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INTEREST: Osaka Company Trademarks 'Pen-Pineapple-Apple-Pen' Meme




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Deynard21



Joined: 30 Dec 2016
Posts: 31
PostPosted: Fri Jan 27, 2017 6:24 pm Reply with quote
This is more than retarded.
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kiminobokuwa



Joined: 18 Sep 2015
Posts: 547
PostPosted: Fri Jan 27, 2017 6:27 pm Reply with quote
Is this for real?? We're trademarking memes now?? Wow 2017..just...WOW..
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Yuvelir



Joined: 06 Jan 2015
Posts: 1584
PostPosted: Fri Jan 27, 2017 6:31 pm Reply with quote
If I'm not wrong, in most cases you can't trademark this stuff if it's already in use, right?
For trademarks, even though you CAN trademark a phrase, it must be related to some goods or services and it must remain active - you cannot sit on a trademark.

If this is true in Japan as well, these guys aren't only scummy but also kinda dumb.
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nagpo



Joined: 30 Dec 2015
Posts: 133
PostPosted: Fri Jan 27, 2017 6:40 pm Reply with quote
Wouldn't trademarking a meme normally kill the meme?
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GamerTimeUSA



Joined: 08 Nov 2014
Posts: 149
PostPosted: Fri Jan 27, 2017 6:58 pm Reply with quote
I thought we left this in 2016? Its not that funny anymore
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Shirohae



Joined: 19 Sep 2014
Posts: 776
PostPosted: Fri Jan 27, 2017 7:23 pm Reply with quote
This so 2016! boring!
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BakaRocka



Joined: 19 Apr 2013
Posts: 63
PostPosted: Fri Jan 27, 2017 7:58 pm Reply with quote
It's kinda pathetic.


I also really want to post a PPAP meme now lol
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NanatsuYoru



Joined: 27 Dec 2012
Posts: 2
PostPosted: Fri Jan 27, 2017 8:18 pm Reply with quote
Hold on, was the trademark filed or was it actually registered
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Kadmos1



Joined: 08 May 2014
Posts: 13567
Location: In Phoenix but has an 85308 ZIP
PostPosted: Fri Jan 27, 2017 9:06 pm Reply with quote
NanatsuYoru wrote:
Hold on, was the trademark filed or was it actually registered

It was filed. A quick search at the US Patent and Trademark Office shows such a stupid meme was not yet filed here.
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CrownKlown



Joined: 05 May 2011
Posts: 1762
PostPosted: Fri Jan 27, 2017 11:31 pm Reply with quote
In theory at least under US law, even if they trademarked it it would hold no value because the original creator could easily prove he was using it well before the trademark. Its actually not required for the original creator to TM something, its just makes it easier to defend.
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NormanS



Joined: 15 Aug 2014
Posts: 167
PostPosted: Sat Jan 28, 2017 4:06 am Reply with quote
Since trollface is protected by copyright, I don't see why this can't be protected either.

Although it's interesting to see a copyright war on the derivative names.
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leafy sea dragon



Joined: 27 Oct 2009
Posts: 7163
Location: Another Kingdom
PostPosted: Sat Jan 28, 2017 4:57 am Reply with quote
Best Licensing Company? They're trademark trolling. They're more like Worst Licensing Company. I hate patent/trademark/copyright trolling. They just make life more difficult for everyone else while they get rich. Or they just kill something's potential for no good reason. It's the least productive way to make money.

kiminobokuwa wrote:
Is this for real?? We're trademarking memes now?? Wow 2017..just...WOW..


If trademarking memes is legally allowed, then, sadly, someone will eventually trademark them. The idea here is obvious: Best intends to either collect legal fees from or threaten legal action to anyone who continues to use the meme. That's what these legal trolls do.

nagpo wrote:
Wouldn't trademarking a meme normally kill the meme?


Quite likely, but it doesn't mean Best can't make money off the people who don't know about it or don't care. That's how that Edge guy worked: He counted on people inadvertently using the word "Edge" in video games, then he'd go straight for the jugular.

CrownKlown wrote:
In theory at least under US law, even if they trademarked it it would hold no value because the original creator could easily prove he was using it well before the trademark. Its actually not required for the original creator to TM something, its just makes it easier to defend.


I'm sure Best's people know that and won't target the originators or people who had been singing "Pen-Pineapple-Apple-Pen" prior to their trademark. (Ryuk is safe, for instance.) I strongly suspect they're going after people who start doing so after they get the trademark. Unless Japanese trademark law is weird and retroactive, which would be horrible.
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Kadmos1



Joined: 08 May 2014
Posts: 13567
Location: In Phoenix but has an 85308 ZIP
PostPosted: Sun Jan 29, 2017 2:02 am Reply with quote
Songs can be trademarked under the USPTO. However, something as short as not-to-be-taken seriously like this is questionable. Heck, I think this is just too stupid to be trademarked here.
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