Little Trees Air Freshener Company Ads Warn People Not To Mess With Its Trademark
from the seems-a-bit-proactive dept
We've seen a variety of overly aggressive actions concerning trademarks lately that go well beyond the stated purpose (and the letter of the law) concerning trademarks. However, one of our readers, BendWeather, sent in something we hadn't seen before. He was reading the latest (paper) copy of PhotoShop User Magazine and discovered the following advertisement:That is not true. The law requires that a trademark holder actively police infringement on its trademarks and activity that would likely cause confusion or dilution of the trademark. That does not mean any use that is without permission. For example, in writing this post about Little Trees' trademark policy we did not ask permission, nor should we need it, since we are commenting on the policy itself. We are not competing with the company, confusing anyone as to the origins of the mark, or diluting the value of the mark, unless you consider explaining how the company is overly stating the rights associated with the mark as diminishing its value (which would be quite the legal argument).
Also, in looking at the ad, the company is being somewhat misleading in claiming that the image is "private property." It is not. It is covered by trademark, which is not the same thing as private property, and the company is doing a disservice to everyone claiming that they are the same thing.
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Filed Under: advertising, air freshener, trademark
Companies: little trees
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Big Ass
It is probably an attempt at free advertising
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see the forest thru the trees
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It's inevitable now...
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Re:
Sorry.
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Well actually...
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Your in big trouble
We can fight this out in a long protracted legal battle, or you can just settle NOW.
Please make your check payable to Litte Tree Legal Services. You pick the amount and we will let you know if we are insulted.
-The Legal Mafia
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Re: Your in big trouble
I'm an enforcer for the Really Big Tree Enforcement Agency and we are notifying that you are in violation of our property (which is whatever we say it is) rights. Scrape together as much $$ as you can, anything over 7 figures, and if we accept it, we won't break your legs and leave you in a dumpster. Then, send send the same amount every week in perpetuity, or else...
-Big Tree Enforcement
P.S. Uncle Guido says hi to Vinnie and to tell him that his cousin Frankie is looking for him - he better be scarce for awhile.
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Morons
Little Trees couldn't possibly sue as there is no way in hell someone would get confused between the difference of a pillow, and a fookin tree.
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but I don't see how that is detrimental to the business of selling Air Fresheners.
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No surprise here, just trademark owners going about their business
No surprise here, just trademark owners going about their business .. if inarticulately (hey, they make stinkin' flat pine tree car ornaments, after all - and only for a buck!)
Opening post:
"... a misstatement of trademark law... as is the information on Little Trees' own web page about its trademark, where the company incorrectly claims that "the law requires that we take action when someone is using them without permission." ..."
"... That is not true. The law requires that a trademark holder actively police infringement on its trademarks and activity that would likely cause confusion or dilution of the trademark ..."
BOTH WRONG!
The "law" does not "require" ANYTHING!
However, as stated, precedent seems to show that registered trademark holders get better protection in court and in actions at the US Trademark Office when they can show that they have been aggressively acting to prevent their trademark from becoming generic or "diluted".
Since Photoshop users tend to be a funnel where familiar images of trademarks get played with, it makes absolute sense for trademark owners to jump into Photoshop user's faces and say,
"Hey, create your own stuff, this is ours!"
You think this is bad? You think this is inarticulate misunderstanding of trademark law and intellectual property law (not "private" property law - geesh!), read some public documents from supposedly in-the-know trademark lawyers themselves!
Hahahahahahah!
.
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Re: No surprise here, just trademark owners going about their business
- viva los usuarios del photoshop de los pequeños árboles
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In the spirit of levity...
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Little Trees trademark
It is very unfortunate that sometimes well-heeled lobbyists or companies do get law enforcement involved - that is a severe distortion of the law, IMO.
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The law isn't so Simple...it's just twisted by the attorneys for and against
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Re: The law isn't so Simple...it's just twisted by the attorneys for and against
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Re: The law isn't so Simple...it's just twisted by the attorneys for and against
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Law requires vs Law allows
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Dufus companies
Their understanding of Trademark law and infringement has been damaged by the odor of their inventory. Its amazing how much damage can be done to mental capacity by disgustng overpowering odiforous chemical compounds.
Keep your little trashy trees you crap mongers. Its suprising that you haven't trademarked them as vacuum cleaners, after all, they really SUCK.
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It's not just a cute little ad...
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My air Freshiner ain't mine?
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BOYCOTT
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Uh - oh
Damnit
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OH No
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Re: OH No
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Icons
Repo Man. Damn you, Little Trees!
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Unregistered trademarks? Surely a non sequitur.
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Little Trees, Se7en?
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You're inserting claims where none exist
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have been for months
We all love the little trees--don't lie.
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They have to make money somehow
More funny than that is they encourage all employees to turn in any "sightings" of trees in any media so that their Legal team can see if it is licensed or not.
Even more funny than that is in return. the employee who reports the "sighting" can get a coupon for a free lunch at their god-forsaken cafeteria.
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hi
Am Mark May and i want to buy some Air Fresheners, i want you to email me with the types you have as well as the flavor you have.
Thank you
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Little Trees
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Chinese
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