I am teh thief, apparently

Ghastly · Post by **Ghastly** » Thu Sep 08, 2005 7:04 pm

Claiming something to be a registered trademark when it isn't is a federal offence punishable by a $10,000 fine and up to five years in federal prison. You might want to let him know this.

Ghastly · Post by **Ghastly** » Thu Sep 08, 2005 7:15 pm

rkolter wrote: Incidentally, impersonating a lawyer is a chargable offense. Using the "tm" logo without a trademark is not a crime federally, but local state regulations may vary. Fraudulently claiming you have a trademark you do not have in an effort to stiffle interstate trade however, is a federal crime. As he has stated specifically that he uses this trademark to sell things and is claiming your sales (??) may dilute his trademark, that could argueably count. You wouldn't ever prosecute him, but you could remind him of that if it comes up later on...

No no. The (TM) is for non-registered trademarks. You don't need to register to use the (TM) on a trademark. The (R) is a registered trademark. It is illegal to claim a trademark as registered if it is not. It is also illegal to claim a trademark is pending registration if it is not.

It's also very illegal to pretend to be a lawyer.

Unregistered Trademarks are still protected, just not to the same extent as registered trademarks. Just like copyrights don't have to be registered to be protected but violation of registered copyrights is a criminal offence whereas violation of unregistered copyrights is only a civil offence.

Noise Monkey · Post by **Noise Monkey** » Thu Sep 08, 2005 7:17 pm

kinda like the difference between kicking McDuffies in the nuts vs. kicking anyone else in the nuts.

[AlmightyPyro] · Post by **[AlmightyPyro]** » Thu Sep 08, 2005 7:24 pm

In an odd way, yes.

Gengar003 · Post by **Gengar003** » Thu Sep 08, 2005 7:41 pm

ivstudios wrote: P.S. Copyright copyright trademark copyright ATTORNEY AT LAW copyright yournamehere copyright dingo!

*eats baby*

Toxic · Post by **Toxic** » Thu Sep 08, 2005 7:47 pm

ivstudios wrote:
Mr.Bob wrote:Hey Hey Hey! Keep me out of this! I'm not the villain here!

IV! I demand that you stop being polite to this obviously inept fraudster and BUST THAT BITCH!!!
Are you crazy man! While I'm at it I can go to a mental institution and harass the patients, or dangle crack in front of a junkie, or go into a lions cage with some meat on a fishing line!

Yeah!

Also, IV, I must insist that you cease and desist resisting my sexual advances.

Rkolter · Post by **Rkolter** » Thu Sep 08, 2005 9:17 pm

Ghastly wrote:
rkolter wrote: Incidentally, impersonating a lawyer is a chargable offense. Using the "tm" logo without a trademark is not a crime federally, but local state regulations may vary. Fraudulently claiming you have a trademark you do not have in an effort to stiffle interstate trade however, is a federal crime. As he has stated specifically that he uses this trademark to sell things and is claiming your sales (??) may dilute his trademark, that could argueably count. You wouldn't ever prosecute him, but you could remind him of that if it comes up later on...
No no. The (TM) is for non-registered trademarks. You don't need to register to use the (TM) on a trademark. The (R) is a registered trademark. It is illegal to claim a trademark as registered if it is not. It is also illegal to claim a trademark is pending registration if it is not.

No no. You might have to register to use TM on a trademark - just not with the federal government. As I said, "Using the "tm" logo without a trademark is not a crime federally, but local state regulations may vary."

Resource: Taken from the US Patent and Trademark office FAQ:

Use of the TM and SM symbols may be governed by local, state, or foreign laws and the laws of a pertinent jurisdiction to identify the marks that a party claims rights to. The federal registration symbol, the R enclosed within a circle, may be used once the mark is actually registered in the USPTO. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.

http://www.uspto.gov/main/faq/

Under 'Trademarks' (center tab) and then "What is the difference between TM and the R within a circle?"

Ryuko · Post by **Ryuko** » Sat Sep 10, 2005 5:54 am

Ahahaha. This thread is the funniest thing I've ever read. I just found some guy whose livejournal name is thegreenavenger had linked me in his journal. I dunno what it says, but I'm sure it's bad stuff. I should pretend to sue him or something.

IVstudios · Post by **IVstudios** » Sat Sep 10, 2005 6:41 am

Toxic wrote: Also, IV, I must insist that you cease and desist resisting my sexual advances.

Do you have a fake lawyer?

Toxic · Post by **Toxic** » Sat Sep 10, 2005 2:18 pm

ivstudios wrote:
Toxic wrote:Also, IV, I must insist that you cease and desist resisting my sexual advances.
Do you have a fake lawyer?

No, but I will trademark you!

Warren · Post by **Warren** » Sun Sep 11, 2005 7:00 am

I just patented webcomics!

But I won't sue people if they send me money.

MixedMyth · Post by **MixedMyth** » Sun Sep 11, 2005 10:02 am

If I recall correctly, and please let me know if I'm wrong, but cease and desist letters in and of themselves have no legal clout. If action is taken later then that's something else, but the letters themselves can't force jack.

What you might be careful about are people like Aido of The Fallen has had to put up with, where this person tried to claim that they had come up with the original content of The Fallen and that Aido was the one copying. Doesn't look like they're doing off, but they may be playing a more minor game of it with the World Warp thing.

Anywherebuthere · Post by **Anywherebuthere** » Sun Sep 11, 2005 10:08 am

Ryuko wrote:Ahahaha. This thread is the funniest thing I've ever read. I just found some guy whose livejournal name is thegreenavenger had linked me in his journal. I dunno what it says, but I'm sure it's bad stuff. I should pretend to sue him or something.

Why pretend?!?

GO FOR BLOOOOOOOOOD!!!!

Vorticus · Post by **Vorticus** » Sun Sep 11, 2005 10:40 am

Finally read this all, and I'm laughing the whole way down.

ManyWorlds · Post by **ManyWorlds** » Sun Sep 11, 2005 10:42 am

anywherebuthere wrote:
Ryuko wrote:Ahahaha. This thread is the funniest thing I've ever read. I just found some guy whose livejournal name is thegreenavenger had linked me in his journal. I dunno what it says, but I'm sure it's bad stuff. I should pretend to sue him or something.
Why pretend?!?

GO FOR BLOOOOOOOOOD!!!!

Screw the blood. Go for the soul.

IVstudios · Post by **IVstudios** » Sun Sep 11, 2005 10:45 am

Vorticus wrote:Finally read this all, and I'm laughing the whole way down.

See, copy right infringement has it's lighter side.

Czar · Post by **Czar** » Sun Sep 11, 2005 10:48 am

ivstudios wrote:
Vorticus wrote:Finally read this all, and I'm laughing the whole way down.
See, copy right infringement has it's lighter side.

*Whistles Monty Python "Always look at the bright side of life" as he silently becomes unpossessed by evil*

ManyWorlds · Post by **ManyWorlds** » Sun Sep 11, 2005 11:59 am

Czar wrote:
ivstudios wrote:
Vorticus wrote:Finally read this all, and I'm laughing the whole way down.
See, copy right infringement has it's lighter side.

*Whistles Monty Python "Always look at the bright side of life" as he silently becomes unpossessed by evil*

Some things in life are bad
They can really make you mad
Other things just make you swear and curse.
When you're chewing on life's gristle
Don't grumble, give a whistle
And this'll help things turn out for the best...

And...always look on the bright side of life...
Always look on the light side of life...

If life seems jolly rotten
There's something you've forgotten
And that's to laugh and smile and dance and sing.
When you're feeling in the dumps
Don't be silly chumps
Just purse your lips and whistle - that's the thing.

And...always look on the bright side of life...
Always look on the light side of life...

For life is quite absurd
And death's the final word
You must always face the curtain with a bow.
Forget about your sin - give the audience a grin
Enjoy it - it's your last chance anyhow.

So always look on the bright side of death
Just before you draw your terminal breath

Life's a piece of shit
When you look at it
Life's a laugh and death's a joke, it's true.
You'll see it's all a show
Keep 'em laughing as you go
Just remember that the last laugh is on you.

And always look on the bright side of life...
Always look on the right side of life...
(Come on guys, cheer up!)
Always look on the bright side of life...
Always look on the bright side of life...
(Worse things happen at sea, you know.)
Always look on the bright side of life...
(I mean - what have you got to lose?)
(You know, you come from nothing - you're going back to nothing.
What have you lost? Nothing!)
Always look on the right side of life...

*gets served with cease-and-desist letter from Python group*
Ye gods... I got a letter from Mr Bean!

Netpoet · Post by **Netpoet** » Mon Sep 12, 2005 4:38 am

At least you did the "Bright side of life" song, and not "Every sperm is sacred"

... or "The Spam Song". {shudder} {derails thread} ... oops

>Net

IVstudios · Post by **IVstudios** » Mon Sep 12, 2005 9:42 am

Well, it's been close to a week since I last heard from him, so I'm guessing either he's given up or is going to wait until the 15 day response period is up and claim I never got back to him and now "I'm in big trouble" or something. Which if he dose he will find himself less than creditable.

Taking all bets now! Will he continue his charade? Dose he know when he's beaten? Dose he have a legitimate case?