Trademark Lawsuit For Using Kazoos To Quack Like A Duck
from the quack-quack dept
When this article in the ABA Journal started off by noting (accurately!) that the following story sounds like typical late-night fodder that makes lawyers look bad for filing frivolous lawsuits -- but then said "but the suit is anything but silly" -- I expected an article that would explain convincingly why a trademark lawsuit between two tourist tour operators that have passengers use kazoos to quack like a duck was not silly. But, I'm left scratching my head. I found the article via Eric Goldman, who notes that "I can't imagine this lawsuit has a good ROI."Here's the basic story. Apparently, there are some tour operations out there that involve amphibious truck/boats, that take tourists around different places both on land and in water. One company, Ride the Ducks, does this in various areas around the country, and has trademarked the sound of kazoos being used to quack like a duck -- which it asks passengers to play as the truck goes from land to water. Now it turns out, right nearby where I am, in San Francisco, there's a tour called Bay Quackers, that does something similar, also involving quacking kazoos. Ride the Ducks isn't happy and has sued Bay Quackers, saying that the specific quack of the kazoo is trademarked.
My first question is why Bay Quackers just doesn't get different kazoos. Well, actually, my first question is a slightly unprintable question about why tourists might ride amphibious boat/trucks while using kazoos to sound like ducks... but I figure that's a tangent. Either way, it's difficult to see what benefit there really is to this lawsuit, other than Ride the Ducks being pissed off that someone else is using their idea. But ideas aren't protectable, and competition is a good thing. So, we're left with a silly lawsuit about quacking kazoos that does, still, seem pretty frivolous.
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Filed Under: amphibious trucks, kazoos, quacking, tourism, trademark
Companies: bay quackers, ride the ducks
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Time to update an old saw...
Where are people this stipid and petty finding lawyers that are this stupid and petty?
Oooops. I think I just answered my own question.
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Re: Time to update an old saw...
does this apply to hunters that use duck calls?
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Re: Re: Time to update an old saw...
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Re: Re: Time to update an old saw...
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Re: Time to update an old saw...
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Re: Time to update an old saw...
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Re: Time to update an old saw...
I mean, that idea should totally belong to one company and be completely locked down. How could they neglect this? Every idea should be locked down: that's how innovation and progress works, right?
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I'll work on it.
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Re:
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Quack like a Douche
Now you have a solid and verifiable reason to NEVER EVEN THINK ABOUT going on one of those douchbag tours. You have to be old and half-retarded to get on one of those things and quack like a fucking duck.
Get a life, show some spirit, find a clue, and if you *have* to go on a tour - please, for the love of God and all that is holy - stay off the "Quack like a Douche" Tour.
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Why ducks do not fly upside down
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"Why ducks do not fly upside down"
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Of course they charge and extra $5 or so for the noise makers, which I don't remember thinking was worth it.
Trademarking quacking like a duck is bad, and I hope they lose their suit, or worse, attract Disney's attention.
This is along the lines of Texas A&M suing any football team for referring to their fans as the 12th man.
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Re:
12th man was actually a registered trademark that they used on licensed apparel, and was legitimately recognized by fans as an Aggie t-shirt. It's based on aggie history(?folklore) that when they were for some reason only able to field 10 players (was it illness, war, I don't remember) someone actually came down from the stands and was added to the roster.
Obviously current rules would not allow this, but that's the story. The point is that Aggie enthusiam is in fact manaically stupid, and they are proud of it, and it really is specific to their history, and is more than just a rowdy crowd.
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Bang!
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Sigh
Lets hope Daffy, Donald & Toilet Duck all get involved in this. They have substantial claim on prior art.
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a duck walks into a pharmacy...
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Re: a duck walks into a pharmacy...
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Re: Re: a duck walks into a pharmacy...
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nothing wrong with trademarking quacking
as for the stupidity of quacking, it's just like walmart. just because any of YOU hate walmart/quacking, doesn't mean everyone else does. if the company runs the stats and finds that ridership is up when they do quacking, who gives a shit whether any of you think kazoo quacking is stupid -- the market has spoken and you lost. you probably weren't going to go on the tour anyways.
nothing in any of the "arguments" above explain why this should not be trademarked... you're just spouting your usual anti-IP rhetoric. the only non-moronic commentary has been a single liner from goldman saying he can't imagine the ROI is good on this lawsuit. but without knowing the data on how well this quacking improves one's business, goldman's comment is a step up from speculation -- i only say a step up because goldman has extensive knowledge and training in IP law which allows him to form a much more valid and informed opinion than any of you random forumgoers.
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Re: nothing wrong with trademarking quacking #17
There is no example of prior art? Did this tour company invent the kazoo? Or the amphibious tour?
Kazoo-playing is INTELLECTUAL property? What level of intellect does it take to make a buzzing noise?
Trademarks are "supposed to be" non-functional? Please cite references, this is the sort of thing that should be easily verifiable.
And, if you really want to be taken seriously, sign up for an account.
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Re: Re: nothing wrong with trademarking quacking #17
as for my source on trademarks limited only to nonfunctional things, try the supreme court.
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Re: Re: Re: nothing wrong with trademarking quacking #17
As someone who knows a bit about people who come to this blog, I'd say that you are wrong. Plenty of attorneys and people who are knowledgeable in these areas of law come to this blog all the time.
But, you know... why let facts get in the way?
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Re: Re: Re: Re: Re: nothing wrong with trademarking quacking #17
"55 comments in this thread alone...how many were IP attorneys, or even non-IP attorneys? why let facts get in the way?"
You guys have a monopoly on facts now? Damn, you're arrogant! Can't I counter, since I'm an economist, that only economists can say what's right or wrong, and nobody else has a valid opinion? No, because I'm not an ass.
Gosh! You'd like lawyers to decide what's right or wrong about everything, no matter how mundane. It just shows the kind of world we'd have if lawyers were in charge. Thankfully, instead we have congresspeople! ;-(
Gotta run. I need to call my lawyer to ask what I should eat for dinner. God forbid I should make any decision without counsel.
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Re: Re: nothing wrong with trademarking quacking #17
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Re: nothing wrong with trademarking quacking
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Oiy
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It's called marketing Mike, an amazing concept. Oh yeah, they don't have to give away their rides for free either.
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Their lawyers...
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Oh, and I'll trademark whistling, and sue people who whistle.
Money time.
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Patent communication via phonetics
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Kazoo quackers
For stuff like this, they deserve to be made the butt of bad jokes.
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Lovin' the Quack
Riding those duck boats are a hoot, as long as you have a good attitude. Its a private business, making money providing a service people want.
If you don't like it, put on your Birkenstocks, grab your Fodor's guide and hump. I'll buy you a pint at the pub in the evening and we can have a lively conversation about the merits of entrepreneurship.
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I don't know what I've been told.......
The Air Force is safe, since they don't do squat. Except for the Paratroopers.
Then this Ride the Ducks group will swoop in and sue the Department of Defense as a whole due to the inclusion of the "Duck Walk" in the entrance physical.
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Re: I don't know what I've been told.......
Plus, trademark involves a trade. To win, you have to prove that your trade has been inhibited. Soldiers, Marines, etc. call cadence to keep everyone together and help keep motivation and morale up.
Finally, you're very U.S.-centric aren't you? People all over the world use marching and running cadences, especially in the military.
Really poor example.
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Re: Re: I don't know what I've been told.......
You're really making a habit of "debunking" people's posts that are just deliberate satire and exaggeration.
Get a sense of humor. You don't need to think it's funny (I don't), but at least you could detect that it's humor and lighten up.
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Smart!!!
Genius, actually.
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The land of the Free to Sue thy Neighbour
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Re: The land of the Free to Sue thy Neighbour
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Don't they HAVE to do something?
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Re: Don't they HAVE to do something?
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Re: Don't they HAVE to do something?
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The trademark's real all right
#75686528
"Description of Mark The mark consists of a quacking noise made by tour guides and tour participants by use of duck call devices throughout various portions of the tours"."
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The company is being lazy and using trademark to stifle competition much like other company's use IP to stifle competition rather than innovate. IP is great when it encourages innovation; otherwise, its a hinder to advancing our tech economy.
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NOT an issue EVEN IF the trademark is legit
Or maybe it IS reasonable to think that people who get their jollies by quackin' a kazoo wouldn't know SF from GA, I don't know.
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