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Jul 13, 2018 13:12
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Jul 13, 2018 13:27
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"shaking tea up", or is it just "serving tea in a cup to customers for money"?
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Jul 13, 2018 16:00
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AgentF posted:"shaking tea up", or is it just "serving tea in a cup to customers for money"?
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Jul 13, 2018 17:42
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I'm not sure if this is a win or fail. If they hadn't decided to blur the buttholes, it wouldn't have been a news blip in the least. https://jezebel.com/as-a-cats-butthole-i-am-offended-1827638246
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Jul 18, 2018 04:43
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Pretty sure that hiring Super Deluxe to do your advertising will always count as a failure.
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Jul 18, 2018 19:36
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There's a Chicago-based company called Aloha Poke. They sell poke. Their name consists of a word uniformly associated with Hawaii, combined with the name for the kind of food they sell, which is itself a dish of Hawaiian origin. As you might imagine, there are a number of other poke restaurants calling themselves Aloha Poke. Some of them are actually in Hawaii. The Chicago-based company has been sending out letters to these other restaurants claiming trademark infringement and telling them to change their names: https://www.washingtonpost.com/news...m=.3166121769c7 quote:Aloha Poke would prefer to settle this matter amicably and without court intervention. We therefore request that you immediately stop all use of "Aloha" and "Aloha Poke" in association with selling your food, products and services, and destroy all packaging, marketing materials, advertising, photographs, Internet usage, and all other materials and things that bear the designation of "Aloha" or "Aloha Poke." This demand includes removal of "Aloha" and "Aloha Poke" from any company name, domain name, Facebook page or other social media site, or other source identifier. The notion of a white soyboy from Chicago telling native Hawaiians that they need to change the name of their restaurants to remove the Hawaiian-language words has not gone over well. The company has posted a non-apology apology to their Facebook page, saying it's all a big misunderstanding. It...is not going over well. https://www.facebook.com/Alohapokeco/posts/2162695770681984 quote:Over the past 48 hours, a significant amount of misinformation about Aloha Poke Co. has been shared on social media. We know that this misinformation has caused a considerable amount of anger and offense among those who care very passionately about their Hawaiian culture. First, we want to say to them directly how deeply sorry we are that this issue has been so triggering. It is our sincere hope that this statement can set the record straight and address valid concerns raised by many individuals around issues that are very personal to them. In trademark law, there are different levels of strength for a trademark. The strongest marks are those which are totally unique and non-descriptive, essentially arbitrary, like "Kodak." Means nothing on its own, its only significance is as a brand identifier. Slightly weaker but still very strong are real words used out-of-context, like "Apple Computers" or "Microsoft Windows." Below that are words that are associated with the product they're selling, like "Texas Instruments" or "International Business Machines." Below that are words that actually describe the product being sold. If you go to court with a trademark like that, there's a good chance that you're going to lose your trademark protection. Like there's no way you could trademark "Apple[tm]-brand apple juice." Which is basically what these morons have done. If they wanted a mark they could protect, they should have picked something distinctive, instead of "Aloha Poke." This is like how there are thousands of sushi restaurants out there called "Temaki." These guys picked an almost-totally generic mark and are now trying to throw their weight around to defend it, and are pissing a bunch of people off. Phanatic has a new favorite as of 22:50 on Aug 1, 2018 |
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Aug 1, 2018 22:34
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Didn't McD try to do that a pub in Ireland and the Irish gov told them to gently caress off forever?
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Aug 1, 2018 23:14
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I think GamesWorkshop did something like that with "space marine" which is why they got renamed Adeptus Astartes and the imperial guard became the Astra Militarum
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Aug 1, 2018 23:24
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There's also a Malaysian Indian restaurant named McCurry who won their case against McDonalds.
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Aug 1, 2018 23:25
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Mcdonalds tried to sue a man legally named Ronald MacDonald...
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Aug 1, 2018 23:28
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If you wanna trademark the name of your restaurant so badly, maybe put some actual effort into naming your restaurant and not using literally the first word people think of when they think of Hawaii.
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Aug 1, 2018 23:37
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Doesn't Trump sue people whose last name is also Trump?
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Aug 1, 2018 23:40
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Waffleman_ posted:If you wanna trademark the name of your restaurant so badly, maybe put some actual effort into naming your restaurant and not using literally the first word people think of when they think of Hawaii. My Hawaiian restaurant is Obama Pearl Harbor Five-0.
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Aug 1, 2018 23:43
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My restaurant is “Kenya”.
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Aug 1, 2018 23:57
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Len posted:I think GamesWorkshop did something like that with "space marine" which is why they got renamed Adeptus Astartes and the imperial guard became the Astra Militarum People keep trying to trademark really stupid poo poo. Wal-Mart tried to trademark smiley faces.
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Aug 2, 2018 00:11
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Chas McGill posted:Mcdonalds tried to sue a man legally named Ronald MacDonald... I too remember that episode of Always Sunny
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Aug 2, 2018 00:16
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My restaurant is called Spaghetti and Meatballs. Suck it, Italy!
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Aug 2, 2018 00:24
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ToxicSlurpee posted:People keep trying to trademark really stupid poo poo. Wal-Mart tried to trademark smiley faces. Harley Davidson tried to trademark the sound of an engine exhaust.
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Aug 2, 2018 00:33
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spog posted:Harley Davidson tried to trademark the sound of an engine exhaust. Trademarking a sound is fine. NBC's tri-tone chimes are an example. It's just *really really hard*, since the sound has to be pretty strongly associated with your brand. The NBC tones are, pretty much anyone alive during the heyday of network broadcast TV would, upon hearing those sounds, say "Yeah, that's NBC." Very few people are going to hear an exhaust note and say "Oh, yeah, that's a lovely obsolete V-twin, that's *gotta* be a Harley."
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Aug 2, 2018 00:53
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I hope Harley Davidson installs speakers that make the trademarked engine noise on their electric bikes.
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Aug 2, 2018 00:59
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Didn't a chocolate company trademark a particular shade of purple for use with their chocolates? How well did that turn out for them?
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Aug 2, 2018 01:05
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I think I recall hearing some time back about an artist who had an exclusivity contract with a paint producer that has a trademark on a specific shade of black or black pigment or somesuch, so that artist is the only one in the world who was allowed to work with that color.
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Aug 2, 2018 01:10
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Zanzibar Ham posted:I think I recall hearing some time back about an artist who had an exclusivity contract with a paint producer that has a trademark on a specific shade of black or black pigment or somesuch, so that artist is the only one in the world who was allowed to work with that color. Vantablack, a pigment that can only be made in a lab by arranging carbon nanotubes. There are similar lab-made pigments whose differences are probably imperceptible to the human eye, so vantablack being the darkest pigment known to man is only really useful if you need it for more scientific purposes.
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Aug 2, 2018 01:17
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Said artist is Anish Kapoor, who is responsible for the Bean in Chicago; and has a very public feud with Stuart Semple.
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Aug 2, 2018 01:26
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Mu Zeta posted:I hope Harley Davidson installs speakers that make the trademarked engine noise on their electric bikes. Right now they are working on the oil drip reservoirs to simulate that traditional Harley oil leak.
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Aug 2, 2018 01:26
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Rolling Stones member Bill Wyman sent a cease and desist letter to a local music writer whose birth name was Bill Wyman telling him he couldn't use that name even though Bill Wyman isn't even Rolling Stones' Wyman's real name.
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Aug 2, 2018 01:34
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Memento posted:Didn't a chocolate company trademark a particular shade of purple for use with their chocolates? How well did that turn out for them?
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Aug 2, 2018 02:20
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Krispy Wafer posted:Rolling Stones member Bill Wyman sent a cease and desist letter to a local music writer whose birth name was Bill Wyman telling him he couldn't use that name even though Bill Wyman isn't even Rolling Stones' Wyman's real name. Similarly there's a porn star named Cindy Crawford. People in porn mostly don't use their real names and, well, there's a super model named Cindy Crawford that you may or may not have heard of. The super model sued the porn star only to find out that the woman was actually named Cindy Crawford and was just using her own actual, given name. It made the news in one of those "can you believe this is an actual thing that happened?" kinds of ways.
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Aug 2, 2018 02:36
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Tiggum posted:It's Cadbury and I'm pretty sure it worked out fine for them. AT&T tried to use a similar shade of T-Mobile's magenta for their own budget brand and got bitch slapped pretty quickly. And that wasn't even the exact same shade. ToxicSlurpee posted:Similarly there's a porn star named Cindy Crawford. People in porn mostly don't use their real names and, well, there's a super model named Cindy Crawford that you may or may not have heard of. My favorite Hollywood name change example was a new actor who couldn't use his real name Michael Douglas because someone else was already had it and decided to call himself Michael Keaton instead.
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Aug 2, 2018 03:01
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Krispy Wafer posted:My favorite Hollywood name change example was a new actor who couldn't use his real name Michael Douglas because someone else was already had it and decided to call himself Michael Keaton instead. If memory serves that's a SAG thing. You aren't allowed to have the same screen name as anybody else, ever. That's why we have Michael J. Fox; Michael Fox was already taken but if you toss a J in there... Though his middle name is actually Andrew.
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Aug 2, 2018 03:19
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I think Mattel has a particular colour trademarked as 'Barbie pink'.
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Aug 2, 2018 03:53
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ToxicSlurpee posted:If memory serves that's a SAG thing. You aren't allowed to have the same screen name as anybody else, ever. That's why we have Michael J. Fox; Michael Fox was already taken but if you toss a J in there... IIRC, he thought Michael A. Fox looked and sounded stupid. Pause and it's Michael, A. Fox. CCR's label sued John Fogerty for sounding like John Fogerty on a solo release.
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Aug 2, 2018 04:34
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ToxicSlurpee posted:If memory serves that's a SAG thing. You aren't allowed to have the same screen name as anybody else, ever. That's why we have Michael J. Fox; Michael Fox was already taken but if you toss a J in there... If you ask him what the J is for, his gag response is "jenius". In other stupid copyright news, this past year a lovely romance novelist somehow managed to copyright the word "cocky" (it's the name of her series, and the entendre is intentional) and started suing a poo poo-ton of authors and others. IIRC, she settled out of court from the first countersuit and and then quietly dropped the rest. In more general bad marketing discussion, there's two different commercials I hear regularly on pandora these days on my phone (spotify screws up my bluetooth gamepad so I don't have it). One is a subway commercial trying about 18 months too late to jump on the ASMR bandwagon, with ocean sounds and a woman calmly whispering into your ear with maximum sibilance about sandwiches, and it drives me up the wall, into near nauseous states. Not what you want from a food ad. Also there's an ad with Donald Sutherland waxing poetic about stuff like letting the wind blow through your hair and other hippy sounding natural stuff, and I'll be damned if I have a clue what the ad is for. He must say it quick at the start, because by the time I'm noticing it's the ad, he's already well past describing the product in any way.
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Aug 2, 2018 04:51
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Gene Simmons has a registered trademark for a bag with a dollar sign on it.
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Aug 2, 2018 05:04
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Krispy Wafer posted:Rolling Stones member Bill Wyman sent a cease and desist letter to a local music writer whose birth name was Bill Wyman telling him he couldn't use that name even though Bill Wyman isn't even Rolling Stones' Wyman's real name. I used to work with a guy named Dave Matthews. He headlined a (good) blues band. Lucky for him, he was performing long before the famous Dave Matthews came around. He says he was very polite when the C&D letter arrived. Yes, he kept performing as himself.
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Aug 2, 2018 05:08
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umalt posted:Said artist is Anish Kapoor, who is responsible for the Bean in Chicago; and has a very public feud with Stuart Semple.
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Aug 2, 2018 08:37
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Zereth posted:Somebody made a really vibrant shade of pink, and banned Mr. Kapoor from using it. It comes with a great EULA http://stuartsemple.com/project/worlds-pinkest-pink-50g-powdered-paint-stuart-semple/ quote:*Note: By adding this product to your cart you confirm that you are not Anish Kapoor, you are in no way affiliated to Anish Kapoor, you are not purchasing this item on behalf of Anish Kapoor or an associate of Anish Kapoor. To the best of your knowledge, information and belief this paint will not make its way into that hands of Anish Kapoor.
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Aug 2, 2018 08:44
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Len posted:I think GamesWorkshop did something like that with "space marine" which is why they got renamed Adeptus Astartes and the imperial guard became the Astra Militarum I think this explains why Warhammer's reboot Age of Sigmar gave fancy fantasy names for things used to be called "elves" and "orcs".
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Aug 2, 2018 08:58
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I've been in that walkway in Atlanta and it is hot as gently caress. I was there for a con and there was a guy in the walkway wearing a huge Skeksis costume, he must have wanted to die.
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Aug 2, 2018 09:12
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