NationStates Jolt Archive


;-) emoticon trademarked

The Archregimancy
13-12-2008, 11:40
A Russian has trademarked the wink emoticon:

http://www.theage.com.au/news/technology/web/winking-emoticon-trademarked/2008/12/12/1228585088693.html


"Legal use will be possible after buying an annual licence from us," he was quoted by Kommersant as saying. "It won't cost that much - tens of thousands of dollars."

He also said since other similar emoticons - :-) or ; ) or : ) - resemble the one he has trademarked, use of those symbols could also fall under his ownership.


In slight fairness, he also states that:

Oleg Teterin, president of the mobile ad company Superfone, said Thursday he doesn't plan on tracking down individual users following the decision by the federal patent agency.

"I want to highlight that this is only directed at corporations, companies that are trying to make a profit without the permission of the trademark holder," he said in comments to NTV.


But still....

And can Russian trademark law be enforced outside Russia?

By marrying a Russian, am I liable to pay?*




*Tongue in cheek on that one - but felt I had to avoid use of the ;-), just in case. Except I just used it. Oh nooooooo!
Callisdrun
13-12-2008, 11:46
Wow that's stupid. Good luck trying to enforce it.
Seathornia
13-12-2008, 11:52
That would be like me trademarking the word "water".

It's stupid.
Philosopy
13-12-2008, 11:54
That would be like me trademarking the word "water".

I think you'll find that I own that trademark.

You owe me ten thousand dollars for its use there, please. Additional licences for further use can be purchased for just one hundred thousand dollars a year.
Ardchoille
13-12-2008, 11:57
This is obviously a way for all NSers to repair our failing fortunes. Let us seek copyright on internet memes, lolspeak, l337, etcetera.

Dibs on OMG WTF.

Proof that it's mine: my son had it engraved on a very posh pair of scissors he bought me for my recent Birthday of Doom. The top blade says OMG WTF (doomladen number).

The man at the engravers' asked him if he was sure he wanted that on a present for a person of (doomladen age).
Big Jim P
13-12-2008, 12:05
This is obviously a way for all NSers to repair our failing fortunes. Let us seek copyright on internet memes, lolspeak, l337, etcetera.

Dibs on OMG WTF.

Proof that it's mine: my son had it engraved on a very posh pair of scissors he bought me for my recent Birthday of Doom. The top blade says OMG WTF (doomladen number).

The man at the engravers' asked him if he was sure he wanted that on a present for a person of (doomladen age).

I am now 90% certain that I know how old YOU are.:tongue:

BTW I turn 41 tomorrow, so I am unlikely to give you any grief about turning *doomladen age*

Edit:BTW, I want the copyright to BTW
Ardchoille
13-12-2008, 12:07
As old as my tongue, a little older than my teef.

Teeth.

Dammit, they don't fit.
Longhaul
13-12-2008, 12:10
Dibs on OMG WTF.
BTW, I want the copyright to BTW
Noted... I'll take 'lol', and the number 1337.

/retires
Laerod
13-12-2008, 12:11
A Russian has trademarked the wink emoticon:

http://www.theage.com.au/news/technology/web/winking-emoticon-trademarked/2008/12/12/1228585088693.html





In slight fairness, he also states that:




But still....

And can Russian trademark law be enforced outside Russia?

By marrying a Russian, am I liable to pay?*




*Tongue in cheek on that one - but felt I had to avoid use of the ;-), just in case. Except I just used it. Oh nooooooo!
Hm. Well, Russian trademarks being enforceable outside of Russia would depend on whether Russia is signatory to international agreements on copyrights and trademarks. 'Course, the question remains whether you could actually trademark a universally used symbol...
Crystalliniah
13-12-2008, 12:13
They doing what!?

This is now on my top ten most stupid things i heard ;-)

ZOMG i used it! ;-) and again! so sue me

Really though this is just ridiculous, how they even managing to get that through anyway having people no shame?

If people are doing this i'll have "SRLSY?" and variatons of it
;-)*

*I used it again!
Laerod
13-12-2008, 12:13
Noted... I'll take 'lol', and the number 1337.

/retiresSweet, now you can sue CAD.
Gauthier
13-12-2008, 12:15
There's nowhere near enough polonium they can send to anyone who does this ;-)

:tongue:
The Archregimancy
13-12-2008, 12:39
As the OP, I claim the trademark on this thread, and all of its contents.

This includes a 10% royalty on all other trademark claims made in the thread, including, for example, Ardchoille's trademarking of 'OMG WTF'.

Each subsequent post made in this thread is subject to my claiming a still-to-be-confirmed fee.

An exemption from the by-post fee may be acquired through a still-to-be-confirmed one-time lifetime payment.

The precise nature of the payments will be announced as soon as I can get a Russian court to recognise my trademark.

Edit:
(Zimbabwean Dollars not accepted)
One-O-One
13-12-2008, 13:26
:rolleyes:
Risottia
13-12-2008, 14:16
And can Russian trademark law be enforced outside Russia?

I think it's in some clause of the WTO agreements, but I don't know the details.

;) , btw.

I copyright the following words: "registered", "trademark", "intellectual", "property" and "copyright". All trademarks, copyrights and intellectual properties who didn't pay me my rightful royalties are invalidated, ex post and ex ante.
SaintB
13-12-2008, 14:24
I would like to announce I am officially trademarking the word's "Barack" "Obama" "Brrack Obama" "Credit Crunch" "Credit" "Crunch" and "STFU".

I am also copyrighting the entire phrases "Tits or GTFO" and "Pics or it didn't happen"
South Lorenya
13-12-2008, 14:34
I hereby copyright the entire cyrillic alphabet -- any russian who uses it must pay me one [american] dollar per letter. :p

EDIT: While we';re at it, I declare a copyright on all other alphabets. Mwahahahahahahahahahaha!
HC Eredivisie
13-12-2008, 14:37
I copyright Guanine and for every one you have, I receive 0.01 cents.

Though that still causes Zimbabwian inflation.
Barringtonia
13-12-2008, 14:39
I copyright Guanine and for every one you have, I receive 0.01 cents.

Though that still causes Zimbabwian inflation.

I'm sorry, are you using HC Eredivisie™?

*initiates legal proceedings in European Courts*
HC Eredivisie
13-12-2008, 14:40
I'm sorry, are you using HC Eredivisie™?

*initiates legal proceedings in European Courts*
Too late, that's been copyrighted already by the casino's in Holland.;)
Barringtonia
13-12-2008, 14:41
Too late, that's been copyrighted already by the casino's in Holland.;)

Yes, by me, and I'm surprised you have the gall to continue posting, the bill's racking up.
Blouman Empire
13-12-2008, 14:59
Is it only this on ;-)?

I hope so, because than I can continue to use this one ;)

In fact I will copywright this one.
HC Eredivisie
13-12-2008, 15:00
Yes, by me, and I'm surprised you have the gall to continue posting, the bill's racking up.So you're the Dutch goverment?:tongue:

But you've been replicating DNA I see, you owe me money.
Gravlen
13-12-2008, 15:21
Russian patent service says no to trademarking ;-)

MOSCOW (AP) — A Russian news agency says patent authorities deny a businessman's claim that he has trademarked a symbol used widely in e-mail, text and instant messages.

Oleg Teterin said Thursday he had gotten a trademark for ;-) a grouping of punctuation marks that denotes a smiling wink when looked at sideways.

He said he expected corporations to pay thousands of dollars for a license to use the symbol.

The Rospatent federal patent agency tells the RIA-Novosti news agency that the symbol was trademarked only as part of the company's brand and has not been trademarked on its own.

Neither Teterin nor patent officials could be reached for comment late Friday.


Link (http://www.google.com/hostednews/ap/article/ALeqM5jpiL0ADI-MjeJ62Ak-ISFJbZRvEAD951AMAO1)

Russia’s patent authority, Rospatent, has ruled that the smiley graphic cannot be registered as a trademark. This means that firms are free to use the graphic symbol as part of their brand names, but nobody can claim exclusive rights to its use.

Naturally, no one can demand compensation from other firms for using it in their promo materials.

”The smiley graphic symbol is incapable of individualising the products and can’t fulfill the function of a trademark, therefore it can’t be registered as one,” says Rospatent’s statement.
http://www.russiatoday.com/features/news/34577

So yeah.

And someone here should read up on what "Trademarking" really entails...
Western Mercenary Unio
13-12-2008, 16:08
I register the word ''noob''.
No Names Left Damn It
13-12-2008, 16:17
I get ROFL.
The Archregimancy
13-12-2008, 16:34
So yeah.

Drat.


And someone here should read up on what "Trademarking" really entails...

Guilty, m'lud. In all the excitement, my last post sort of confused trademarks and copyright.


Though you never know what's worth trying. Back in the late 90s, some Japanese tried to patent curry... (http://www.atimes.com/ind-pak/AI17Df01.html)
Neo Art
13-12-2008, 16:38
I call "y so srs?"
Gauthier
13-12-2008, 19:09
I call "y so srs?"

-Watches a litigation from DC run down NA like a convoy of semis-
Redwulf
13-12-2008, 19:16
I hereby copyright the entire cyrillic alphabet -- any russian who uses it must pay me one [american] dollar per letter. :p

EDIT: While we';re at it, I declare a copyright on all other alphabets. Mwahahahahahahahahahaha!

Fine, I copyright numbers. All of them.
Myedvedeya
13-12-2008, 19:21
I hereby copyright any image with a cat on it.
The Archregimancy
13-12-2008, 19:28
I hereby copyright all expressions of human thought, both material and non-material.
Great Void
13-12-2008, 19:39
I copyrighted 'ar'. You ar*e to pay me multiple Euros every time you use it. Planning on to copyrighting *m*.
The Cat-Tribe
13-12-2008, 19:43
Link (http://www.google.com/hostednews/ap/article/ALeqM5jpiL0ADI-MjeJ62Ak-ISFJbZRvEAD951AMAO1)


http://www.russiatoday.com/features/news/34577

So yeah.

And someone here should read up on what "Trademarking" really entails...

Spoilsport. :hail:

Not to worry, NSG won't let little things like facts and ignorance of intellectual property laws get in the way of a fun rant. :eek:
H N Fiddlebottoms VIII
13-12-2008, 19:47
Spoilsport. :hail:

Not to worry, NSG won't let little things like facts and ignorance of intellectual property laws get in the way of a fun rant. :eek:
Who doesn't like taking the the single most predictable joke available and running it well into the ground?
Rambhutan
13-12-2008, 20:04
In the interests of flogging a dead horse I copyright ©,™ and ®
The Archregimancy
13-12-2008, 20:19
In the interests of flogging a dead horse

http://i271.photobucket.com/albums/jj131/stevegrochol/BeatDeadHorse.gif
The Cat-Tribe
13-12-2008, 20:26
In the interests of reviving this thread on a real topic and at the expense of what little remains of my sanity, I ask what are my fellow NSGers thoughts on intellectual property (copyrights, patents, trademarks) in general.

It seems from this thread and from past threads that people here (1) object to the notion of intellectual property period and/or (2) think most intellectual property laws are vastly absurd. Is that true?
The Cat-Tribe
13-12-2008, 20:39
Some useful links re U.S. copyright, patent, and trademark law:

Copyright Basics (pdf) (http://www.copyright.gov/circs/circ1.pdf)
Frequently Asked Questions (FAQ) about Copyright (http://www.copyright.gov/help/faq/)
Taking the Mystery Out of Copyright (for students and teachers) (http://www.loc.gov/teachers/copyrightmystery/)
About Patents (http://www.uspto.gov/main/patents.htm)
General Information Concerning Patents (http://www.uspto.gov/web/offices/pac/doc/general/index.html)
Basic Facts about Trademarks (http://www.uspto.gov/web/offices/tac/doc/basic/)


One fact that may be of interest: The U.S. Constitution expressly provides for intellectual property law in Article I, Sec. 8, Clause 8:

The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

See also Findlaw annotations (http://caselaw.lp.findlaw.com/data/constitution/article01/39.html#1)
Exilia and Colonies
13-12-2008, 21:23
To put an end to all this I'm copyrighting the work Copyright and refusing to let anyone use it to prevent further copyrighting/suing for breach of copyright
The Archregimancy
13-12-2008, 22:27
In the interests of reviving this thread on a real topic and at the expense of what little remains of my sanity, I ask what are my fellow NSGers thoughts on intellectual property (copyrights, patents, trademarks) in general.

It seems from this thread and from past threads that people here (1) object to the notion of intellectual property period and/or (2) think most intellectual property laws are vastly absurd. Is that true?

I'm willing to give that a serious answer.

1) I don't object to intellectual property at all. I've written several (academic) books and book chapters, and would be appalled at the idea that someone could infringe my copyright or steal my intellectual property.

2) I don't believe intellectual property laws are absurd. The idea that someone could copyright an emoticon that they didn't originate as their trademark was absurd, but the Russian courts agreed, and no trademark was granted. Clearly, in this case, the intellectual property laws worked; even in Russia* the idea was so patently ludicrous that it was thrown out.





* (in Soviet Russia, your intellectual property trademarks you).
Rambhutan
13-12-2008, 22:57
There is no capitalism without intellectual property law. Though the concept of "fair dealing" is a pain to deal with, like juggling eels.
South Lorenya
13-12-2008, 23:09
Copyrighting is a good thing, but they shouldn't be so obsessive over it. Walt Disney has been rolling in his grave since 1976.
Trotskylvania
13-12-2008, 23:39
There is only one thing I have to say to this.

;) ;) ;) ;) ;) ;) ;) ;)
Collectivity
13-12-2008, 23:51
Some yank got the copyright on "Waltzing Matilda". However, Australia showed admirable restraint in not copywriting "The Star Spangled Banner" in retaliation. Actually "Advance Australia Fair" is Australia's National Anthem but any copyright hijacker probably wouldn't be bothered with that one.

Nah! The law is an ass it it lets some smary pimply-faced slimebag rip off other people's stuff just because noone got around to copywriting it when they offered it to the world.
Ifreann
14-12-2008, 00:00
Silly Russia, the West controls the internets.
Gravlen
19-12-2008, 00:11
Spoilsport. :hail:

Not to worry, NSG won't let little things like facts and ignorance of intellectual property laws get in the way of a fun rant. :eek:

Well, you can't be around to dole out the facts all the time either ;)

And to answer your question somewhat? The intangibility of intellectual property rights makes my head spin. The notion that you can own an idea just doesn't sit right with me. While I respect the rationale behind the regulations, and don't see any other way around it (especially in our marked-oriented world) I still have some problems with it.
greed and death
19-12-2008, 00:20
I think it's in some clause of the WTO agreements, but I don't know the details.

;) , btw.

I copyright the following words: "registered", "trademark", "intellectual", "property" and "copyright". All trademarks, copyrights and intellectual properties who didn't pay me my rightful royalties are invalidated, ex post and ex ante.

too bad Russia isnt a member of the WTO.
Amor Pulchritudo
19-12-2008, 01:08
;)

Also, you're fired.
Hoyteca
19-12-2008, 04:49
Silly Russia, the West controls the internets.

Yeah. Russia's still too stuck in the Cold War to have any control over tubes. Why, if they ever got the technology to make tubes, our internets are in trouble.

And so nobody copyrights or trademarks it, my new religion, tentatively called "Hoyteca's kickass new religion", shall be trademarked by me, Hoyteca. And I shall use these "copyright laws" to force everyone to convert. We observe dual-religiousness (or bireligiosness), so you internet athiests will have no choice. Muhuhahaha.

I also copyrighted laughing, so no lulz or lol for you. And also no roflcoptors or lollocausts.