Pirate Bay Typo Squatter Applies For US Trademark On Pirate Bay As Well
from the use-in-commerce? dept
It should be no surprise that various malicious typo squatters have targeted The Pirate Bay with fake sites that try to install malware, however Torrentfreak looked a bit deeper and found that one of the typo squatters, a company called BladeBook, appears to be trying to trademark the actual name, as well. Apparently, BladeBook's Craig Pratka first filed for the trademark the same day that it was announced that The Pirate Bay had been sold to GGF, a deal that eventually fell apart (as did the initial trademark application).However, the guy appears to have refiled a trademark application on "Pirate Bay" and "Pirates Bay" earlier this year, describing the business as:
Provision of telecommunications access and links to computer databases, computer networks and the Internet, namely, providing users online access via a website to third party websites featuring downloadable audio-visual media content in the nature of full-length, partial-length, and clips from motion pictures, television programming, sports events, videos, music videos, music, and interactive games. FIRST USE: 20020611. FIRST USE IN COMMERCE: 20070111This isn't the first time this has happened of course. Last year we wrote about someone else trying to trademark the logo. And while some who don't understand trademark law think that this is "fair game," considering the amount of unauthorized file sharing facilitated by The Pirate Bay, that misses the point. The folks behind The Pirate Bay have never had any problem with people using their logo or name or anything. What they do have a problem with is someone trying to lock it up so that others can't use it. That seems entirely consistent. Also, since trademarks are an entirely different type of law from copyrights, the comparison doesn't fully work either, since trademarks are supposed to be about preventing consumer confusion.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: trademark, typosquatter
Companies: the pirate bay
Reader Comments
Subscribe: RSS
View by: Time | Thread
Outside the law...
The Pirate Bay has no problem whatsoever ignoring the wishes of content creators and artists and publishers, nor with ignoring international law. But now someone is doing something that THEY don't like, against their wishes...
(LOL)
Sorry. Forgive me for not having much sympathy, but why should they expect protection in one area of IP and Trademark law while they persist in violating all of the others everywhere else?
[ link to this | view in chronology ]
Re: Outside the law...
Do you think that because you don't care about speeding laws, it is fair game that a murderer breaks into your house and shoots your children?
[ link to this | view in chronology ]
Re: Outside the law...
Reading comprehension fail.
(1) They're not expecting protection. They're saying someone else shouldn't get false protection.
(2) As explained, trademark should not even be considered "IP" because it is entirely different than copyright.
All of that is in the post.
[ link to this | view in chronology ]
Re: Outside the law...
It's not as though Pirate Bay tries to claim ownership of the infringing content that is tracked by their site, or stop people from finding it elsewhere. Then this would be hypocrisy.
[ link to this | view in chronology ]
Re: Re: Outside the law...
I wish to eat a sandwich, but I don't wish for people to step on my foot. I guess I'm an hypocrite. I should either wish everything, or not wish for everything.
[ link to this | view in chronology ]
Re: Re: Re: Outside the law...
[ link to this | view in chronology ]
Re: Re: Re: Outside the law...
You need to stop having your shots of jack with your sandwich.
[ link to this | view in chronology ]
Re: Outside the law...
{'announce': 'http://bttracker.debian.org:6969/announce'
'info': {'name': 'debian-503-amd64-CD-1.iso',
'piece length': 262144,
'length': 678301696',
'pieces': '841ae846bc5b6d7bd6e9aa3dd9e551559c82abc1 ... d14f1631d776008f83772ee170c42411618190a4'
}
}
So with that said and now that I have posted a valid hash does this now make techdirt a distro site for Debian?
[ link to this | view in chronology ]
Re: Re: Outside the law...
Funny that.
[ link to this | view in chronology ]
Re: Re: Re: Outside the law...
You know and I know that the "not actually serving files" argument is the thinest tissue paper defense possible. They themselves grin and laugh and thumb their noses at the authorities every time they say so.
It's as if I started handing out bats, clubs, and bricks to members of a mob, all while saying, "I'm not telling you to actually use these, you understand..."
And, for what it's worth, I was out the entire weekend, helping a friend's kid move into college for a semester. I'm sorry I was out having a life, and not here defending myself from your personal attacks.
[ link to this | view in chronology ]
Re: Re: Re: Re: Outside the law...
No, you shouldn't have "perhaps" said that.
You still need to read the rest of the article where it says they aren't expecting Trademark Protection.
[ link to this | view in chronology ]
Re: Re: Re: Re: Outside the law...
[ link to this | view in chronology ]
Re: Outside the law...
[ link to this | view in chronology ]
Re: Re: Outside the law...
[ link to this | view in chronology ]
Re: Re: Re: Outside the law...
[ link to this | view in chronology ]