Byte Rights: Going Too Far™

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wut

All rap musicians that have the lyrics "yo yo" are being sued by the Yo-Yo Corp.

This is untrue of course, but this is the kind of nonsense that companies are building up to if they win enough of these lawsuits.

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Queenof1

Before reading the article, I would have thought that Colleen used crackerjack because that one of her favorite snacks, not that Crackerjack / Frito-Lay was sponsoring her. It's disgusting that these huge corporations have nothing else better to do than pick on someone smaller. Don't you think they should have generated positive media attention by offering her sponsorship instead of taking her to court? I read in another article that the team that Colleen plays for and Frito Lay are based in the same state.

Has FL sued the other things / companies using Crackerjack?

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ethanajs

to Quinn

your articles always suck please stop writing them, they are also boring. oh and your ugly too. that is all

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rocketman_2004

really?

like, seriously...

non-tech copyright stupidity and software copyright DRM stupidity are different battles in the same war, totally related...

...i like this column

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dag1992

Then why don't you write the article? Jeez, some people lack simple respect.

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possessed

Kids these days. *shakes head in disgust*

 And learn some proper English if you are gonna denigrate someone.

 Keep up the good work Quinn.

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zeringue

I am not sure how rollerderby and a lawsuit with Frito Lay is something a MPC reader cares about.  A lawsuit with MS, google, Ubuntu or some MPC related topic perhaps.  Like i have said before why are you here?  The newsworthiness of the great rollerderby and crackerjack scandal is hardy worth the bits its written with.

 

 

 

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fourfinger

let Quinn handle the commentary... (to yo, yo yo...)

We need a system in place that throws out "unwarranted" litigation before it goes to the courts...

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lostcause64

That's the problem... We have the best legal system that money can buy...

John

Have you ever wondered why intelligence can normally be found in an individual, but runs screaming in terror from a group? Though, there are exceptions...

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M0nst3rB0y

Mind if I forward your idea about a game based on "roller derby girls beating the crap out of each other" to Nintendo? 

Grocho Marks once got into a trademark dispute with Warner Brothers over the word "Casablanca".  He threatened to counter sue over the use of the word "Borthers."  http://www.riles.org/musings8.htm

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MaxFan

Frito-Lay is arguing that the Adjective crackerjack and the Proper Noun and trademark Cracker Jack are the same?  Looks to me as if Cracker Jack and crackerjack are two different words.  Meaning, whether Derived or Implied cannot stand as valid when debating infringement when the actual terms are different.  In other words if Frito-Lay has a trademark on Cracker Jack that does not mean that they own all derivations of the name.  They would need to apply for trademarks on each and every derivation.  Its why V1agra from Pf1zer can exist.  In addition no trademark can exist on words in general use prior to the application for trademark.  Therefore any competent jurist, eg one NOT from Tyler Texas is going to rule in favor of the defendant on grounds that Frito-Lays argument is specious and provides a pathway to monopoly on the use of otherwise normally accepted english words.  A scary thought indeed.

 

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tkid124

V1agra from Pf1zer cannot exist legally. As you said, any reasonable judge, sadly that excludes one from my home state, would rule against this. Can I compete with Viagra, you bet, can I have a great marketing campaign, yes, can I try to steal their customers, yes I can and within the letter of the law. Can I try to trick their customers into buying my product thinking it is Viagra? Nope, not without breaking laws and being sued successfully.
I don’t want to buy a stick of memory only to find out it isn’t really Kingston, but it’s K1NGston, a cheap brand that puts little money into R&D because they intend to trick consumers into buying their product thinking it is a great stick of memory produced by a good company. Trademark is actually designed to protect consumers. It is not profitable to build up a brand of quality products and then have some knock off pretending to be that brand makes money off of innovation. Therefore if innovation is worth less money, companies will innovate less.
And yes some trademark lawsuits have gotten out of control.

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nekollx

 Quote(tm) for (C) Truth (R)

especially the last line (patent pending)

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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Tekzel

You are wrong about one thing, "V1agra from Pf1zer" would fail miserably in court, and it should.  It is obviously designed to confuse the consumer.

As for the Crackerjack thing, I agree. However, it isn't important if they would win, only if they can use the threat of court to keep someone from using it.  It isn't clear that she would win if she DID go to court, but it IS clear that she would spend a lot of money either way.  The judicial system in this country is structured so as to protect the big guys interest, not the little guys.  It is messed up, but good luck fixing it when the big guy controls everything.

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mesiah

I remember as a kid being taught in school that companies can not copyright or trademark words or phrases that where proven to be parts of the english language before the companies use of the word. Hence why Jell-o is a trade mark but jelly is not. With every passing day court rulings over intellectual property baffle me more and more.

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nekollx

 yo yo yo! Those Frito-Lay Jacks are Crackers, WORD to your motha!

------------------------------
Coming soon to Lulu.com --Tokusatsu Heroes--
Five teenagers, one alien ghost, a robot, and the fate of the world.

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