual infringement was on the part of other parties using it while referencing Unicorn Meat, which isn't ThinkGeek's liability.
I am not a lawyer, however, just an entertained American with common sense, which I understand has no place in the court room.
Re: (Score:2)
You can't take parody into account with trademarks. It's a touchy subject and you have to send out the C&D even if it is parody for no other than if you don't, then someone else can say, "In this example, they let it slide, therefore they failed to defend their trademark."
By sending the C&D the council covers their ass for the next attempt to infringe on the trademark.
Re: (Score:2)
NO. There is no requirement to be an asshole about a trademark. The phrase is 'defend the trademark' not 'be an asshole sending out hollow legal threats without thinking about it.' If they feel they must do something, they can simply say "we happen to have a similar trademark, we ch
Re: (Score:3, Funny)
Contrary to some popular opinions, The Pork Board is not nearly as humorous entity as some are made to believe it is.
Re: (Score:1)
Thanks.
Re: (Score:2)
"Bay-beh, it's the other, other white meat!"
Re: (Score:2, Informative)
Linden labs sent a "permit and proceed" letter to getafirstlife.com. So there are alternatives you can use regarding trademarks and parody sites.
Re: (Score:3, Informative)
Lastly, pork is far from the 'other white meat'. Compared to chicken or turkey its incredibly unhealthy.
From the couple of searches I did, pork is (recently at least) very close to chicken and also has other nutrients in addition:
FOR YEARS CHICKEN has been the white meat preferred by Americans--and for good reason: It's naturally low in fat, fairly tasty (what doesn't it taste like?) and a good source of vitamins and minerals. But a study by Duke University showed that lean pork could be just as effective as chicken in helping to lower LDL ("bad") cholesterol--that's the bad stuff, y'all.
http://findarticles.com/p/articles/mi_m1608/is_8_19/ai_105853400/ [findarticles.com]
How exactly does pork hold its own on the pollo grounds? Mainly because one-third of its saturated fat comes from stearic acid, which does not contribute to increased bad cholesterol levels. But pork is also low in sodium and a good source of potassium, iron, magnesium, zinc, riboflavin, and vitamins B12 and B6.
Pork also packs a significant amount of nutrients in every lean portion. A 3-ounce serving of pork tenderloin is an "excellent" source of protein, thiamin, vitamin B6, phosphorus and niacin, and a "good" source of riboflavin, potassium and zinc, yet contributes only 6 percent of the calories to a 2,000-calorie diet.
http://www.medicalnewstoday.com/articles/46034.php [medicalnewstoday.com]