|
Seph posted:So what are the implications of this? If I wanted to set up a new social media company, let’s call it Xitter, and use that X as my logo, they couldn’t stop me? The basic question is "could this company's new name/logo/whatever be reasonably confused with existing name/logo/whatever that's already clearly associated with another company that competes with them, to the point where customers might mix them up?". If the answer is "yes", then the first company is probably going to lose a trademark lawsuit. There's plenty of finicky details in trademark law, but the general basics are pretty common-sense.
|
#
?
Jul 24, 2023 15:46
|
|
|
|
| # ? Jun 3, 2024 11:12 |
|
|
I understand that trademarking is to stop competitors knocking off your product. The basis of my question was more that since the font itself is owned by someone else, and Twitter is doing nothing but literally copying the font, can they even claim it as a trademark in the first place. Wouldn’t it be up to the original owners, not Twitter, to enforce the IP?
|
|
#
?
Jul 24, 2023 15:59
|
|
|
Seph posted:I understand that trademarking is to stop competitors knocking off your product. The basis of my question was more that since the font itself is owned by someone else, and Twitter is doing nothing but literally copying the font, can they even claim it as a trademark in the first place. Wouldn’t it be up to the original owners, not Twitter, to enforce the IP? if twitter's new logo is copyright infringement and they have no right to use it in commerce probably does a number on an essential element of a trademark: that you use it in commerce
|
|
#
?
Jul 24, 2023 16:01
|
|
|
Not everything you make is a trademark. That's just copyright (and presumably they sold the right to use that font because that's the whole point of making fonts). A trademark is only something that symbolizes you as the creator. It'd probably be impossible to trademark a font that you're selling for others to use? That makes no sense. Edit: If you're violating copyright in making your trademark I guess that's kind of a funny situation. Clarste fucked around with this message at 16:13 on Jul 24, 2023 |
|
#
?
Jul 24, 2023 16:03
|
|
|
Clarste posted:Not everything you make is a trademark. That's just copyright (and presumably they sold the right to use that font because that's the whole point of making fonts). A trademark is only something that symbolizes you as the creator. It'd probably be impossible to trademark a font that you're selling for others to use? That makes no sense. Thanks I think this is what I was missing. Basically you can have a trademark that’s based on someone else’s copyright, as long as you have a license to use the copyright. Am I right in understanding that the lack of a copyright for Twitter means that I could sell merch with their logo on it, and as long as I’m not claiming to be them, Twitter couldn’t stop me? The original font owner would have to come after me. It would only really be an issue if I was trying to make some knock off social media company in which case the trademark protection would kick in. Seph fucked around with this message at 16:30 on Jul 24, 2023 |
|
#
?
Jul 24, 2023 16:18
|
|
|
It is truly amazing how much of a manchild Elon Musk is. He's had this same idea since he was probably 10, not even an invention or design but just a name. Something out of a comic book. Ten companies later he has fired everyone who could stop him and is finally pushing through his life's ambition, something utterly pointless. Billionaires really are freaks. Presumably someone is going to call it cringe and then he is just going to blow up the moon.
|
|
#
?
Jul 24, 2023 17:14
|
|
|
It's honestly kind of mind-boggling how he decided at like 3am on a Sunday that he was going to change the whole brand for the company, and rolled one out in like 24 hours. That's not how you run a 44 billion dollar company.
|
|
#
?
Jul 24, 2023 17:28
|
|
|
Seph posted:Thanks I think this is what I was missing. Basically you can have a trademark that’s based on someone else’s copyright, as long as you have a license to use the copyright. if twitter has a strong trademark, you selling goods with their trademark can be trademark infringement, not just copyright infringement this is true even if it's, like, t-shirts when twitter doesn't itself sell t-shirts. but this is where the strength of the trademark comes in - a stronger trademark applies outside its traditional use much more than a weak one does.
|
|
#
?
Jul 24, 2023 17:30
|
|
|
Seph posted:Thanks I think this is what I was missing. Basically you can have a trademark that’s based on someone else’s copyright, as long as you have a license to use the copyright. I mean it's a loving X how would they stop you? If it was the twitter bird maybe they could argue that it's so recognizable that even like a t-shirt would imply an official Twitter t-shirt.
|
|
#
?
Jul 24, 2023 17:31
|
|
|
Nitrousoxide posted:It's honestly kind of mind-boggling how he decided at like 3am on a Sunday that he was going to change the whole brand for the company, and rolled one out in like 24 hours. That's not how you run a 44 billion dollar company. He's wanted to do this since forever, "X" has always been the future name of his Everything App. What's mind-boggling is that he didn't use any of that time on concrete prep work and instead did what you say Also Twitter hasn't been a $44B company since a few minutes after he bought it, even Musk admits it's half that at best now
|
|
#
?
Jul 24, 2023 17:32
|
|
|
Nitrousoxide posted:It's honestly kind of mind-boggling how he decided at like 3am on a Sunday that he was going to change the whole brand for the company, and rolled one out in like 24 hours. That's not how you run a 44 billion dollar company. You really have to wonder because every time something goes down like this it's done the same way. It's either a manic episode or prescription stimulant abuse because there is no other explanation for the absolute explosion of work that randomly comes about without any regard for value or safety. I can't honestly see Musk snorting coke but popping way too much adderall then standing dead still in the middle of his office for ten minutes before running off to send a lot of emails seems entirely plausible.
|
|
#
?
Jul 24, 2023 17:33
|
|
|
Seph posted:Thanks I think this is what I was missing. Basically you can have a trademark that’s based on someone else’s copyright, as long as you have a license to use the copyright. Clarste posted:I mean it's a loving X how would they stop you? If it was the twitter bird maybe they could argue that it's so recognizable that even like a t-shirt would imply an official Twitter t-shirt. To add to this, I feel like you're trying to come up with some legal loophole or whatever, but the legal standard really is "do we think this might cause confusion?" It's not some arcane formula, it's a matter of applying common sense. If you, personally, think it shouldn't be allowed then it probably isn't because that's exactly what the standard is.
|
|
#
?
Jul 24, 2023 17:45
|
|
|
Re: All the "metaverse" stuff, the origins of the metaverse hype bubble mainly came from one thing: Roblox making a lot of money. Then it turned into this other thing because Epic wanted to get in on the Roblox train with Fortnite, and was amplified by some courtroom maneuvering in their lawsuit with Apple where it was beneficial for Epic to describe Fortnite as a "metaverse" and not a "game." Then Zuck decided that this was time to unleash his grand vision: Combining social media, VR, and Second Life! You might notice that Roblox and "social media VR Second Life" are completely different things and Fortnite is neither of those things, so none of this makes any sense, and you'd be right.
|
|
#
?
Jul 24, 2023 17:45
|
|
|
Xpost from Musk thread: Today I woke up banned. (technically suspended.) I was racking my brains to figure out why. My husband: You criticized the X logo. He's right. Yesterday I posted two images proving that the X logo was the X Windows System logo.
|
|
#
?
Jul 24, 2023 17:50
|
|
|
Clarste posted:To add to this, I feel like you're trying to come up with some legal loophole or whatever, but the legal standard really is "do we think this might cause confusion?" It's not some arcane formula, it's a matter of applying common sense. If you, personally, think it shouldn't be allowed then it probably isn't because that's exactly what the standard is. I’m not trying to come up with loopholes, I am trying to understand how this works and what potential implications there could be for Twitter. It was not immediately clear to me, a layman, what the implications would be from a situation like this where Twitter has taken something that already exists and is copyrighted and used it as their own logo. I appreciate the discussion here for helping me figure it out even if you found it tedious or whatever the tone of your post is suggesting.
|
|
#
?
Jul 24, 2023 18:01
|
|
|
Arsenic Lupin posted:Xpost from Musk thread:
|
|
#
?
Jul 24, 2023 18:08
|
|
|
There must be a bunch of existing trademarks that at least somewhat conflict given that this is a letter and Twitter operates in every jurisdiction in the world
|
|
#
?
Jul 24, 2023 18:14
|
|
|
FlamingLiberal posted:Wait really 100% true. They haven't responded to my "what did I do?" but here's (a screencap of, because suspended) the post. 
Arsenic Lupin fucked around with this message at 18:45 on Jul 24, 2023 |
|
#
?
Jul 24, 2023 18:16
|
|
|
Might want to scrub your handle there...
|
|
#
?
Jul 24, 2023 18:19
|
|
|
USPTO does have a bunch of image marks that are various stylized Xs. I haven't actually found the X11 one since the search is... quirky.
|
|
#
?
Jul 24, 2023 18:28
|
|
|
evilweasel posted:if twitter has a strong trademark, you selling goods with their trademark can be trademark infringement, not just copyright infringement and yet musk and tesla dont seem to care about all the fake tesla product videos that are on youtube or birdsite?
|
|
#
?
Jul 24, 2023 18:38
|
|
|
Absurd Alhazred posted:Might want to scrub your handle there...
|
|
#
?
Jul 24, 2023 18:40
|
|
|
OneEightHundred posted:Re: All the "metaverse" stuff, the origins of the metaverse hype bubble mainly came from one thing: Roblox making a lot of money. These people still have no idea what a video game is.
|
|
#
?
Jul 24, 2023 18:58
|
|
|
Ghost Leviathan posted:These people still have no idea what a video game is. Whether Fortnite was a game was a salient issue in the Epic v Apple lawsuit so there wasn't much incentive to be objectively clear about it there. Epic was arguing that Apple was committing monopoly abuse in the market of iOS software and thus victimizing Fortnite in that category, while Apple was arguing they were a minor player at best in the market of video games where Fortnite properly belonged as a vibrant multiplatform title
|
|
#
?
Jul 24, 2023 19:08
|
|
|
PhazonLink posted:and yet musk and tesla dont seem to care about all the fake tesla product videos that are on youtube or birdsite? The cloud of hangers-on and sycophants relentlessly providing free advertising for their products is something Musk doesn't really have an issue with.
|
|
#
?
Jul 24, 2023 19:16
|
|
|
https://twitter.com/Syn0nymph/status/1683523834899570702?s=20 EDIT:  https://twitter.com/waynesutton/status/1683563753898668032?s=20 Dick Trauma fucked around with this message at 21:50 on Jul 24, 2023 |
|
#
?
Jul 24, 2023 19:43
|
|
|
E. Fb I was thinking this was another "twitter bird is now doge" level joke but wow if they are taking down building signs I guess it's real. L m a o
|
|
#
?
Jul 24, 2023 21:55
|
|
|
Dick Trauma posted:https://twitter.com/Syn0nymph/status/1683523834899570702?s=20 I guess instead of X it's rebranding to TER
|
|
#
?
Jul 24, 2023 21:57
|
|
|
haveblue posted:I guess instead of X it's rebranding to TER I could see Musk being a TERF without the F
|
|
#
?
Jul 24, 2023 22:07
|
|
|
Quick, while he's abandoned the trademark, someone register Twitter and just have it be Twitter: A Something Awful Company. That way, when he has to go back because everyone else is a step ahead of him regarding the X copyright, he has to pay all of us off.
|
|
#
?
Jul 24, 2023 22:32
|
|
|
n/m
|
|
#
?
Jul 24, 2023 23:08
|
|
Young Freud posted:Quick, while he's abandoned the trademark, someone register Twitter and just have it be Twitter: A Something Awful Company. That way, when he has to go back because everyone else is a step ahead of him regarding the X copyright, he has to pay all of us off. You have to actually be conducting business in commerce using the mark. I'm not sure we'd want to sully the Something Awful brand with that association.
|
|
|
#
?
Jul 24, 2023 23:15
|
|
|
Twitter used to be more popular in Japan before Musk took over, also the X symbol generally means "fail" or "do not want" over there too lol. The Xbox release there was a joke, and when the Xbox one released it was an even bigger joke because "one" (wan) is onomatopoeia for a dog barking. Mercury_Storm fucked around with this message at 23:30 on Jul 24, 2023 |
|
#
?
Jul 24, 2023 23:24
|
|
|
How soon after rebranding can someone else swoop in to use the old trademark?
|
|
#
?
Jul 24, 2023 23:33
|
|
|
Mercury_Storm posted:Twitter used to be more popular in Japan before Musk took over, also the X symbol generally means "fail" or "do not want" over there too lol. It has those connotations here too, if you're a baseball or price is right fan 
|
|
#
?
Jul 24, 2023 23:35
|
|
|
whydirt posted:How soon after rebranding can someone else swoop in to use the old trademark? I would put better odds on them selling it.
|
|
#
?
Jul 25, 2023 01:27
|
|
|
Twitter has been a massive net negative to the human race so crossing fingers this kills it
|
|
#
?
Jul 25, 2023 01:48
|
|
|
I doubt Elon will shut it down completely, but I think at some point he's going to drive everyone away except the hardcore Musk cultists
|
|
#
?
Jul 25, 2023 01:59
|
|
|
Alctel posted:Twitter has been a massive net negative to the human race so crossing fingers this kills it I think a lot of users were willing to overlook Elon's stupidity/bigotry as long as it didn't interrupt their actual day-to-day use of Twitter. Now every decently sized creator/brand/etc has to update all their info about "Find us on Twitter" and if you're already redoing all of that then the friction of dumping Twitter altogether becomes a lot less.
|
|
#
?
Jul 25, 2023 02:00
|
|
|
|
| # ? Jun 3, 2024 11:12 |
|
|
https://twitter.com/dekubrush/status/1683636301139156992?s=20
|
|
#
?
Jul 25, 2023 02:48
|
|