So... you are saying that it's perfectly fine to take the team emblem, put it up in your shop, over the donuts in question, and say 'Buy these donuts'? Implying that they are associated with the school?
I am far from an IP maximalist, but, there IS such a thing as brand. I would be just as against someone taking the Apple logo, slapping it on donuts, and saying 'Buy these Apple Company Donuts'. Or a USMC logo, or any other official trademark that they did not license.
I agree they shouldn't have gotten a trademark on the fingers, it's a thousand year old gesture.
However, the donut shop WAS using the team to sell donuts. They used the teams name, the phrase, and at one point, per the local news, even had team logos up on the donuts. This is not a local donut shop having some hand shaped donuts and getting sued for it, this is the shop using the local team's logos and name and trademarked phrases, and having a donut shaped hand.
The shop owner took down all the team logos and renamed the donuts. Honestly this seems less like bullying and more like 'Quit using our team logos and trademarked phrases to sell your donuts without going through the licensing to use our name'. I got no problem with the team not wanting her to use their name to sell donuts without getting a share.
The trademark on the hand symbol is stupid though.
I think the original commentor means that St. Jude has a history of ignoring notifications of security issues, and therefore, that St. Jude deserves whatever the hell happens to them.
This would be litigated for a decade, taking 4 or 5 years at the district level, then two years for an appeal, then the supreme court would get involved.
After 10 years, the Supreme court would remand it back to the circuit court, who'd then take a few months, and remand it back to the district court.
The district court would then spend two years retrying it.
The appeal would then go to the circuit, then to the supremem court, who'd finally dismiss the case with prejudice. Then the court would remand back to the circuit as to whether both sides should be sanctioned for conduct in the case and wasting the courts time. Also considered would be sanctions against the lawyers for failing to perform their duty to their clients.
This would then wend it's way through the courts for a decade, ending up with both companies being fined another 100 million for wasting the courts time on frivolous lawsuits. The lawyers on both sides would be sanctioned for the entireity of their ill-gotten gains, and be referred to the BAR for disciplinary action, and eventually disbarred.
The final result being to have spent hundreds of millions on each side to litigate this case, the lawyers ending up disbarred and unenriched, and the windfall going to the court to pay for additional judges to work on the backlog created by stupid lawsuits like this one.
Not sure how the judge commenting on dictionary meanings takes away from the fact that how many idiots on the internet can confuse things because they can't be bothered to read the @$#*($#&* dictionary has anything to do with the fact the case has nothing to do with that and everything to do with with how potential customers might be confused (Giant Hint : They won't be).
Also not sure what it has to do with you not comprehending the difference...
It's not how many idiots on the internet can be confused by the names. It is how many potential customers can be confused. The potential customers are high school graduates, who spend a GREAT DEAL OF TIME deciding what university to go to (granted, it might be research into academic credentials, or sports program, or male to female student ratio, depending on what they want out of college). But given all the other F?U universities in Florida, adding one more to the mix isn't going to increase potential for confusion by any appreciable amount.
We are not saying that every safe should have a second door on it. We are only asking for every safe manufactured to have a fixed combination that is given to the police for use when we need it. We will absolutely guard this police combination that opens all safes, and we will not allow criminals to have it. We will make it illegal for anyone other than police to use it, which will make it secure and safe and ensure no one but the 'good guys' can use that bypass combination code.
Seriously, this is pretty standard motion practice in an IP case. It's a very low hurdle to keep a lawsuit alive, you just have to convince the judge you have made some argument that, if he assumes everything you say is true and nothing the defendant says is true, will win.
If you've got decent lawyers on each side, initial motions to dismiss are very hard to get.
They should use the Google solution, remove the character from the game in that country. When the character comes up in the game, have a blacked out figure with a name of 'Stupid Law'. Then on their website, indicate that it is because of this lawsuit that they are removing the character in France, and give the name and number of the legislators for people to complain.
It really makes you wonder about the thought process of the folks who run VG Media.
No, I don't wonder at all about their thought process...
...I am rather curious if they actually have a thought process, but I'm not in the least bit curious about what convoluted Machiavellian brain damaged process is actually at work inside their skulls.
Your logic fails because you are taking a fixed supply (1 pizza with 12 slices) that has a specific lifetime, and applying it to a non-finite source.
If instead, the Netflix account had '100 hours of streaming a month' I would absolutely agree with you that you could do whatever you wanted with that 100 hours.
There has to be a balance between consumer and producer. If the producer is too insane (which Rutlidge obviously is), then nobody respects the company and is happy to see them go out of business.
The attitude that it's fine to buy one netflix account and spread it out amongst a dozen people because 'it is just like buying a pizza' is a result of over-reach by copyright maximalists. But it doesn't mean that is a correct method of thought.
The problem with this type of response is, you are going anti-copyright maximalist, which just encourages Rutledge to insist on every individual must have a separate account, and demand hundreds of thousands if you and your wife watch at the same time but she doesn't have an account.
People need to be reasonable on both sides. Unfortunately, being reasonable is not en vogue lately. :(
Depends, from the article, the password sharing is going on at campus. I can absolutely imagine a dorm floor going in together on a login. And, Netflix doesn't really limit multiple logins, or at least, I've never had that occur. I watch it on my PS4, and my mother watches it in her room on her tablet, simultaneously. Sometimes I watch from my hotel room, my mom from her room on her tablet, and my wife on the PS4, when I'm on the road. Same with HULU.
I have no issues with a household having one login and sharing it amongst everyone who lives there. But as much as I think 'must own everything' is stupid, even I agree that 10 or 12 unrelated people who don't live together (or at best, are in a dorm situation) sharing passwords is piracy.
Even more than that, I'd say HBO is perfectly aware that they are beating him on price, and that if allowing a bit of piracy that (A) doesn't affect their bottom line (since those pirates won't pay anyway) and (B) gives them better reputation than the cable company and (C) gives them MORE leverage over cable companies who need their content to be relevant and (D) contributes to a long term market strategy as opposed to a "What can I do to boost my quarterly bonus" mentality, then I'd say (E) HBO knows exactly what it's doing and (F) understands the market exactly and is (G) happy to screw over Rutledge and Charter.
I have Dish, and I spend more than $100 a month on it. It's annoying, but I've tried to cut it down, but I have a wife and mother who happen to like radically different channels than I do. And, the ones we like, aren't cord cuttable yet, unfortunately. :( Science Channel (Me), SyFy (Me), NASCAR (Mom), MLB (Wife), SOAP (Wife), as examples.
At the very least, I've always had good customer service from Dish (I quit Comcast over horrible customer service a decade ago).
Officially, my really obnoxious lawyers have stated I must respond to you with the following boiler plate.
[Insert Lawyer Puke Here]
Unofficially, I am thrilled that you are happy with our service, and I personally apologize for the above response from the lawyers. We are always looking for ways to improve our customer satisfaction, and we hope that we can get better and better at it, so more customers can feel like you do.
Thank you very much for your communication, Sincerely, CEO That Couldn't Care Less
EDIT : Fixed to show what got left out by formatting
Officially, my really obnoxious lawyers have stated I must respond to you with the following boiler plate.
Unofficially, I am thrilled that you are happy with our service, and I personally apologize for the above response from the lawyers. We are always looking for ways to improve our customer satisfaction, and we hope that we can get better and better at it, so more customers can feel like you do.
Thank you very much for your communication, Sincerely, CEO That Couldn't Care Less
On the post: University Of Texas Bullies Pastry Shop Over Donuts Shaped Like 'Hook 'Em Horns' Hands
Re: Re: Not so cut and dried
I am far from an IP maximalist, but, there IS such a thing as brand. I would be just as against someone taking the Apple logo, slapping it on donuts, and saying 'Buy these Apple Company Donuts'. Or a USMC logo, or any other official trademark that they did not license.
On the post: University Of Texas Bullies Pastry Shop Over Donuts Shaped Like 'Hook 'Em Horns' Hands
Not so cut and dried
However, the donut shop WAS using the team to sell donuts. They used the teams name, the phrase, and at one point, per the local news, even had team logos up on the donuts. This is not a local donut shop having some hand shaped donuts and getting sued for it, this is the shop using the local team's logos and name and trademarked phrases, and having a donut shaped hand.
The shop owner took down all the team logos and renamed the donuts. Honestly this seems less like bullying and more like 'Quit using our team logos and trademarked phrases to sell your donuts without going through the licensing to use our name'. I got no problem with the team not wanting her to use their name to sell donuts without getting a share.
The trademark on the hand symbol is stupid though.
On the post: Security Startup MedSec Shorts St. Jude Medical Stock To Punish It For Flimsy Pacemaker Security
Re: Re: Told
On the post: Citigroup Gets First Loss In Trademark Suit Against AT&T For Saying 'Thanks'
In a Perfect World
After 10 years, the Supreme court would remand it back to the circuit court, who'd then take a few months, and remand it back to the district court.
The district court would then spend two years retrying it.
The appeal would then go to the circuit, then to the supremem court, who'd finally dismiss the case with prejudice. Then the court would remand back to the circuit as to whether both sides should be sanctioned for conduct in the case and wasting the courts time. Also considered would be sanctions against the lawyers for failing to perform their duty to their clients.
This would then wend it's way through the courts for a decade, ending up with both companies being fined another 100 million for wasting the courts time on frivolous lawsuits. The lawyers on both sides would be sanctioned for the entireity of their ill-gotten gains, and be referred to the BAR for disciplinary action, and eventually disbarred.
The final result being to have spent hundreds of millions on each side to litigate this case, the lawyers ending up disbarred and unenriched, and the windfall going to the court to pay for additional judges to work on the backlog created by stupid lawsuits like this one.
On the post: Florida International University Loses Trademark Appeal Against Florida National University
Re: Re: Re: Not Reading Article
Not sure how the judge commenting on dictionary meanings takes away from the fact that how many idiots on the internet can confuse things because they can't be bothered to read the @$#*($#&* dictionary has anything to do with the fact the case has nothing to do with that and everything to do with with how potential customers might be confused (Giant Hint : They won't be).
Also not sure what it has to do with you not comprehending the difference...
On the post: Florida International University Loses Trademark Appeal Against Florida National University
Re: Not Reading Article
Which you'd know if you read the @#*#$& article.
On the post: Manhattan DA Continues To Claim 'We Don't Want Crypto Backdoors...' By Which He Means He Wants Crypto Backdoors
Better physical world analogy
On the post: Judge Says Copyright Case Against Star Trek Fan Film Can 'Live Long' And Possibly 'Prosper'
Not really a surprise...
If you've got decent lawyers on each side, initial motions to dismiss are very hard to get.
On the post: Call Of Duty Again Sued Over Another Historical Figure... Who Is A Good Guy In The Game
GOOGLE solution
They should use the Google solution, remove the character from the game in that country. When the character comes up in the game, have a blacked out figure with a name of 'Stupid Law'. Then on their website, indicate that it is because of this lawsuit that they are removing the character in France, and give the name and number of the legislators for people to complain.
On the post: T-Mobile's John Legere Goes Off The Deep End: 'Who The Fuck Are You, EFF?'
Ok, no way I'm getting T-Mobile
However, in the last two days, their CEO has managed to convince me that that would be a gigantic mistake.
On the post: German Publishers Still Upset That Google Sends Them Traffic Without Paying Them Too; File Lawsuit
Not really...
No, I don't wonder at all about their thought process...
...I am rather curious if they actually have a thought process, but I'm not in the least bit curious about what convoluted Machiavellian brain damaged process is actually at work inside their skulls.
On the post: T-Mobile Doubles Down On Its Blatant Lies, Says Claims It's Throttling Are 'Bullshit' And That I'm A 'Jerk'
Re: But.....
Don't work Mike, being a jerk doesn't make you wrong. :)
And, you have plenty of company (myself and CB here included). :)
On the post: Court Document: The Marilyn Monroe Estate's Licensing Practices Are Deceptive Lying Schemes
Re: Taking care
What, don't tell me it's too soon...
On the post: Cable CEO Is Really Pissed That HBO Hasn't Cracked Down On Streaming Password Sharing
Re: Re: Re: Re: Re: Ah
Your logic fails because you are taking a fixed supply (1 pizza with 12 slices) that has a specific lifetime, and applying it to a non-finite source.
If instead, the Netflix account had '100 hours of streaming a month' I would absolutely agree with you that you could do whatever you wanted with that 100 hours.
There has to be a balance between consumer and producer. If the producer is too insane (which Rutlidge obviously is), then nobody respects the company and is happy to see them go out of business.
The attitude that it's fine to buy one netflix account and spread it out amongst a dozen people because 'it is just like buying a pizza' is a result of over-reach by copyright maximalists. But it doesn't mean that is a correct method of thought.
The problem with this type of response is, you are going anti-copyright maximalist, which just encourages Rutledge to insist on every individual must have a separate account, and demand hundreds of thousands if you and your wife watch at the same time but she doesn't have an account.
People need to be reasonable on both sides. Unfortunately, being reasonable is not en vogue lately. :(
On the post: Cable CEO Is Really Pissed That HBO Hasn't Cracked Down On Streaming Password Sharing
Re: Re: Re: Ah
I have no issues with a household having one login and sharing it amongst everyone who lives there. But as much as I think 'must own everything' is stupid, even I agree that 10 or 12 unrelated people who don't live together (or at best, are in a dorm situation) sharing passwords is piracy.
On the post: Cable CEO Is Really Pissed That HBO Hasn't Cracked Down On Streaming Password Sharing
Re: Ah
On the post: Reputation Management Bro Destroys His, And His Client's, Reputation With Threatening Phone Calls To Defense Lawyers
Glass Houses
On the post: Nearly All Tech Hardware And Services Get Cheaper Over Time -- Except For Cable TV
Re: 80%
I have Dish, and I spend more than $100 a month on it. It's annoying, but I've tried to cut it down, but I have a wife and mother who happen to like radically different channels than I do. And, the ones we like, aren't cord cuttable yet, unfortunately. :( Science Channel (Me), SyFy (Me), NASCAR (Mom), MLB (Wife), SOAP (Wife), as examples.
At the very least, I've always had good customer service from Dish (I quit Comcast over horrible customer service a decade ago).
On the post: AT&T Lawyers Want You To Know That AT&T's CEO Will Never Listen To Customer Suggestions
Re: Proper Way to Handle This
Officially, my really obnoxious lawyers have stated I must respond to you with the following boiler plate.
[Insert Lawyer Puke Here]
Unofficially, I am thrilled that you are happy with our service, and I personally apologize for the above response from the lawyers. We are always looking for ways to improve our customer satisfaction, and we hope that we can get better and better at it, so more customers can feel like you do.
Thank you very much for your communication,
Sincerely,
CEO That Couldn't Care Less
EDIT : Fixed to show what got left out by formatting
On the post: AT&T Lawyers Want You To Know That AT&T's CEO Will Never Listen To Customer Suggestions
Proper Way to Handle This
Officially, my really obnoxious lawyers have stated I must respond to you with the following boiler plate.
Unofficially, I am thrilled that you are happy with our service, and I personally apologize for the above response from the lawyers. We are always looking for ways to improve our customer satisfaction, and we hope that we can get better and better at it, so more customers can feel like you do.
Thank you very much for your communication,
Sincerely,
CEO That Couldn't Care Less
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