Don't Say YUUUP! Or You Might Get Sued

from the ownership-society dept

Thu, Nov 17th 2011 7:14am — Mike Masnick

The latest example of ownership society gone mad involves the star of a reality TV series, Storage Wars, suing a rapper, because they both say "YUUUP!" Dave Hester, the reality TV guy, registered YUUUP! as a trademark earlier this year. Trey Songz, the rapper, says he's been using YUUUP! since 2009, but never registered a trademark -- which is perfectly reasonable. It seems worth pointing out here that you don't have to register a trademark. Just using it can give you a common law trademark, which is plenty powerful -- especially in this case, where it seems like Songz would have priority.

But, really, that's getting way too far down into the legal weeds. Let's remember what we're talking about here: two people fighting over who can say "YUUUP!" Can we just agree that that's insane, and there should be nothing wrong with multiple people saying YUUUP? I say YUUUP!

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Filed Under: dave hester, storage wars, trademark, trey songz, yuuup

76 Comments

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Marcus Carab (profile), 17 Nov 2011 @ 6:27am

"YUUP!" (if I'm imagining how it sounds correctly) has also been a running joke on the show Archer for two years... I wonder when they'll get dragged into this lawsuit
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- Anonymous Coward, 17 Nov 2011 @ 8:08am
  
  Re:
  Also NOOOPE as said by larna from Archer
  
  DANGERZONE
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  - Marcus Carab (profile), 17 Nov 2011 @ 8:09am
    
    Re: Re:
    Phrasing!
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    - Anonymous Coward, 17 Nov 2011 @ 8:13am
      
      Re: Re: Re:
      Phrasing?
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      - Marcus Carab (profile), 17 Nov 2011 @ 8:16am
        
        Re: Re: Re: Re:
        Heh it's another Archer running joke.
        
        You wanna play me hard?
        Phrasing.
        Well then you better nut up!
        Phrasing!
        Because I've swallowed just about all I'm going to take from you!
        HEY! PHRASING!
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        Anonymous Coward, 17 Nov 2011 @ 8:19am
        
        Re: Re: Re: Re: Re:
        How could i forget.
        
        Is this a ruse?
        
        Anyway, this is all far too silly however Lawyers gots to get paid.
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        Capitalist Lion Tamer (profile), 17 Nov 2011 @ 10:47am
        
        Re: Re: Re: Re: Re:
        The whole phrasing convo reminds me of pretty much everything Tobias Funke ever said.
        
        Narrator: Tobias listens to a day's worth of his own words, to see what Michael was referring to...
        Tobias F�nke: [on tape] ... even if it means me taking a chubby, I will suck it up.
        Tobias F�nke: Nothing wrong with that.
        Tobias F�nke: [on tape] Oh, I've been in the film business for a while, but I just can't seem to get one in the can.
        Tobias F�nke: It's out of context.
        Tobias F�nke: [on tape] I wouldn't mind kissing that man between the cheeks.
        Narrator: ...and he realized there is something distinct about the way he speaks.
        Tobias F�nke: Tobias, you blowhard.
        [chuckles]
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    - Anonymous Coward, 17 Nov 2011 @ 8:16am
      
      Re: Re: Re:
      Phrasing?
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- Anonymous Coward, 17 Nov 2011 @ 11:11am
  
  Re:
  Can I just trademark every word in your comment and sue you for multiple infringements?
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- David Liu (profile), 17 Nov 2011 @ 2:24pm
  
  Re:
  http://www.yyyup.com/
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- Keri, 2 May 2012 @ 3:43pm
  
  Re:
  No worries, Archer's YUUP! and Dave's YUUUUUP! are way different.
  Archer's isn't as drawn out as Dave's.
  
  Which is good. It would suck to have Archer pulled into this.
  Personally, Dave gets enough money from the show and the storage lockers he buys. He's just being greedy, in my opinion.
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Anonymous Coward, 17 Nov 2011 @ 7:20am

From context, I'm imagining the definition of "Yuuup," is, "I have nothing intelligent to say." Does that come close?
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- Berenerd (profile), 17 Nov 2011 @ 7:40am
  
  Re:
  The guy from Storage Wars uses that word to say he bids the number the auctioneer has stated.
  
  Those of you who live in Down East Maine will knwo that this is actually used by everyone...in...Maine...for eons...so technically this guy owe Maine millions. yuuup...
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Anonymous Coward, 17 Nov 2011 @ 7:21am

Wait...did he say YUUUP or YUP or YUUP or YUUUUP? A few of these should qualify as separate I believe, or at the very least parody of the original. Just guessing though.
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Anonymous Coward, 17 Nov 2011 @ 7:23am

Its more like an extended version of Yep or Yeah, rather than Yuup.
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Chris Rhodes (profile), 17 Nov 2011 @ 7:23am

YUUUUUP!
Wonder if Lana knows someone else has "stolen" her catchphrase.
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- el_segfaulto (profile), 17 Nov 2011 @ 9:29am
  
  Re: YUUUUUP!
  Hah! Exactly what I was thinking!
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Anonymous Coward, 17 Nov 2011 @ 7:29am

Mike, you and your grifter pirate Marxist fascists need to stop stealing trademarked words.
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- Bengie, 17 Nov 2011 @ 8:10am
  
  Re:
  Arrrrr matey! There's trademarks in them common words! yarrrr!
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- gramma, 23 Apr 2013 @ 9:44am
  
  Re: yuup
  my grandchildren use it all the - i do try to tell them to say yes buy yuup comes out all the time - wow i better watch out these poor inisent children -
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Anonymous Coward, 17 Nov 2011 @ 7:37am

Yuuup
One of the employees at a local estate auction house had a regular practice of saying "Yuuuup" in exactly that same way when he was fronting for a phone bidder. I had assumed this was some sort of auction-business tradition.

When is someone going to try to trademark, "going, going ... gone!"?
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Anonymous Coward, 17 Nov 2011 @ 7:39am

Importantly, none of these three applications have issued as a trademark. One recently was published for opposition, but the other two remain somewhere in the bowels of the USPTO. Of the marks, only one is associated with entertainment services. The other two deal with mundane things like caps, decals, etc.

As for the rapper, it would be useful to know the geographic extent to which the phrase has been used. If it embraces all of the US, then a common law tradmark would trump the application associated with entertainment services.

No matter what the outcome, I must scratch my head and ask "What were they thinking when the applications were filed?"
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Anonymous Coward, 17 Nov 2011 @ 7:45am

Step Brothers. Brennan : "Wanna do karate in the garage?"
Dale : "YUUP!"
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Trails (profile), 17 Nov 2011 @ 7:48am

You know what this suit and those like it are?
They're GRRRRRRRRRRRRRREAT!
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- Anynomous Caword, 17 Nov 2011 @ 2:51pm
  
  Re: You know what this suit and those like it are?
  OH YEAAAAH!!
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Kip256 (profile), 17 Nov 2011 @ 7:49am

We should start a movement with these silly lawsuits over the use of a word. Every time anyone sees someone say "Yup" in whatever context or manner, contact Dave and notify him that someone is stealing his trademark and remind him that he must "enforce" his trademark in fear of losing it. Then after spending all of his time and money in courts over the word "Yup" he will realize how stupid this is.
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- Hephaestus (profile), 17 Nov 2011 @ 8:13am
  
  Re:
  Think of the schadenfreude and lulz we would get from this. Anyone know if 4chan is back up? I want to suggest this.
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tm, 17 Nov 2011 @ 7:51am

storage wars
If you have ever watched the show you already know that Dave Hester is an A1 asshole. YUUUP!
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- A1 Asshole, 17 Nov 2011 @ 7:56am
  
  Re: storage wars
  Sir you have insulted all A1 assholes.
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- Dave Hester sucks, 17 Nov 2011 @ 8:00am
  
  Re: storage wars
  YUUUP!
  
  He even sells merchandise (hats, shirts) with Yuup on it. Mike would be proud.
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  - Gracey, 17 Nov 2011 @ 8:48am
    
    Re: Re: storage wars
    OMG...does anyone actually buy those? He's probably the most disliked character on the show...then comes Darrell.
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    - dwg, 17 Nov 2011 @ 9:29am
      
      Re: Re: Re: storage wars
      Ever notice that Darrell is a ringer for Roy, the first replicant we meet in Blade Runner?
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- Anonymous Coward, 17 Nov 2011 @ 8:01am
  
  Re: storage wars
  Now he's going to sue you for libel.
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PrometheeFeu (profile), 17 Nov 2011 @ 7:59am

Can we please not talk about those kinds of people? It caused me to look-up what this "Storage Wars" show was about and now I am uncontrollably sobbing for the fate of humanity. Who the hell came up with the concept of shows named "Random Boring Profession Wars"? I want to sue them for emotional damages!
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- Dave Hester still sucks, 17 Nov 2011 @ 8:06am
  
  Re:
  Come on man. Barry is the best. I think he is able to putmost of it in perspective. The rest are just ants trying to clean up other peoples trash. I do enjoy the show. Brandi could wear some more revealing outfits to through the others off their game (and I'm curious).
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  - Vincent Clement (profile), 17 Nov 2011 @ 8:51am
    
    Re: Re:
    I second your comments about Barry and Brandi.
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- Anonymous Coward, 17 Nov 2011 @ 8:14am
  
  Re:
  They're making a reality show about ren faire jousters. REN FAIRE JOUSTERS!
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  - Fickelbra (profile), 17 Nov 2011 @ 8:24am
    
    Re: Re:
    LOL I saw that just last night. The best part was to make it seem tough the host was like, anyone from boxing, UFC, come show up and I'll put you down out here. It's like, well duh, that's WHAT YOU DO. Put the shoe on the other foot and go step in the ring, they'll do the same to you.
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    - Joe Publius (profile), 17 Nov 2011 @ 9:41am
      
      Oh yeah?
      Because I guarantee that if we were to face off over a game of Pac-Man (which I have played a lot), you'd probably clean my clock.
      
      Pac-Wars!
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Anonymous Coward, 17 Nov 2011 @ 8:02am

Muppets close enough for prior art ?
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Anonymous Coward, 17 Nov 2011 @ 8:02am

Muppets close enough for prior art ?

http://answers.yahoo.com/question/index?qid=20081229215651AAkn1d6

yip yip yip yip yip ...
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BentFranklin (profile), 17 Nov 2011 @ 8:11am

�A sound mark depends upon aural perception of the listener which may be as fleeting as the sound itself unless, of course, the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened when heard and to be associated with the source or event with which it is struck.�

So now we can have findings of fact about the subliminal mind?
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- Anonymous Coward, 17 Nov 2011 @ 9:35am
  
  Re:
  Does Futurama hold a "Good news everyone" trademark? I always read that in Farnsworth's voice.
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Brandon (profile), 17 Nov 2011 @ 8:22am

Twenty-eight comments and I don't see the requisite link to the Lana Yuup soundboard. Shame on you, Techdirt Archer fans.
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- Marcus Carab (profile), 17 Nov 2011 @ 9:29am
  
  Re:
  ...wow. Shame accepted. I have a new favourite toy.
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Anonymous Coward, 17 Nov 2011 @ 8:28am

Trey Songz is not a rapper. He's an r&b singer. Shotty work reporters.
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Anonymous Coward, 17 Nov 2011 @ 8:30am

We are writing to notify you that your unlawful copying of of the word YUUUUP! infringes upon our client�s exclusive trademarks. Accordingly, you are hereby directed to

CEASE AND DESIST ALL TRADEMARK INFRINGEMENT.

Mr. David Hester is the owner of a trademark in various aspects of the word "YUUUUP!". Under United States tradmark law, Mr. Hester�s trademarks have been in effect since the date that the trademark was registered. All utterances of the word "YUUUUP!" are tradmarked under United States trademark law.

It has come to our attention that you have been using the word "YUUUUP!". We have evidence of your unlawful usage to preserve as evidence. Your actions constitute trademark infringement in violation of United States trademark laws. If you continue to engage in trademark infringement after receiving this notice, your actions will be evidence of �willful infringement.�

We demand that you immediately (A) cease and desist your unlawful use of the word "YUUUUP!" and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further infringement of Mr. Hester�s trademarked word.

Sincerely,

[your name here]
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- mike allen (profile), 17 Nov 2011 @ 11:04am
  
  Re:
  il stasrt using YUUUUP on any and all communications does that piss u off
  
  YUUUUP
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Anonymous Coward, 17 Nov 2011 @ 8:43am

I recently trademarked the letter "e" so consider this a cease and desist and remove all e's from your replies. In other news, I have just filed a lawsuit against Sesame Street for brazenly infringing on my trademark for daring to say that some of their shows were sponsored by the letter "e" when they clearly did not seek my approval to use my trademark. I also have a pending trademark for the schwa character.
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Nonymous Coward, 17 Nov 2011 @ 8:49am

...
I'm going to trademark the word 'trademark'.

I'll be a millionaire.
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- gramma, 23 Apr 2013 @ 10:04am
  
  Re: ...me
  i am going to trademark the word gramma oops i should no have used trademark as that is yours
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Anonymous Coward, 17 Nov 2011 @ 8:50am

Does Dave Hester have no balls? YUUUUUP!!!
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Todd, 17 Nov 2011 @ 9:14am

Easy. All Trey Songz has to say is that his version is spelled YUUUUUP, with an extra U.

But really, we are talking about suing someone for the way they say "yes?"
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Kaega (profile), 17 Nov 2011 @ 9:20am

Already taken
I've heard this word somewhere before, repeatedly, usually in groups of fours.

http://www.youtube.com/watch?v=sRACH5tOnq4
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Anonymous Coward, 17 Nov 2011 @ 9:27am

This
...has been discussed before.
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timmaguire42 (profile), 17 Nov 2011 @ 10:18am

No commonly used term or phrase should be protectable.
Ever. Not in copyright, not in trademark. Not in anything. If they want rights, they should come up with something new. Anything less is a fraud upon the public.
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zgork, 17 Nov 2011 @ 10:37am

Yuup
Face it Dave is an igotistical self-centered jerk which has nothing better in life. Abouot the show it is what middle America does so PrometheeFeu you need to get a life and go out and see what people really do... Although, one can trademark a word/phrase try to get a common word such as Yuup in the court system and try and win against a rapper who has the money to spend on the case - get real
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- PrometheeFeu (profile), 17 Nov 2011 @ 10:38pm
  
  Re: Yuup
  I don't care that it's what "Middle America" does. I'm a software engineer in the Bay Area. And "Software Engineer Wars" would be equally stupid. Oh my god! We are shipping in 3 days and a major bug was just discovered! **Engineer runs to the screen and spends next 8 hours typing with brief breaks to refill a water glass or hit the bathroom** Of course, you could always do the standard provoking on conflicts. But alpha-geeks tend to war over emails, so it's still 8 hours of watching a person type... Very boring...
  
  Also, I just don't see why the fact that Middle America does what these people are doing (highly doubtful that any more than a tiny fraction of americans trade in abandonned storage lockers) that doesn't make it interesting. In fact, that makes it boring.
  
  Am I being stuck up and elitist? You bet. It's also known as having standards. And with this diatribe, I shall retire to bed.
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Lanthus, 17 Nov 2011 @ 11:05am

Reading Comprehension
Come on everybody. I hate Hester on the show as much as anyone else but I at least bothered to read the article.

Songz is the one that sent Hester a cease and desist. Hester is trying to get a court order to stop him from interfering with his use of the phrase.

"Attorneys for Songz sent a cease-and-desist letter to Hester that demanded the reality TV star stop uttering the phrase during the show�s auctions of seized goods, according to the NY Post"

"Hester has filed a lawsuit against Trey Songz (born Tremaine Neverson) and is seeking a court order that bars the rapper from "interfering" with his use of �YUUUP!�
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rjholla2003, 17 Nov 2011 @ 11:18am

Really?
Aside from the fact that this is absurd, can we also point out that Trey Songz is a SINGER, not a RAPPER?

-_____-
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a special kinda guy, 17 Nov 2011 @ 11:51am

yaaarp
yarp
runs down the hall yelling "yuuup yuuup yuuup yuuup" ( to sound like "holla holla holla" from the chappell show)
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Daemon_ZOGG, 17 Nov 2011 @ 12:32pm

"...registered YUUUP! as a trademark earlier this year"
Since Dave says "YUUUP!" is a trademark, then Dave will have to prove how many times the letter "U" was used when Trey verbally said "YUUP!" out loud. };P
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Anonymous Coward, 17 Nov 2011 @ 2:50pm

T______________T this makes me sad
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ike, 17 Nov 2011 @ 5:24pm

Dave Hester
Storage Wars is a great show! Dave Hester is a bit of an ass on the show, but it's reality TV, so one expects a bit of manufactured drama. It's disappointing to hear he's the same IRL.
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Anonymous Coward, 17 Nov 2011 @ 7:09pm

YUUUUUUUPPPPP

I guess all this is just crap. Or did someone register crap? Can I say crap?
Crap, guess it's too late. I say, crap. YUUUP, Crap!
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Anonymous Coward, 18 Nov 2011 @ 5:41am

Sesame Street Martians ...
have been saying "Yup yup yup yup ... " for decades. Since the Muppets are Disney, is Hester about to get a whole can of legal whupass opened on him?
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mikez (profile), 18 Nov 2011 @ 6:01am

All I did was say Jehova.

Jehova, Jehova, Jehova!!!
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Anonymous Coward, 21 Nov 2011 @ 8:22am

This is funny. Hester is a douche (though probably not really in RL scripted as part of Storage Wars he is). I'm going to trademark Nooooooope! Quickly and wait for someone to start using it....profit!$$$$
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yonnaboo12, 1 Jan 2012 @ 2:48pm

i'm on trey side but this whole thing is a waste of time it's just a word and I have never heard of hester or waat eva his name is. ~trey's angel all daii~ ~trigga~
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Greg preston, 6 Jan 2012 @ 3:47pm

Storage wars
I think storage wars is awesome and dave barry darrel and brandi jarrod r fantastic. Brandi should get her tits out and that wud b awesome shes beautiful and id love to meet her naked
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- Greg preston, 6 Jan 2012 @ 3:51pm
  
  Storage wars
  So wud i
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Anonymous Coward, 21 Mar 2012 @ 3:41pm

Wow, Pathetic waste of time
Dave Hester is a pathetic human being that likes to find ways to step on others because of his psychologically abusive childhood. Its quite obvious. And so is the fact that we no longer have a Bill of Rights that cannot be surpassed by money and lawyers. If I were that rapper I would add an 'up' and be done with it... YUUUUPP!
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mableson (profile), 6 Jun 2012 @ 11:41am

Really Dave?
He has a registration for CLOTHING and 2 pending for bumper stickers and personal appearances that he is not using! He is actually infringing on prior uses.
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- Terminal4, 6 Jun 2012 @ 12:30pm
  
  Re: Really Dave?
  Dave is a magician. He can sell ANYTHING, no matter the condition, at full retail price! Prior use? Infringing? These words mean nothing to him. I mean, imagine everyone waiting for the "Yuuuup" clothing line! (I've already seen people wearing the stupid hats). His clothing line just exudes class and style. Dave the magician.
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david, 17 Jul 2012 @ 8:22pm

stupid
Dave hester is a IDIOT has this country got that bad saying no one can say YEEEEEEP!I HATE HESTER I WISH WOULD DIE
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yuyyuilòlk, 12 Aug 2014 @ 3:38am

hygojhiol,l,vx
xcvnhn jòmnòà.òlhgk,ghjkhg
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