Re: I don't frikkin believe this
- From: "R. Pierce Butler" <spamsucks@xxxxxxxxxx>
- Date: Fri, 19 Aug 2005 07:45:04 GMT
"RL" <rogue_lion52@xxxxxxxxx> wrote in
news:zZ6dnXshCYeDZpneRVn-rQ@xxxxxxxxxxxxx:
> "Oci-One Kanubi" <rhopley@xxxxxxxxxxxxx> wrote in message
> news:1124395932.652700.143610@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
>> RL wrote:
>> > We'll yes I do and that is depressing.
>> >
>> > Get prepared, because the "patent police" are on the way! I have
> already
>> > been paid a visit.
>> >
>> > I have a story on our website, about the "Biker Bell".
>> > http://www.pkriders.org/bell.htm
>> > I received an e-mail, concerning the "title".
>> >
>> > Here is that correspondence:
>> >
>> > <quote>
>> > ----- Original Message -----
>> > From: bikergoodies
>> > To: Sunny
>> > Sent: Wednesday, August 17, 2005 10:59 PM
>> > Subject: legend of the bell
>> >
>> >
>> > nice website... the term Legend of the Bell is a registered trademark
>> > of D'Pirate Distributing. the serial #76175966 and registration
>> > #2590947
> with
>> > the United States Patent and Trademark office...please give credit or
> remove
>> > from site. thank you,
>> > susan bean
>> > owner, D'Pirate Distributing
>> >
>> > **
>> > My response:
>> >
>> > From: Sunny
>> > To: bikergoodies
>> > Sent: Wednesday, August 17, 2005 10:26 PM
>> > Subject: Re: legend of the bell
>> >
>> >
>> > Webmaster's response:
>> > Please consider credit given, where credit is due.
>> >
>> > Btw, you might want to contact all the "other" websites and
>> > newsgroups
> that
>> > are using that term. [1]
>> >
>> > **
>> >
>> > From: bikergoodies
>> > To: Sunny
>> > Sent: Thursday, August 18, 2005 12:42 PM
>> > Subject: Re: legend of the bell
>> >
>> >
>> > thank you and yes, we are in the process:) [2]
>> > susan bean
>> > d'pirate distributing
>> >
>> > </quotes>
>> >
>> > ==
>> >
>> > It's not like I am trying to take credit for a "term" that thousands
>> > of people use, nor am I profiting from it. As I recall, there have
>> > been several discussions, right here on Reeky, about that particular
> "legend".
>> >
>> > Y'all better not ever mention this "legend" ever again, or you just
> might
>> > get slapped with a lawsuit. Ain't life grand? [3]
>> >
>> > [1] I was being sarcastic. <whoosh>
>> >
>> > [2] See what I mean?
>> >
>> > [3] Me being sarcastic... again.
>> >
>> > P.S. I'll be taking that page down later today, or at least doing a
>> > lot
> of
>> > rewording. Should I?
>> > Also, please note that in this post, I am only quoting this person,
>> > who
> used
>> > the "term", herself.
>>
>>
>> Several points:
>>
>> 1) When that beanbag typed "...the term Legend of the Bell is..." she
>> probably meant '...the term "Legend of the Bell" is...', though if she
>> cannot type a grammatically correct complaint her complaint probably
>> will not stand up in court.
>
> I certainly agree with that statement.
>
>>
>> 2) 'Legend of "The Bell"', which you typed, is not quite semantically
>> equivalent to "Legend of the Bell", which is what she was probably
>> trying to type. So it is unlikely that a case would hold up. Those
>> are two different phrases.
>
> I'm sure that by now, she has hurried back to the patent office.
>
>>
>> 3) You have not attached that "trademark" to any product, so you are
>> not infringing, as far as I can see.
>
> No, I'm not selling anything... yet.
> She'd be better off to go after all those "businesses", that are selling
> bells under that "term".
>
>>
>> 4) The fact that she has registered it does not necessarily mean that
>> the registration will stand up against a legal challenge. The
>> bureaucrats at the patent office are likely to put the rubber stamp on
>> anything without performing a diligent search, but that does not mean
>> that the patent will stick. She might be wise to keep a low profile;
>> if she makes a big stink it may come to the attention of some serious
>> patent-searchers, and approval may be withdrawn.
>
> Oops.
>
>>
>> 5) Good marketing technique: hammer a well-known and well-liked biker
>> for doing something harmless which could actually *help* her sales.
>> Ain't we motorcyclists a buncha mental giants?
>>
>
> Well, I like to think that some of us are. ;)
> I didn't see anything that leads me to believe that she is a
> motorcyclist. She's the owner of a company, in need of a marketing
> director.
>
>>
>> Well you should at least reword "can't bare the presence" as "can't
>> bear the presence".
>
> Hehehe... Fruedian slip. Thanks for the correction. ;)
>
>>Other than that, you could just wait and see if
>> she wants to go to the big expense of taking legal action in order to
>> gain a lot of bad publicity, or just drop the matter in order to limit
>> the bad publicity she is already incurring (I know I'd think twice
>> about dealing with D'Pirate; it's just bad business to deal with stupid
>> people).
>>
>
> I'm rewording the page, right now. She should be "em-bare-assed". She
> just lost any free, good publicity that she might have had, through our
> website.
>
>>
>> Good luck,
>> -Richard Hopley, NaL
>
> Thanks, Richard. :-)
>
> --
Monster Cable was doing close to the same thing. Now they are almost
universally hated.
rj
.
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