tag:blogger.com,1999:blog-5574479.post5842391561436607138..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: Random thoughts on Ms Swift's "sick" trade marksVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-5574479.post-6798826488836877082015-02-23T22:17:13.696+00:002015-02-23T22:17:13.696+00:00Isnt there a problem with the inherent distinctive...Isnt there a problem with the inherent distinctiveness of all of these what are effectively slogan marks or am I missing something?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-16854372717549689372015-02-19T17:54:19.046+00:002015-02-19T17:54:19.046+00:00Anon, my view is that you are wrong. Not everyone ...Anon, my view is that you are wrong. Not everyone using the trademark system is rent seeking, but some are. <br /><br />Some are seeking to protect their brand from being infringed by third parties. Some are trying to develop a new brand and giving public notice of their intention to do so. In both of these cases the trademark system is being used to promote efficiencies, as it helps prevent confusion in the market and serves a notice function as to the use or pending use of a mark in the marketplace. Whether there is a total increase in efficiency/wealth generation is I suppose debatable, but I think generally most would agree that the registration system is a net benefit.<br /><br />There is also those who file applications not based on having used the mark, or even intending to use the mark, but based on a hope that a third party will want to use the mark. When that third party does they will then use their speculative application to force a license, and then use the existence of those licenses to justify the validity of the original mark based on proposed use. This is gaming the system without creating any value,i.e.rent seeking.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-85497795207698369652015-02-19T16:12:41.081+00:002015-02-19T16:12:41.081+00:00James,
The phrase "engage in some rent seeki...James,<br /><br />The phrase "engage in some rent seeking" is just too pejorative to me to want to fish out the point that you are trying to make. In fact, it reinforce my point, as EVERYONE engaging in the trademark system is in fact "engaging in rent seeking."<br /><br />Maybe you can express your view without the emotionally charged language?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-52553437534778591972015-02-18T21:57:09.396+00:002015-02-18T21:57:09.396+00:00Anon at 19:55, I would say there's a differenc...Anon at 19:55, I would say there's a difference between a company who has been using their mark on their product for years applying to register their mark for those goods or services, which may actually serve a consumer protection function, and someone who having had a hit song applies to register every potentially memorable phrase in the song for 100+ goods in the hope that someone else will commercialize a product employing one of the phrases and they can engage in some rent seeking.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-73693909257001013352015-02-18T19:55:20.454+00:002015-02-18T19:55:20.454+00:00The mark on its own is not an item "protected...The mark on its own is not an item "protected"<br /><br />Perhaps those fearing "ownership of words" has a beef with the trademark system in general, because their position here (singled out for one woman) applies universally to every single word mark in the system.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-23787023470536416802015-02-18T14:27:38.828+00:002015-02-18T14:27:38.828+00:00My tactics sure grate
Got nothing in my brain
That...My tactics sure grate<br />Got nothing in my brain<br />That's what people say, mmm-mmm<br />That's what people say, mmm-mmm<br /><br />I go for too many marks <br />To keep people at bay<br />At least that's what people say, mmm-mmm<br />That's what people say, mmm-mmm<br /><br />But I keep bruising<br />Can stop, will stop losing<br />It's like I got this music<br />In my mind<br />Saying, "It's gonna be alright."<br /><br />'Cause the players gonna play, play, play, play, play<br />And the haters gonna hate, hate, hate, hate, hate<br />Baby, I'm just gonna rip, rip, rip, rip, rip<br />I rip ’em off, I rip ‘em off<br />Infringers gonna break, break, break, break, break<br />And the fakers gonna fake, fake, fake, fake, fake<br />Baby, I'm just gonna shake, shake, shake, shake, shake<br />I shake them off, I shake them off<br /><br />I never miss a beat<br />I'm lightning on my feet<br />And that's what they don't see, mmm-mmm<br />That's what they don't see, mmm-mmm<br /><br />I'm dancing on my own (dancing on my own)<br />I make lots and lots of dough (lots and lots of dough)<br />And that's what they don't know, mmm-mmm<br />That's what they don't know, mmm-mmm<br /><br />But I keep bruising<br />Can stop, will stop losing<br />It's like I got this music<br />In my mind<br />Saying, "It's gonna be alright."<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-18047155797738375702015-02-18T09:34:13.763+00:002015-02-18T09:34:13.763+00:00Presumably under US law Ms Swift will have to demo...Presumably under US law Ms Swift will have to demonstrate actual use of the trade marks on all these goods and services before they can be registered.<br /><br />I might ask for a set of THIS SICK BEAT kitchen utensils. Or maybe some COULD SHOW YOU INCREDIBLE THINGS hosiery...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22941214956253782472015-02-18T09:14:25.305+00:002015-02-18T09:14:25.305+00:00Has Ms. Swift's "own intellectual creatio...Has Ms. Swift's "own intellectual creation" really got anything to do with trade marks? Has her right to "express herself in an artistic way and protect this expression against third party exploitation" really got anything to do with trade marks? Those both sound like defences of Ms. Swift's copyright.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-89647882021868329002015-02-17T22:50:28.805+00:002015-02-17T22:50:28.805+00:00I suspect the controversy is that at one time some...I suspect the controversy is that at one time someone singing a song was compensated by those listening to the song. They then got a right to those who wanted to copy the song.<br /><br />This is an attempt to get money from anyone who wants to draw any association with the song, on such things as "Home décor; Furniture; Containers; Pillows; Cushions; Frames; Mirrors; Ornaments; Wind chimes" "Beverageware; Glassware; Dinnerware; Disposable dinnerware; Tableware; Cookware; Kitchenware; Household utensils; Containers…" "Toys; Bean bags; Ornaments; Christmas stockings; Christmas tree decorations; Christmas tree ornaments; Christmas tree accessories…"<br />etc. etc. etc...<br /><br />I think its a legitimate question whether a line of a song should grant any rights on how others can mark their wind chimes and Christmas tree ornaments, no matter how popular that song.<br /><br />Further, the greater the scope of rights provided, the greater the chance of overreach (see Katy Perry's left shark 'copyright' claim for a recent example. In many of these cases you'll have a large company with little or no legal rights 'policing' the mark against a third party who simply cant afford to fight for the right to continue to do what they are legally entitled to do.Anonymousnoreply@blogger.com