Vice Media Goes After Vice Industry Token, A Porn Crypto-Currency Company, For Trademark
from the pron-coin dept
The last time we checked in with Vice Media it was firing off a cease and desist letter to a tiny little punk band called ViceVersa, demanding that it change its name because Vice Media has a trademark for the word "vice" for several markets. In case you thought that occurrence was a one-off for Vice Media, or the result of an overzealous new hire to the company's legal team, Vice Media is again trademark bullying another comany, Vice Industry Token. VIT is apparently a pornography cryptocurrency company, which is a three-word combination that I bet god herself could never have imagined being uttered. The claim in the C&D notice that VIT got is, of course, that Vice Media has a "vice" trademark and that this use infringes upon it.
Vice Media sent a cease-and-desist letter to the digital upstart in November, alleging its "Vice Industry Token" trademark infringes on its rights to "Vice," according to a complaint filed Friday in California federal court.
As noted, VIT is going to court to declare its use of the word "vice" non-infringing. The complaint as filed does not offer up the reasoning VIT has for its use to not be infringing, but it's fairly easy to guess. Vice Media is a major media company playing in a variety of markets, from magazines to music and journalism. It is not, however, the following:
VIT offers its proprietary cryptocurrency and also operates an adult entertainment platform, which, according to the complaint, are together designed to "change the nature and monetization of pornography."
There is simply nothing between the two entities that represents a competitive situation. Given that, I have to expect that the court will side with VIT, which was quite smart in seeking this declaratory judgement. What that will not answer, though, is why Vice Media ever thought any of this was necessary to begin with.
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Filed Under: cryptocurrency, porn, trademark
Companies: vice, vice industry token, vice media
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Easy. Their lawyers were bored.
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Re: VIT is apparently a pornography cryptocurrency company
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ViseGrip (tm) should sue everyone else involved
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Just once...
"No. Sue us. More judges could use a good laugh."
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Get a grip
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Pass the smelling salts!
Please pass me my smelling salts! Does someone mean to say that "vice" is more descriptive or generic than fanciful or arbitrary when used as a skin-trade mark?
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/s
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Maybe the AI for spambots is evolving. Or average_joe was never a lawyer and was an AI all along!
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If you want an elaboration: At least in the US, it is easiest to get trademark protection for something that is not a real word; this is called a "fanciful" mark. The next easiest is a word that has nothing to do with the product or service; this is called an "arbitrary" mark. If the word is "descriptive" of the product or service, it is quite hard to get trademark protection. If the word is a "generic" term for the product or service, you cannot get trademark protection for it.
Because "vice" is generally taken to be a descriptive term for pornography (among other products and services), Vice Media should get ready for some serious sanctions from the court on the grounds of filing frivolous claims.
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Wait a second..
They are awesome and powerful.
I can see how Apple Computer feels they have strong claim on the word 'Apple' as applied to computer-related items, even though it's a common word and Apple Music was well known before they started. The word 'Apple' has nothing to do with computers.
But when you name your company 'Vice' and you are engaged in vice... that's pretty much like naming your restaurant 'Diner' and expecting to have a valid trademark claim.
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On the other hand...
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Re: On the other hand...
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But what if Vice Media maybe could have thought in the future about going into that market? You know, like maybe the Dr. Seuss estate might have done a Seuss/Star Trek mashup maybe someday maybe.
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Eyes, eyes, Bay B.
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reporting is hard
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" The Vice Media Token is built using Smart Media Token protocols being developed by Vice and its partners. What Vice is building is unique and creates a simple engagement-oriented protocol used to facilitate the creation and exchange of tokens between participants in media consumption. Paid blogging ..."
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