login info join!
Forums > No Forum!> No thread name Search   Reply
first2345678last
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
I never heard of JoeShmo suing or doing any more than bitching if 2 stores had too-similar names and he got oh so confused!

But what if JoeShmo pays $10,000 thinking he's buying a Rolex when in fact it is a counterfeit that breaks in a week?

He'll complain then.

Jan 15 13 09:15 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:

And the purpose of a trademark is to help consumers find them and return to them.

Help consumers.

Consumers.

Only partially.  Secondarily in daily life and reality. 

Still, what would you limit copyright protection to and why>

Jan 15 13 09:15 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:
But what if JoeShmo pays $10,000 thinking he's buying a Rolex when in fact it is a counterfeit that breaks in a week?

He'll complain then.

right, and he can sue the seller (if he can find their streetcorner cart)...

but that happens everyday.  It hurts ROLEX, they sue.  It hurts him, he sues.  But I don't see your PRIMARY evidence.

The BUSINESS chose to protect its brand, now Joe has more EVIDENCE to sue the counterfitter.  they didn't do it to serve humanity, that's a nice bonus

Jan 15 13 09:17 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
Still, what would you limit copyright protection to and why>

I told you multiple times I have no problem with even the current law, (which is something like the lifetime of the author plus 70 years.)

But that's enough.

Where would Disney be without the public domain?

Snow White? Sleeping Beauty?

Jan 15 13 09:19 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
they didn't do it to serve humanity, that's a nice bonus

No, governments created trademark law to serve humanity.

Jan 15 13 09:20 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:

I told you multiple times I have no problem with even the current law, (which is something like the lifetime of the author plus 70 years.)

But that's enough.

Where would Disney be without the public domain?

Snow White? Sleeping Beauty?

SO the author (in my copyrights, I assume in Disney's) is the studio. So lifetime of Disney plus 70 years is OK with you?   then why this thread>

Jan 15 13 09:20 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:
No, governments created trademark law to serve humanity.

Funny, but I can find NO historical basis that shows that. 

Neither can you.

The brits allowed Bass Ale to trademark the logo to serve humanity, or to prevent crappy competitors from runining the company?  Methinks the owners of bass asked the crown for help

The old Roman swordmaker was protecting humanity or encouraging repeat business when he marked his swords?

Jan 15 13 09:21 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
then why this thread>

Because it's not going to stay at life plus 70. It's going to get longer and longer and longer. And that violates the spirit of why it exists and you should protest that.

Jan 15 13 09:24 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:
Because it's not going to stay at life plus 70. It's going to get longer and longer and longer. And that violates the spirit of why it exists and you should protest that.

I disagree. As long as it is renewable, and a company has use to renew, they should be allowed to do so. 

Once renewal doesn't have value it will expire...and go to Pd

If Ihave an image making my grandkids money in 150 yrs....Iwill have sodone my job

Jan 15 13 09:27 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
Funny, but I can find NO historical basis that shows that. 

Neither can you.

Read page 102

http://books.google.com/books?id=tqbIos … rk&f=false

Jan 15 13 09:28 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


Where do u view patents
Jan 15 13 09:29 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
Where do u view patents

The purpose of a patent is to give the inventor a fair reward and return, but then to finally turn the thing over to become the base on which the next guy builds his invention.

Jan 15 13 09:30 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Patents and copyrights are supposed to be fair and reward the creator. (and we can argue over details)

BUT

Ultimately they are to become the fertilizer for the next century's crop. Or next generation's crop. Or next millenium's crop.

But that's why they are limited. To become fertilizer.
Jan 15 13 09:31 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:

The purpose of a patent is to give the inventor a fair reward and return, but then to finally turn the thing over to become the base on which the next guy builds his invention.

So if Ipatent an item and in 200 years that item is still profitable, Ishould lose it?

People BASE THINGS off patented items all the time.  It's COPYING THEM that is prohibited.

Jan 15 13 09:32 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:

So if Ipatent an item and in 200 years that item is still profitable, Ishould lose it?

People BASE THINGS off patented items all the time.  It's COPYING THEM that is prohibited.

A patented drug loses exclusivity and goes generic after how many years?

Jan 15 13 09:33 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:

A patented drug loses exclusivity and goes generic after how many years?

If renewed with minor pointless changes, never

Jan 15 13 09:34 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
If renewed with minor pointless changes, never

Then why do generic drugs exist?

Jan 15 13 09:36 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:
Patents and copyrights are supposed to be fair and reward the creator. (and we can argue over details)

BUT

Ultimately they are to become the fertilizer for the next century's crop. Or next generation's crop. Or next millenium's crop.

But that's why they are limited. To become fertilizer.

You realize edison's inventions and patents are still paying his family royalties right?

And that during the term of his life and patents many inventions, including a/c current were based off his ideas and patents....right?

Fertilizer starts when a product is released...not when patent expires.  Ask bill gates about windows

Jan 15 13 09:36 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:
Then why do generic drugs exist?

The same reason Ican buy a generic and fully legal version of a current song for use in my ads, and not from the author. Because the original furthered the public good so much someone found a legal way to clone it...just different enough

THEY DID THE CLONE TO MAKE MONEY. NOT FOR PUBLIC GOOD

That's america

But that shouldn't prevent me from selling my original

Jan 15 13 09:38 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
But that shouldn't prevent me from selling my original

You have this all quite wrong.
A patent is a detailed explanation on paper in balck and white about how to copy a product. It comes with the caveat that it is illegal to copy the product for, say, 20 years.

After 20 years you can copy it all you want. The directions for HOW to copy it are right in the patent.

Jan 15 13 09:41 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
THEY DID THE CLONE TO MAKE MONEY. NOT FOR PUBLIC GOOD

That's correct, but the patent laws that made the cloning temporarily illegal and then finally legal were created for the public good.

Jan 15 13 09:42 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:
You have this all quite wrong.
A patent is a detailed explanation on paper in balck and white about how to copy a product. It comes with the caveat that it is illegal to copy the product for, say, 20 years.

After 20 years you can copy it all you want. The directions for HOW to copy it are right in the patent.

How long after sony's patented walkman did knockoffs hit
the street? Far under 20 years.

Ipad? Months

Ginsu knives?lol

Name an invention that sold and it was copied immediately.

Jan 15 13 09:43 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


NothingIsRealButTheGirl wrote:

Read page 102

http://books.google.com/books?id=tqbIos … rk&f=false

How are you coming on page 102?

Jan 15 13 09:43 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
How long after sony's patented walkman did knockoffs hit the street? Far under 20 years.

A knockoff is not an exact copy.

When a patent expires an exact copy of the patentable parts is fully legal.

Jan 15 13 09:45 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Also you don't have to knock off a product under patent.

You can license it and pay $$$ for the right to use it.

After the patent expires you no longer need to pay anyone even if you continue to use their patents.
Jan 15 13 09:47 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:

A knockoff is not an exact copy.

When a patent expires an exact copy of the patentable parts is fully legal.

No poop. Really

But by then the market and technology has moved on.  Go have fun selling your walkman clone

Jan 15 13 09:48 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:

No poop. Really

But by then the market and technology has moved on.  Go have fun selling your walkman clone

Many patents are just bargaining chips between corporations. You let us infringe this one and we won't sue you for that one.

Jan 15 13 09:52 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Underlying our trademark policy is the general law of trademarks. Trademarks exist to help consumers identify, and organizations publicize, the source of products. Some organizations make better products than others; over time, consumers begin to associate those organizations (and their trademarks) with quality. When such organizations permit others to place their trademarks on goods of lesser quality, they find that consumer trust evaporates quickly. That's the precise situation that Mozilla seeks to avoid. People's trust in our name and products is crucial to us—especially, when it comes to intangible products like software, trust is all consumers have to decide on which product to choose. We also are the caretakers of the trust our community members have placed in us. We created this Trademark Policy to protect both the public's and our community's trust in the Mozilla Marks.

http://www.mozilla.org/foundation/trade … olicy.html
Jan 15 13 09:56 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


To protect the interests of trademark owners in many new contexts,
trademark law has expanded and uprooted the doctrine from its
policy of protecting consumers.
To facilitate this expansion,
consumer interests are often ignored or manipulated to conform to
the interests of mark owners. This Article introduces consumer
investment in trademarks as a model to bring public interests back
into trademark doctrine.


http://www.nclawreview.org/documents/88/2/gerhardt.pdf

Use of the consumer investment model would keep trademark doctrine on a
principled path that preserves the public interest in using marks as
information tools. The model offers a new way of examining
difficult issues involving the unauthorized use of brands on the...
Jan 15 13 10:00 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Trademark law has long been recognized as serving two purposes — protecting
consumers
from being confused or deceived about the source of goods or
services in the marketplace, and encouraging merchants to stand behind their
goods or services by protecting the goodwill they have developed in their trademarks.
As the Supreme Court has noted...

http://www.lexisnexis.com/lawschool/stu … rkCh01.PDF
Jan 15 13 10:01 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Purposes of Trademark Law

From its common law roots to the modern Lanham Act,3 trademark
law has served the two, usually parallel, goals of protecting consumers
and protecting the sellers they patronize.4 More than sixty
years ago, the Senate Committee on Patents described trademark law
as, on the one hand, “protect[ing] the public so that it may be confident
that, in purchasing a product . . . , it will get the product which it
asks for and wants to get,” and, on the other hand, protecting a trademark
owner’s expenditure of “energy, time, and money in presenting
to the public the product . . . from . . . misappropriation by pirates and
cheats.”5

Though trademark law’s “true” original purpose is debated,6 the
consumer-protection and seller-protection stories both have long pedigrees.
7 This is unsurprising, as they are often described as flip sides of
the same coin.8

http://www.law.nyu.edu/ecm_dlv1/groups/ … 058045.pdf
Jan 15 13 10:04 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:
Underlying our trademark policy is the general law of trademarks. Trademarks exist to help consumers identify, and organizations publicize, the source of products. Some organizations make better products than others; over time, consumers begin to associate those organizations (and their trademarks) with quality. When such organizations permit others to place their trademarks on goods of lesser quality, they find that consumer trust evaporates quickly. That's the precise situation that Mozilla seeks to avoid. People's trust in our name and products is crucial to us—especially, when it comes to intangible products like software, trust is all consumers have to decide on which product to choose. We also are the caretakers of the trust our community members have placed in us. We created this Trademark Policy to protect both the public's and our community's trust in the Mozilla Marks.

http://www.mozilla.org/foundation/trade … olicy.html

Thanks.  Mozilla proves that careful management of trademarks protects brand and profit.

Your bolded part recognizes the business case is at least equal

Jan 15 13 10:15 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
Your bolded part recognizes the business case is at least equal
NothingIsRealButTheGirl wrote:
7 This is unsurprising, as they are often described as flip sides of
the same coin.8

http://www.law.nyu.edu/ecm_dlv1/groups/ … 058045.pdf

I don't have a problem with that. It beats "the public interest has no place in IP law"

Jan 15 13 10:34 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:

Pinups4 wrote:
Your bolded part recognizes the business case is at least equal

I don't have a problem with that. It beats "the public interest has no place in IP law"

Not once did Isay no place.  I always said both, but with business needs primary or equal.

Jan 16 13 04:21 am  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


NothingIsRealButTheGirl wrote:
Purposes of Trademark Law

From its common law roots to the modern Lanham Act,3 trademark
law has served the two, usually parallel, goals of protecting consumers
and protecting the sellers they patronize.4 More than sixty
years ago, the Senate Committee on Patents described trademark law
as, on the one hand, “protect[ing] the public so that it may be confident
that, in purchasing a product . . . , it will get the product which it
asks for and wants to get,” and, on the other hand, protecting a trademark
owner’s expenditure of “energy, time, and money in presenting
to the public the product . . . from . . . misappropriation by pirates and
cheats.”5

Though trademark law’s “true” original purpose is debated,6 the
consumer-protection and seller-protection stories both have long pedigrees.
7 This is unsurprising, as they are often described as flip sides of
the same coin.8

http://www.law.nyu.edu/ecm_dlv1/groups/ … 058045.pdf

Again. Both.  not altruistic

NOT as you previously said

NothingIsRealButTheGirl wrote:

And the purpose of a trademark is to help consumers find them and return to them.

Help consumers.

Consumers.

Jan 16 13 04:22 am  Link  Quote 
Photographer
c_h_r_i_s
Posts: 13,325
Cheltenham, England, United Kingdom


Pinups4 wrote:
right, and he can sue the seller (if he can find their streetcorner cart)...

but that happens everyday.  It hurts ROLEX, they sue.  It hurts him, he sues.  But I don't see your PRIMARY evidence.

The BUSINESS chose to protect its brand, now Joe has more EVIDENCE to sue the counterfitter.  they didn't do it to serve humanity, that's a nice bonus

I don't think Rolex are to bothered. If your buying a Rolex then you'll know how they work and what to look out for.

Jan 18 13 04:03 pm  Link  Quote 
Photographer
SensualThemes
Posts: 3,018
Swoyersville, Pennsylvania, US


c_h_r_i_s wrote:

I don't think Rolex are to bothered. If your buying a Rolex then you'll know how they work and what to look out for.

No argument.  And having been in brand management for big corps, "they don't do knockoffs unless you're the best"

My point was that in that case it is a contract law matter not a public protection issue

Jan 18 13 04:24 pm  Link  Quote 
Photographer
Al Lock Photography
Posts: 14,208
Bangkok, Bangkok, Thailand


c_h_r_i_s wrote:

I don't think Rolex are to bothered. If your buying a Rolex then you'll know how they work and what to look out for.

So that's why they got sued a factory in Thailand and not only won a large award but got the court to give them the right to see the factory's books and control who the products of that factory are sold to?

Obviously, Rolex is bothered.

Jan 18 13 07:25 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
Again. Both.  not altruistic

NOT as you previously said

You're trading on the fact that if I find one or two people that say not that I'm wrong, but that both are of equal weight, that I actually have the balls to post it.

Jan 18 13 10:14 pm  Link  Quote 
Photographer
NothingIsRealButTheGirl
Posts: 27,948
Los Angeles, California, US


Pinups4 wrote:
Not once did Isay no place.  I always said both, but with business needs primary or equal.

Or equal? Really? Show me where you said that.

Jan 18 13 10:15 pm  Link  Quote 
first2345678last   Search   Reply



main | browse | casting/travel | forums | shout box | help | advertising | contests | share | join the mayhem

more modelmayhem on: | | | edu

©2006-2013 ModelMayhem.com. All Rights Reserved.
MODEL MAYHEM is a registered trademark.
Toggle Worksafe Mode: Off | On
Terms | Privacy | Internet Rank | Careers