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Access Copyright Claims Trademark On The Copyright Symbol

from the you-have-to-be-kidding-me dept

Thu, May 19th 2011 8:15am — Mike Masnick

Okay. This is just insane. Via Howard Knopf, we learn that Canadian copyright licensing agency Access Copyright is claiming to hold the trademark on the classic copyright symbol: ©. You can see it in their new website:

While there are three TMs in the image, at least two of them (top logo and in the righthand column) appear to be on the copyright symbol itself. You can see one directly here:

Are they serious? I mean, I recognize that maximalists believe strongly in copyright, patents and trademarks together... but it still seems insane that a group like Access Copyright would make a totally ridiculous trademark claim on the © symbol.

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Filed Under: canada, copyright, copyright symbol, trademark
Companies: access copyright

33 Comments

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charliebrown (profile), 19 May 2011 @ 8:21am

Stake My Claim
Quick! What's the address for the USPO? I need to get my patent on � before somebody else does!
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- CK (profile), 19 May 2011 @ 9:03am
  
  Re: Stake My Claim
  Too bad I just copyrighted 'patent' you need to license it from me in order to apply for a patent on �
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- Steven (profile), 19 May 2011 @ 10:04am
  
  Re: Stake My Claim
  Too late. John Stewart did that on his show a couple days ago.
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Anonymous Poster, 19 May 2011 @ 8:22am

The "TM" is gone now; methinks they realized their mistake.
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- ChurchHatesTucker (profile), 19 May 2011 @ 11:43am
  
  Re:
  Still, it raises an interesting question. The US hasn't required the � symbol since the seventies. Could it be considered an abandoned trademark? What exactly is the status of �?
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charliebrown (profile), 19 May 2011 @ 8:25am

Further Inspection
Apparently it was a mistake, they meant to � the name and style of writing "access�" not the actual � symbol. Their website now has removed the � from the � symbol.
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- Beta (profile), 19 May 2011 @ 9:12am
  
  Re: Further Inspection
  Awwwwww...
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- pixelpusher220 (profile), 19 May 2011 @ 10:11am
  
  Re: Further Inspection
  Still exists in the header banner image as of 1:15pm EDT. They only removed it from the right hand column.
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- �Schteve�, 19 May 2011 @ 1:57pm
  
  Re: Further Inspection
  The creeps� have still left the symbol in the footer graphic of each page.
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weneedhelp (profile), 19 May 2011 @ 8:34am

They must have watched the Daily Show and got the idea
http://www.techdirt.com/articles/20110517/14485114303/daily-show-highlights-seal-team-6-trademark-fc c-commish-joining-comcast.shtml
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- Ben (profile), 19 May 2011 @ 8:52am
  
  Re: They must have watched the Daily Show and got the idea
  On The Colbert Report last week he did a skit on the trademarking of "Seal Team Six" and then said he was going to trademark the TM (so the TM had a little TM subscripted). I don't browse Comedy Central (which has it's own copyright-looking symbol) to have a link to the right segment...
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weneedhelp (profile), 19 May 2011 @ 8:37am

See the "dot"
Appears to still have a white dot where the TM used to be like it was just made really small.
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Designerfx (profile), 19 May 2011 @ 8:38am

humor
so we suppose this means that a US company effectively cannot claim they own copyright on anything?

ahh yes, unintended consequences. Why hello, RIAA.
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johnjac (profile), 19 May 2011 @ 8:40am

Not just for Stetson�
�� suck
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STJ, 19 May 2011 @ 8:45am

Can I copyright the use of the .com/.net system. NO your browser is not allowed to use a URL because I haven't received my payment yet!!
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- DannyB (profile), 19 May 2011 @ 9:29am
  
  Re:
  Patent a method and system for automatically charging the user's credit card every time your patent is used.
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RD, 19 May 2011 @ 8:48am

The cows have come home to roost
Well, this can hardly be all that surprising. When you push and create "education campaigns" and try to brainwash everyone into believing that you can own ANY idea or expression, then blatant overreach like this is going to be a natural outcome.

It's like when you are told "ignorance of the law is no excuse" over and over with a blunt hammer, but when a cop pulls a gun on a guy lawfully carrying a holstered gun where its allowed and has the proper permits for it, threatening to kill him if he doesnt comply with a raving lunatic who doesnt even KNOW its legal, you dont really have the credibility to turn around and say "ah, the cop didnt know the LAW, so he was just being careful. No big." Sorry, it doesnt wash.

You cant have these things both ways, and you cant go around hammering "sharing is THEFT!" and "I OWN that idea!" and expect any less than massive and illegal overreach like we see here.

I cant wait for the RIAA or some other org to come after me for selling my own music that I own the copyright on. They dont represent me, I never gave them assignment to work on my behalf, they have no right. But watch, it will start happening soon. They will make a massive land-grab and try to get laws enacted that will make it de facto that if its music, they represent it, regardless.
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drewmo (profile), 19 May 2011 @ 8:54am

No, they're not serious, if you look in the comments of that link, they called it a typo and they've removed it.
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- Anonymous Coward, 19 May 2011 @ 8:56am
  
  Re:
  That's one hell of a typ�.
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- Anonymous Coward, 19 May 2011 @ 8:56am
  
  Re:
  I'm not really sure they know what a "typo" is.
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- Anonymous Coward, 22 May 2011 @ 12:28am
  
  Re:
  No, they're not serious, if you look in the comments of that link, they called it a typo and they've removed it.
  
  Sorry, but that's just not believable. A typographical error would be like if they just hit the wrong key on the keyboard. It takes quite a bit more than that to do what they did. It looks more like it was intentional, they got caught, and now they're trying to lie their way out.
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Transbot9, 19 May 2011 @ 9:27am

Well...
There is a huge difference between claiming a trademark and registering a trademark. In the US, at least, they would have to register the trademark before actually bringing someone to court over it.
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Ken, 19 May 2011 @ 9:32am

So does this make copyrighting something a copyright infringement?
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- Anonymous Coward, 19 May 2011 @ 10:21am
  
  Re:
  No, it makes copyrighting something TRADEMARK infringement! By the way, who owns the trademark on the trademark symbol?
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�onclusion, 19 May 2011 @ 9:59am

�apital �oincidence
�omplete �ompliance �an �onvince �opyright �ons
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The Groove Tiger (profile), 19 May 2011 @ 4:18pm

The �� Logo is Trademark (TM�) 2011 Access Copyright. Trademark� Copyright of Access Copyright��. �� Is a registered trademark of Copyright Access. Copyright� 2011 All Rights Reserved (TM). All Rights Reserved (TM) is a Trademark� of the Copyright Logo��, All Rights Reserved, 2011. The Copyright Logo�� Is a Copyrighted Trademark, 2011 All Rights reserved.
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Capitalist Lion Tamer (profile), 19 May 2011 @ 4:30pm

It boggles the mind.
That screenshot is like the IP maximalist Hall of Mirrors.
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Lauriel (profile), 19 May 2011 @ 4:36pm

Define irony
I love the irony of a copyright licensing company called "Access". Unless the full company name is "Access,ltd"?
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Lawrence D'Oliveiro, 19 May 2011 @ 8:15pm

Where�s Nina Paley When You Need Her?
She could have some fun with this. :)
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Anonymous Coward, 19 May 2011 @ 9:15pm

I really really hope this was a joke. It has to be. I know it isnt, I know, but let me believe for a little while!
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btr1701 (profile), 20 May 2011 @ 2:01pm

Surprised?
Given the insanity surrounding IP, this was bound to happen at some point.
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Tom Anderson, 23 May 2011 @ 4:02am

They do not have copyright over the word Access. However, they use the term Access (c) TM. This should be illegal, since it creates in the minds of the people some type of association with the term Access being copyrighted.

Total scam organization, apparently.
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hmm (profile), 27 May 2011 @ 1:34pm

well
Patent 666
1. method and system for automatically having the patent/copyright/trademark on anything you want without doing a damn thing about creating anything or filing anything or any paperwork whatsoever, and automatically suing the living hell out of anyone/everyone including but not limited to real people, hallucinations and jerry the tap-dancing neon-green shark.
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