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Deynard21
Joined: 30 Dec 2016
Posts: 31
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Posted: Fri Jan 27, 2017 6:24 pm
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This is more than retarded.
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kiminobokuwa
Joined: 18 Sep 2015
Posts: 547
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Posted: Fri Jan 27, 2017 6:27 pm
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Is this for real?? We're trademarking memes now?? Wow 2017..just...WOW..
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Yuvelir
Joined: 06 Jan 2015
Posts: 1584
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Posted: Fri Jan 27, 2017 6:31 pm
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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
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Posted: Fri Jan 27, 2017 6:40 pm
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Wouldn't trademarking a meme normally kill the meme?
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GamerTimeUSA
Joined: 08 Nov 2014
Posts: 149
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Posted: Fri Jan 27, 2017 6:58 pm
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I thought we left this in 2016? Its not that funny anymore
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Shirohae
Joined: 19 Sep 2014
Posts: 776
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Posted: Fri Jan 27, 2017 7:23 pm
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This so 2016! boring!
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BakaRocka
Joined: 19 Apr 2013
Posts: 63
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Posted: Fri Jan 27, 2017 7:58 pm
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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
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Posted: Fri Jan 27, 2017 8:18 pm
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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
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Posted: Fri Jan 27, 2017 9:06 pm
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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
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Posted: Fri Jan 27, 2017 11:31 pm
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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
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Posted: Sat Jan 28, 2017 4:06 am
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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
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Posted: Sat Jan 28, 2017 4:57 am
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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
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Posted: Sun Jan 29, 2017 2:02 am
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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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