Overzealous Trademark Holder Tries To Stop Blogger From Using The Phrase 'Branded Community'

from the this-again? dept

Fri, Aug 1st 2008 6:11am — Mike Masnick

In a culture that has everyone thinking that you can "own" ideas, it's no surprise that we see such regular misuses of things like trademark law to pretend it conveys traditional property rights on the holder of the mark. As we've explained all too often, the purpose of a trademark is consumer protection -- to keep someone from being tricked into buying Bob's Cola, thinking that it's Coca Cola. However, with so many stories promoting "intellectual property" in the news these days, it's no surprise that some trademark holders think it gives them near total control over the mark.

Take this bizarre case as an example. A blogger on ZDNet had a post about "enterprise communities" where the phrase "branded community" was used. That's a descriptive use and a perfectly reasonable one. Yet, the owner of some marketing firm wrote a semi-threatening letter claiming to hold the trademark on "branded community" and demanding that the blogger "refrain from using the phrase in any other current or future materials."

Of course, that's a complete abuse of trademark law, which does not grant the holder the ability to prevent all usage of the phrase, only usage that might cause confusion with the goods or services related to the mark. Using it as a passing phrase in a blog post does no such thing -- but it already scared off the blogger, who changed the phrase in the original (though, thankfully, posted the threat letter with a detailed response). Either way, it's yet another sign of the times, when people start thinking that a trademark allows them to prevent people from using a perfectly normal descriptive phrase like "branded community."

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Filed Under: branded community, property rights, trademark

43 Comments

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hegemon13, 1 Aug 2008 @ 6:28am

Threat letter
Ooh, you used the phrase, too. Can't wait to see the letter posted here. Somehow, I don't think TD will bend so easily.
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LMAO, 1 Aug 2008 @ 6:34am

just . . . . LMAO
I dunno what else to say except . . . ROFLMAO . . . what a tool this guy is
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asdf, 1 Aug 2008 @ 7:05am

BRANDED COMMUNITY! BRANDED COMMUNITY! BRANDED COMMUNITY!

..when do i get my letter? All I ever get are bills.
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- Valkor, 1 Aug 2008 @ 12:57pm
  
  Re:
  Humperdinck, Humperdinck, Humperdinck!
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Your Gawd and Master, 1 Aug 2008 @ 7:15am

branded community
Branded communities suck. Branded community marketers suck. Branded community, branded community. The term "branded community" is *owned* by no one even if the trademark is.

So screw this guy:(REGISTRANT) Frankel, Robert S. INDIVIDUAL UNITED STATES 17645 Royce Drive Encino CALIFORNIA 91316
(from the USPTO website)

Oh, did I mention that I'd like to say "branded community"
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chris (profile), 1 Aug 2008 @ 7:22am

you used my tradmarks!!1!
i have trademarked the phrase "perfectly normal" and "descriptive phrase" and you should refrain from using them in this or any further blog postings or i will sue you back to the stone age.

sincerely,

chris sleazeball
president and CEO
perfectly normal descriptive phrases, inc.
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- jasmine, 1 Aug 2008 @ 8:55am
  
  Re: you used my tradmarks!!1!
  Dear Mr. Sleazeball:
  
  My client has requested that you kindly cease and desist being a moron. In other words, drop dead, Fred. And do not quote my client, because he long ago trademarked the phrase 'Drop Dead, Fred.'
  
  Sincerely,
  
  Sleazeball, Sleazeball, and Sleazeball, Attorneys At Law
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Just Stupid, 1 Aug 2008 @ 7:24am

Trade Mark
That's Hot, oh wait isn't that trademarked???
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Truthbringer, 1 Aug 2008 @ 7:30am

Reminds me of FOXNEWS
Reminds me of When FOXNEWS sued Al Franken for using the term "fair and balanced" . . . LMAO what a bunch of morons . . . from Roger Ailes on down, GOP morons LMAO.
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- Greg, 1 Aug 2008 @ 10:19am
  
  Re: Reminds me of FOXNEWS
  GOP morons? you're the moron for calling FoxNews GOP morons. Fox suing them over a phrase makes THEM morons, not the GOP, dumbass. See how moronic Liberals are?
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  - Anonymous Coward, 4 Aug 2008 @ 4:31am
    
    Re: Re: Reminds me of FOXNEWS
    http://en.wikipedia.org/wiki/Roger_Ailes
    
    FOXNEWS is the GOP there is no difference . . .
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Anonymous Coward, 1 Aug 2008 @ 7:41am

Results 1 - 10 of about 11,500 for "branded community"

That's a hell of a lot of cease and desist letters to send.
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Anonymous Coward, 1 Aug 2008 @ 7:48am

Only in America.
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Anonymous Coward, 1 Aug 2008 @ 8:05am

Headline should read: "Overzealous Blogger Provides No Legal Evidence As To Why It Is Trademark Abuse."
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- ehrichweiss, 1 Aug 2008 @ 10:13am
  
  Re:
  Headline should read: "Overzealous Blog Commenter Provides No Legal Evidence As To Why It Is NOT Trademark Abuse."
  
  FTFY!
  
  Now to address your myopia. A trademark only applies in the field in which it is registered(though the scope of trademarks does expand such as when Coca-Cola started a line of clothing). A trademark dilution only applies if the term is used in that field. So if I started a shoe company and called it "Intel", despite the fact that there is a microprocessor company called Intel, they would have little recourse here in America since I'm not selling CPUs. But if I put a single flashing LED on those shoes, then they could begin to build a case against me.
  
  However there is NOTHING wrong with using a trademark in passing. Or do you think that Coca-Cola and Pepsi have actually *asked* each other for permission to use their trademarks in commercials where they say "Pepsi beat Coca-Cola 2 to 1 in taste tests" or "Coca-Cola beat Pepsi in blind taste tests"? If so, you're much more naive than you are aware.
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Shohat, 1 Aug 2008 @ 8:12am

Shohat owns a Branded Community
Branded Community - For Pedophiles , by Pedophiles

Branded Community Gay Sex Scandal.

Branded Community kills Retarded kid with a broken lawn chair.

Branded Community - Fraud.

Branded Community Lesbian Conspiracy.

Robert S.Frankel, Rob Frenkel, Branded Community, Robert Frankel

...Hope Mike did his SEO.
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Anonymous Coward, 1 Aug 2008 @ 8:23am

I think we should dilute his tradmark by using "branded community" in every comment on every tech dirt article from now on, lets get that Google hit rate up to hundreds of thousands. And then I say someone should tradmark the guy's name and then threaten to sue him everytime he uses it.
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- ehrichweiss, 1 Aug 2008 @ 10:19am
  
  Re:
  Thing is, he'll have a HARD time proving trademark dilution since in 2006 they tweaked the rules a bit where one would only have to prove that it was likely that trademark dilution could occur but then they make it more difficult to claim that because they narrowed the "Universe" of marks by making it a requirement that the trademark be a nationally recognized mark to qualify for protection. Since I'd never heard of branded community as a phrase before now, he's gonna have a long hill to climb after some of the people here are done with him.
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Anonymous Coward, 1 Aug 2008 @ 8:38am

I want a letter because I have said the word branded community in this comment box! BRANDED COMMUNITY :D

I want you all to stop using the word trademark as I have a trademark on that word!
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jasmine, 1 Aug 2008 @ 8:52am

� � �
Branded Community� of Fageles Branded Community� - Men Who Love Kangaroos, And The Kangaroos Who Love Them Branded Community� - Forbidden Love: Cats and Dogs Together!!!! Puppy Love in a Branded Community� Like You've Never Seen Before!!!! A Branded Community� Of Topless Doggies and Naked Kitties!!!!
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jasmine, 1 Aug 2008 @ 8:53am

F-- it worked on the preview but then the actual posting diluted my use of the copyright symbol. Bah humbug.
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Luc Boardwalk, 1 Aug 2008 @ 8:56am

Wait!
Are we talking about a genuine Robert S. Frankel branded community? Or a cheap imitation knockoff branded community?

I'm confused!
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- Lucky Kanga, 1 Aug 2008 @ 9:00am
  
  Re: Wait!
  The men loving kangaroos branded community is a genuine Frankel branded community. In the future, Mr. Luc Boardwalk (if that is even your real name), please refrain from unnecessary sarcasm when referring to my client's trademark on the phrase branded community.
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BlowURmindBowel, 1 Aug 2008 @ 9:00am

In the gutter per as usual
I read the post and somehow (I know this is a stretch), I thought of a sadist nudist colony where people routinely engaged in applying cattle brands to one another...

HOT BDSM BRANDED COMMUNITY NAKED OUTDOOR SEX ABUSE!!!
HOT BDSM BRANDED COMMUNITY NAKED OUTDOOR SEX ABUSE!!!
HOT BDSM BRANDED COMMUNITY NAKED OUTDOOR SEX ABUSE!!!

Think that will get me a letter?
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- Okeefinokee, 1 Aug 2008 @ 9:06am
  
  Re: In the gutter per as usual
  I would say that you have grounds for appeal once you're convicted for abusing trademarks. However, please be advised of the lifetime requirement in place for registry of trademark abusers. As a member of said registry, you will be required to register with your local police department as well as stay at least 1500 feet away from a moron named: (REGISTRANT) Frankel, Robert S. INDIVIDUAL UNITED STATES 17645 Royce Drive Encino CALIFORNIA 91316(from the USPTO website). Mr. Frankel is the victim you were convicted of abusing by your repeated taunting outside the gates of his branded community.
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wasnt me!, 1 Aug 2008 @ 9:00am

i just did a search on google for branded community got 9,740,000 sites.

lets gang up and each of us trademark 1 letter of the alphabet.

by the looks of this we might actually get approved
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BlowURmindBowel, 1 Aug 2008 @ 9:02am

oh and BTW
Oh and BTW this thread is now the 3rd result for "Branded Community" on Google. Take that Trademark Abusing ass-clown!

Interwebs! AWAY!!!
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- slimcat (profile), 1 Aug 2008 @ 9:32am
  
  google bomb
  Good! All we have to do now is associate "Branded Community" with goatse.
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Anonymous Coward, 1 Aug 2008 @ 9:03am

Well, looks like he's been branded now, wonder how he likes that?
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Anonymous Coward, 1 Aug 2008 @ 9:06am

BRANDED COMMUNITY
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Lucky Lindy, 1 Aug 2008 @ 9:14am

Read the faq uneducated morons
If you have any questions for Mr. Frankel, he can be reached at the following phone number. You may have more questions about i-legions. Please feel free to call 818-990-8623 Pacific Time.

http://www.frankel-anderson.com/ilegions/faqs.html
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Sara, 1 Aug 2008 @ 9:25am

I think I have crossed the line, I am now officially "crazy". I have reached the point where I just find this hilarious! Watching these 'tards run around like a bunch of chickens. I think its about time evolution take it up to the next level. Stick that in your "BRANDED COMMUNITY".

Sara
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Benjamin Wright, 1 Aug 2008 @ 9:37am

Trade secret law on web
The owner of a web site might post terms of access that include non-disclosure language to prevent unauthorized viewers from using trade secrets on the site. This idea is not legal advice, just something to think about. --Ben http://hack-igations.blogspot.com/2008/03/trade-secret-web-terms.html
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Anonymous Coward, 1 Aug 2008 @ 9:38am

Trademarking extisting words
Eye remember when 'ntel tr*ed . . . er . . . attempted to trademark the letter that comes after "h" 'n the alphabet. That would have been a publ'sh'ng nyghtmare.
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Amazing Steve, 1 Aug 2008 @ 9:49am

Dear "Owner of some marketing firm"

In response to your letter of this week, umm go fuck yourself. Have your lawyer contact us so that I can relay same. Now have a seat and put your helmet back on before you hurt yourself.

Fuck you very much,
Your worst nightmare.
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- McA, 1 Aug 2008 @ 10:43am
  
  Re:
  Best letter EVER
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Branded Community, 1 Aug 2008 @ 9:59am

Branded Community
Branded Community FTW
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Tony, 1 Aug 2008 @ 10:10am

The problem
"...it already scared off the blogger, who changed the phrase in the original"

And here is the problem. Not just with this abuse of trademark law, but with the RIAA's abuse, DMCA abuses, and so on. These people are, quite simply, bullies. They use intimidation tactics to get people to give in without a fight.

Until and unless a large portion of people on the receiving end of this start fighting back, the abuses will continue.

Sadly, I just don't see that happening.
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I'm Robert S. Frankel Bitch!, 1 Aug 2008 @ 10:15am

Cease and Desist!
Cease and Desist letters are pending for all of you who used the trademarked term "Branded Community", I am also preparing to file for a court order to compel techdirt to turn over user/ip records so I may pursue the aforementioned cease and desist letters as well as several libel suits I am preparing.

Finally, I am going to put flaming bags of dog poop on all of your front porches, and pee in your bushes!

Love,
Dick Frank
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Greg, 1 Aug 2008 @ 10:40am

oh i get it
I'll bet anyone a burger and fries that the original to his form was done in a conf room filled with people who frequently use the words synergy and paradigm shift. (and likely the Dilbert mission statement generator)

Wait til he tries to flex his paltry legal muscle onto a real branded community like WoW and the like.
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Mike Allen, 1 Aug 2008 @ 10:59am

what
This is rather like NFL trying to copyright numbers 19-0 or something. WTF is a Branded Community i live in a community we arnt Branded jus a community. but its just words dont mean anything this guy is a idiot. From a Un-Branded Community.
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John Duncan Yoyo, 2 Aug 2008 @ 5:05am

Cattle Live in a Branded Community
Given the prior art of hundreds of old Western Movies it is obvious that Cattle, Horses and other Livestock lived in Branded Communities before the turn of the last century.

Just be glad current day HOAs haven't come across this idea sooner. Buy home in the Twin Pines estates and get a hot iron on your fannie. Move frequently and look like a burn victim.
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Dean Landolt, 4 Aug 2008 @ 12:34pm

streisand
Come on Mike, how could you fall for this... You said it yourself: "the owner of some marketing firm" -- this is a pretty clear streisand ploy in action. One hopes.
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