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[chaosblade]

I think it's likely that the legal aids googled for forum/social media comments relating to the similarity

GAF did come up as one of the first results on Google with the search fxx looks like exxon logo. Including GungHo's post in the description.

 

[Unspeakable Evil]

The world is a funny place.

 

[Mononoke]

I'm glad I'm not the only one laughing at this.



Corporate lawyers justifying their pay, and a theoretical fear that if you don't pursue every single potential violation, they may eventually lose the ability to successfully defend trademarks from truly valid violations.

I've heard this before, I guess I just didn't understand it. So basically, if you have a logo or trademark, you have to constantly defend it - because if you don't, and people keep using it (or things like it) you eventually will lose the legal right to defend it?

EDIT:

One time I was contacted by a corporate lawyer over a site I did. And I even had a meeting with the owners of said company. They basically explained the same thing. That they didn't make the decision. That they have lawyer who's job is to actively pursue anyone infringing on the their copyright/logo etc. They gave a similar answer, but I guess I never fully understood it.

 

[RoKKeR]

This is amazing.

 

[Elija2]

GAF -> Courtroom -> GAF

There's something hilarious about seeing forum posts and internet handles framed within legal boilerplate.

If this goes to court I really hope someone reads "The Enchanted Goatee" out loud.

 

[Magwik]

This is hilarious.

 

[cuyahoga]

Just want to state I'm definitely on #TeamFXX. I guess you can say I'm totally biased.

Spoiler

I hope someone will find the second sentence mildly amusing.

 

[FYC]

SHITLER GOKU

This thread is incredible

 

[xbhaskarx]

Guys you can't lie in this thread, it would be perjury!

Okay, now for the record everyone please state what percentage tip they leave at restaurants, and their penis size.

 

[toadsworth]

I don't understand how a couple forum posts counts as evidence, but hey what do I know?

 

[Verano]

Fxx use the Chewbacca defense technique!!!!

 

[Smellycat]

Amazing

 

[PsychBat!]

 

[somesayyea]

this is incredible

 

[StickSoldier]

I knew Gaf had a pretty strong foothold in the gaming world, but we're getting into some real world shit right now. This is just the start guys! Obama will be quoting posts from here soon.

 

[Freshmaker]

Now the defense gets to be like "Yes, but have you seen Hateradio and Gungho's other posts on GAF? Honor, for your perusal I'd like to present..."

I hope they are called to testify.

 

[Mumford]

This is so great.

 

[Frustrated_Grunt]

What I say here can be used in court?! I thought I was safe!

 

[Auto_aim1]

Incredible, ExxonMobil is a gigantic company. I think they probably Googled and found these comments.

 

[Wyndstryker]

It's only a matter of time before GAF takes over the world.

Doing it one post at a time.

 

[Zuly]

I don't see how that counts as evidence but hilarious nonetheless.

 

[anexanhume]

Needs to be paid as expert witness.

 

[marrec]

I want to see if a lawyer can cite a post by 'Count Dookkake' with a straight face.

 

[Syph Medwes]

nice

 

[X05]

This is amazing.

I fully expect Ace Attorney antics in this case now.

 

[ReturnOfTheRAT]

That's our legal system at hard work.

 

[Drencrom]

Wow, this is unbelievable

 

[SUPREME1]

Contempt of court, now you going to jail.

Hope it was worth it.

Evilore will bail me out, right? Right???

 

[Dreams-Visions]

time for someone to get a tag.

 

[liquidtmd]

Judge: "Is this new evidence true - is the poster in question a...'known troll' and 'Sonic furry'"?

Defence: "Your honor, your last comment provokes us to place an 'Antoniobanderas.gif' on the record before you. We request you dismiss this case so we can post a 'So good.gif' statement out to the waiting media"

 

[Dan]

I've heard this before, I guess I just didn't understand it. So basically, if you have a logo or trademark, you have to constantly defend it - because if you don't, and people keep using it (or things like it) you eventually will lose the legal right to defend it?

EDIT:

One time I was contacted by a corporate lawyer over a site I did. And I even had a meeting with the owners of said company. They basically explained the same thing. That they didn't make the decision. That they have lawyer who's job is to actively pursue anyone infringing on the their copyright/logo etc. They gave a similar answer, but I guess I never fully understood it.

I just did a quick search to try to find a better explanation. I think it would fall under this:

Trademark rights can also be lost through genericity. Sometimes, trademarks that are originally distinctive can become generic over time, thereby losing its trademark protectionKellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938). A word will be considered generic when, in the minds of a substantial majority of the public, the word denotes a broad genus or type of product and not a specific source or manufacturer. So, for example, the term "thermos" has become a generic term and is no longer entitled to trademark protection. Although it once denoted a specific manufacturer, the term now stands for the general type of product. Similarly, both "aspirin" and "cellophane" have been held to be generic. Bayer Co. v. United Drug Co., 272 F.505 (S.D.N.Y. 1921). In deciding whether a term is generic, courts will often look to dictionary definitions, the use of the term in newspapers and magazines, and any evidence of attempts by the trademark owner to police its mark.

If it's allowed to be overused, there could be risk of the trademark becoming generic and thus unprotected.

 

[sixteen-bit]

time for someone to get a tag.

you're too slow

 

[oneHeero]

hahah wtf

 

[Zeouterlimits]

Your honour!

Amazing situation, love reading usernames in "official" documents, always incongruous.

 

[Lamel]

Incredible.

 

[Deleted member 102362]

There's something hilarious about seeing forum posts and internet handles framed within legal boilerplate.

The b) point is especially funny in this context.

 

[Lionel Mandrake]

http://www.youtube.com/watch?feature=player_detailpage&v=kjK-LzkekCU#t=57

 

[Twio]

My sides, lmao.

 

[Salvor.Hardin]

Wowowow. Fucking amazing.

 

[shadowkat]

LOL

 

[SJRB]

This is crazy.

 

[XiaNaphryz]

This is really just viral marketing for Ace Attorney 5 when it comes out later this month once we get a look at the judge for the case...

 

[Perkel]

i am dying.

Amazing

 

[TheJLC]

Hilarious!

 

[Anteo]

I've heard this before, I guess I just didn't understand it. So basically, if you have a logo or trademark, you have to constantly defend it - because if you don't, and people keep using it (or things like it) you eventually will lose the legal right to defend it?

EDIT:

One time I was contacted by a corporate lawyer over a site I did. And I even had a meeting with the owners of said company. They basically explained the same thing. That they didn't make the decision. That they have lawyer who's job is to actively pursue anyone infringing on the their copyright/logo etc. They gave a similar answer, but I guess I never fully understood it.

From what I understand, it sets a precedent that the company does not care about that thing and thus can be used against them in a later case.

 

[Pitmonkey]

 

[EatChildren]

Motion to call PopGAF to the witness stand.

 

[cajunator]

Fuck exxon. They are such cheapasses they have ONE service rep at night for allocation problems for all of north america. Nobody is gonna mistake your fucking gasoline for this logo

 

[MThanded]

This is crazy.

 

[Chris R]

His new tag is perfect.