re: Meyerkord would have received emails from ICANN every six months.
Working from the reasonable assumption that the email address of record for Meyerkord would have been through Zipatoni, how could Meyerkord have received said email? Those emails have been going to a Zipatoni.com address (which, as an ex-employee, Meyerkord probably doesn't have access to anymore).
All that needs to happen for for someone to make three unsubstantiated accusations of copyright infringement against her and/or some members of her family and wait for the fun to begin.
Hasbro did nothing "legally" wrong. This does not mean that what they did was necessarily the best business decision. What they did was annoy a whole bunch of people who liked one of their products. It was in Hasbro's best interest to have worked out some kind of deal with the Scrabulous brothers - unfortunately, much more so than it would have been in the brothers' best interest. Basically, from a public perception standpoint, Hasbro needs Scrabulous more then the brothers need Hasbro - unless Hasbro can suddenly turn their online Scrabble game into something better than Scrabulous.
... the real future is going to be Unboxed and Apple TV and all of the other digital content delivery systems
Sure, eventually. But for right now Netflix has found a profitable niche and staked their "king of the mountain" claim. In another year or few, when digital delivery of high-quality video to the average person becomes more practical, Netflix will be positioned well to leverage their name and market clout into that business as well. (After all, in the minds of teh average person, the only difference between what Netflix does now and digital delivery is medium.)
He's not out for $10 million in personal damages. He's going for $10 million as a punitive measure. The object of punitive damages is not to compensate the plaintiff, but to reform or deter the defendant and similar persons from pursuing a course of action similar to that which damaged the plaintiff. Personally, I doubt that $10 is high enough to really make the industry take notice, but it's a start.
A genericized trademark can not longer be legally enforced. This has happened more often than you might think. Below are a few product names that were originally trademarked, but now either are not, or are but are unenforceable. In most cases, the original trademark owner was forced be neccessity to create new names which could then be trademarked again and suffered brand dilution (and loss of market share) until they were able to get the new name known (if they were able to).
Allen wrench (or Allen key)- hexagonal screwdriver (A rarity among generic words, 'Allen wrench' is no longer trademarked, but is still capitalized because it is named after a company)
aspirin - ASA (acetylsalicylic acid; remains as a registered trademark in many places around the world in the name of Bayer, but not in the United States)
bikini - two-piece swimsuit for women
brassiere - women's undergarment used for breast support
cellophane - transparent paper
celluloid - film material
dry ice - frozen carbon dioxide
escalator - moving staircase
formica (plastic) - laminated plastic surface
frisbee - toy plastic flying disc
gramophone - record player
granola - oat and fruit bar
hoagie - sandwich
heroin - narcotic drug; originally registered by Bayer as a pain reliever
hula hoop - toy hoop; originally made of various materials, generic name trademarked by Wham-O when it was redesigned in plastic in the late 1950's
jungle gym - play structure (from 'Junglegym')
LP - long playing record
lanolin - purified, wax-like substance from sheep's wool
linoleum - floor covering
mimeograph - reproduction machine
photostat - reproduction machine
plasterboard - formed gypsum building material
spandex - polyurethane fiber; an anagram of "expands"; DuPont later introduced new trademark, Lycra
Webster's dictionary - the publishers with the strongest link to the original are Merriam-Webster, but they have a trademark only on "Merriam-Webster", and other dictionaries are legally published as "Webster's Dictionary"
On the post: Girl Scouts Teaching The Wrong Lesson By Banning Online Sales
Re: United Way
On the post: Man Sues Former Employer For Not Updating Whois... And Then Acting Stupid
Re: Zipatoni or Meyerkord
Working from the reasonable assumption that the email address of record for Meyerkord would have been through Zipatoni, how could Meyerkord have received said email? Those emails have been going to a Zipatoni.com address (which, as an ex-employee, Meyerkord probably doesn't have access to anymore).
On the post: Isn't There An Easier Way To Tax Online Gambling?
Re: the whole pie.
On the post: New Zealand Copyright Minister Sneaks In 3 Strikes Law; Yells At Those Who Ask Why
So what's the problem
On the post: Hasbro's Nightmare: Scrabulous Returns With New Name And (A Few) New Rules
Re: settle down
On the post: Amazon Quietly Dumps DVD Rental Business; Guess Netflix Isn't So Easy To Beat
Re: The future is...
Sure, eventually. But for right now Netflix has found a profitable niche and staked their "king of the mountain" claim. In another year or few, when digital delivery of high-quality video to the average person becomes more practical, Netflix will be positioned well to leverage their name and market clout into that business as well. (After all, in the minds of teh average person, the only difference between what Netflix does now and digital delivery is medium.)
On the post: Autodesk Sued By eBay Seller For Pretending Right Of First Sale Doesn't Exist
Re: I can understand,,,
On the post: Attention English Teachers: Google Is Officially A Verb
Re: Yep it is. Also, Band-Aid is a noun and a ver
(source: http://www.reference.com/browse/wiki/Genericized_trademark. Not the complete list, just ones that I felt would be well known.)
Allen wrench (or Allen key)- hexagonal screwdriver (A rarity among generic words, 'Allen wrench' is no longer trademarked, but is still capitalized because it is named after a company)
aspirin - ASA (acetylsalicylic acid; remains as a registered trademark in many places around the world in the name of Bayer, but not in the United States)
bikini - two-piece swimsuit for women
brassiere - women's undergarment used for breast support
cellophane - transparent paper
celluloid - film material
dry ice - frozen carbon dioxide
escalator - moving staircase
formica (plastic) - laminated plastic surface
frisbee - toy plastic flying disc
gramophone - record player
granola - oat and fruit bar
hoagie - sandwich
heroin - narcotic drug; originally registered by Bayer as a pain reliever
hula hoop - toy hoop; originally made of various materials, generic name trademarked by Wham-O when it was redesigned in plastic in the late 1950's
jungle gym - play structure (from 'Junglegym')
LP - long playing record
lanolin - purified, wax-like substance from sheep's wool
linoleum - floor covering
mimeograph - reproduction machine
photostat - reproduction machine
plasterboard - formed gypsum building material
spandex - polyurethane fiber; an anagram of "expands"; DuPont later introduced new trademark, Lycra
Webster's dictionary - the publishers with the strongest link to the original are Merriam-Webster, but they have a trademark only on "Merriam-Webster", and other dictionaries are legally published as "Webster's Dictionary"
yo-yo - toy
zeppelin - dirigible airship
zipper - zip fastener
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