I don't quite follow you. Are you saying that a company is using your username without your permission? Couldn't they say it's coincidence?
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I don't quite follow you. Are you saying that a company is using your username without your permission? Couldn't they say it's coincidence?
When you do a business name they do a Search of Names (mainly business names but user names also)...then they disallow a business name based on proximity to other very similar names.
Basicly the yellow dingo.com would have to prove in court that they didnt rip it off...unfortunately I have been posting massive amounts of stuff under the yellowdingo username from way back near the beginning of 2005. For it to be coinicidence, they would need to prove it happened by accident. They show up late 2005 - early 2006 so I'd say no...it wasnt coincidence.
So kahoolin have you done a check to see if they ripped off your username, or did you lift it from some obscure brand of french canadian beer?
I'm still waiting for those bastards who made that dumb sweet drink to pay me for stealing my name.
I've managed to wrestle a good twenty five cents from several people misappropriating the use of my user name in their day-to-day lives. I pushed for an identity theft charge but the judge was fooled when these crooks produced "birth certificates" and "driver's licenses" to prove that they were "born with this name".
When I can't strongarm people into changing their names (or at least how they spell it) with ludicrous lawsuits, the terrorists have won.
That's a right rum Keegen there, that is.
Don't Keegen my marshmallows, you Keegmeister!
I was on the phone with my lawyer about adding a libel charge to my suit against you, but then I noticed that extra e. You've won this round, lycanthrope. I'll have your pocket change for my "pain and suffering" someday.
I am still waiting to hear how McDonald's restaurants makes out after suing Mcdonald Douglas
I'm no lawyer, but I did stay at a Holiday Inn Esplanade at one point. However, I did find this:
"For not so famous names, you'll have to do a name search to find out if the same name, or similar names, are already in use, and how they're being used. If another company is using the same or a similar name to market different products and services, it may be fine for you to use the name for your business. "
However, it doesn't say you're "safe". If you use Microsoft Pillows, Bill will probably slap you with a suit.
Now, in the case of "Coming To America", McDowell will be put out of business for his blatant rip off of McDonalds.
I'm sure a case for "Yellow Dingo" would be thrown out. After all, Dingos come in a variety of colors.
Wow, he sure is acting Keegish today, isn't he? Well, I gotta go Keege a neighborhood cat that's in my garden again. Keege you guys later!
FH
Keege is the new Smurf!
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If we are getting all legal, as opposed to making fun of eachother...
It is the responsibility of the original holder to seek protection for their name. Even if you have a registered trademark, it is not automatic protection, but the right to seek protection.
Using the example given, McDonald's could allow McDowel's to exist despite the infringement on their trademark, and name, or they could sue the pants off em.
As little as 15 years ago they probably would have let them exist.
I remember being a low teenager and visiting my sister in college, and being confronted with Dairy King, which should have upset both dairy queen and burger king corporate...
Bella Sara Charter Superscriber
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I had this weird feeling, like a Keegan was buzzing around my head, and then I felt compelled to visit this thread.
It's unlikely your user name is protected by IP law. To receive protection, you have to fit in one of the following buckets: patent, copyright, trade secret, or trademark. There are some torts that you can bring for libel/slander, but I don't think that's what you're talking about.
The first three are easy to dismiss out of hand. You can't patent a user name, and even if you could, you'd need to do the appropriate filings with the patent and trademark office. You can't copyright a single word. Trade secrets are, well, secret, and they derive some value from that secrecy.
So, all you've got left is trademark (or a servicemark if you want to get hyper technical). Trademark law protects your right to use a mark in commerce. If you are not selling goods or providing services under the mark, you do not receive any protection. Even if you are selling goods under the mark, other people are merely prohibited from using the same mark to sell goods in the same market. That's one reason McDonald's and McDonald Douglas don't have a trademarke issue. If McDonald's were to introduce the McHelicopter deluxe, they might have a problem. There is a registration process for trademarks, but I believe that it functions only to allow the collection of punitive damages.
So, in short, unless you're selling the same products/services under the yellowdingo name as this other company, you have no rights against them. And, even if you were selling the same products/services, its entirely possible they can prove they were using the mark prior to you or that they registered it prior to your use.
(and, all of the above assumes that the Paizo end-user license which you agreed to when you started posting here didn't specifically grant the rights in your user name to Paizo. I wouldn't be surprised if everything written on these boards is the property of Paizo.)
I'll sue! I'll sue all of you! How many people named "Fake Healer", "Heathansson", "tdewitt274", "gavgoyle" and just "Sebastian" can there be?! It won't be hard! You'll all be sorry when I flex my litigating muscle and you have to rifle through your collective couch cushions to pay for a settlement!! And then you'll find yourself one day at the laundromat, breaking a fifty because you don't have any small change and you'll WANT to shake your fists at the heavens and shout,"KEEGAN!!" but you'll know I'll just sue you again. Or maybe you'll be at a tollbooth someday and you won't want to break a five but you'll HAVE to, because all that loose change is mine! You'll rue the day! Rue it! My petty, piddling insignificant revenge will cause you a minor inconvenience once or twice and then you'll...you'll probably forget all about it.
I don't even really need it. It's a matter of principle, really.
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I'll sue! I'll sue all of you! How many people named "Fake Healer", "Heathansson", "tdewitt274", "gavgoyle" and just "Sebastian" can there be?! It won't be hard!
In point of fact, I never personally used your name. And I shall continue to not use your name, Sandra.
For extra clarification of my slang... Heathy = pesky bug; Sebastian = rectum; F2K = homebrew; Gavgoyle = dopey ass. (but it should be noted that they are all said with love <3 )
And then you'll find yourself one day at the laundromat, breaking a fifty because you don't have any small change and you'll WANT to shake your fists at the heavens and shout,"KEEGAN!!"
*brings forth visions of Kirk from Star Trek - "KHHAANNNN!!!"
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For extra clarification of my slang... Heathy = pesky bug; Sebastian = rectum; F2K = homebrew; Gavgoyle = dopey ass. (but it should be noted that they are all said with love <3 )So Heathy = Pesky bug......nah, too easy.
Every time I see fakey's avatar I think he's saying, "I'm out of toilet paper! Gaaaaaaaaaah!" That's why that mace is scary.
Even if you are selling goods under the mark, other people are merely prohibited from using the same mark to sell goods in the same market.
G#+~%$mit, looks like those bloody canucks are going to put my small beef farm out of business before it even gets off the ground.
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So, all you've got left is trademark (or a servicemark if you want to get hyper technical). Trademark law protects your right to use a mark in commerce. If you are not selling goods or providing services under the mark, you do not receive any protection. Even if you are selling goods under the mark, other people are merely prohibited from using the same mark to sell goods in the same market. That's one reason McDonald's and McDonald Douglas don't have a trademarke issue. If McDonald's were to introduce the McHelicopter deluxe, they might have a problem. There is a registration process for trademarks, but I believe that it functions only to allow the collection of punitive damages.
So, in short, unless you're selling the same products/services under the yellowdingo name as this other company, you have no rights against them. And, even if you were selling the same products/services, its entirely possible they can prove they were using the mark prior to you or that they registered it prior to your use.
ok, that makes sense. Then what about Exxon and Kellogs with the Tiger, and the WWF and the now renamed WWE? I was always curious why those cases went the way they did.
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Bella Sara Charter Superscriber
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ok, that makes sense. Then what about Exxon and Kellogs with the Tiger, and the WWF and the now renamed WWE? I was always curious why those cases went the way they did.
Off the top of my head, there are other types of trademark lawsuits you can bring which might be applicable. The most relevant one is trademark dilution which is where you claim that the mark does not directly compete but instead causes damage to your mark. So, having gasoline associated with corn flakes might be seen as dilutive. The most famous case is the suit brought by Mattel against the band Aqua for the song Barbie Girl, which they claimed diluted their trademark in the Barbie product (Mattel lost due to free speech issues, but that's neither here nor there).
Anyway, that's just a guess. I haven't really looked into those cases. These things frequently settle out of court as well, so it may well be that the mark would not be dilutive/infringing, you might be willing to pay/change rather than fight. A good example would be the cash Microsoft paid Lindows to get them to change their name to Linspire.
But, since yellowdingo is not using the mark for a business, none of the above really applies. There's also a whole other set of laws regarding web domains and those work in a very different way (long story short - the dot com era scam of registering mcdonalds.com and then making them buy it from you doesn't work anymore).
G@#~@&mit, looks like those bloody canucks are going to put my small beef farm out of business before it even gets off the ground.
You raise bonzai steer? Aw... how adorable they must be wit dey liddul horns. :)
... when I flex my litigating muscle ...
I'll keep this thread PG...
G~*#$%mit, looks like those bloody canucks are going to put my small beef farm out of business before it even gets off the ground.You raise bonzai steer? Aw... how adorable they must be wit dey liddul horns. :)
They are pretty cute. It's a bugger keeping them pruned though...
Good to see you around again Jade.
Good to see you around again Jade.
Thanks, K. I've been off doing some hardcore writing. Wait, I don't mean I've been writing hardcore...
G$$&&@mit, looks like those bloody canucks are going to put my small beef farm out of business before it even gets off the ground.You raise bonzai steer? Aw... how adorable they must be wit dey liddul horns. :)
MMMMMM... Delicious. I'll take two, since they're small.
Xorn porn?Good to see you around again Jade.
Thanks, K. I've been off doing some hardcore writing. Wait, I don't mean I've been writing hardcore...
My litigating muscle?
Xorn porn?Good to see you around again Jade.
Thanks, K. I've been off doing some hardcore writing. Wait, I don't mean I've been writing hardcore...
True HARDcore, yes. That big mouth is certainly tempting, but if you're not a xorn, don't do a xorn. It make vaggy dentata look like a day in the country.
What do you write Jade? You've mentioned having been published before (or is that in your bio - I forget).
Thanks, K. I've been off doing some hardcore writing. Wait, I don't mean I've been writing hardcore...
Thanks for asking, Sebastian. I'm working on a project for 0one Games with Tim Hitchcock, Zherog (Ling!), Greg Oppedisano, Lou Agresta, and the mighty Brendan Victorson. I'm also writing for and co-editing a project for Goodman Games. I'll offer up details as soon as Steve Greer gives me the greenlight.
Aside from that I've been working on two books and prepping a screenplay I'm shooting next year.
I've written 10,000 words in the past ten days. It's all car-burying Roc dump but damn am I prolific!
I was going to make a comment, but I can't make one without making it sound dirty. So I'ma-gonna keep it to myself.
I had this weird feeling, like a Keegan was buzzing around my head, and then I felt compelled to visit this thread.
It's unlikely your user name is protected by IP law. To receive protection, you have to fit in one of the following buckets: patent, copyright, trade secret, or trademark. There are some torts that you can bring for libel/slander, but I don't think that's what you're talking about.
The first three are easy to dismiss out of hand. You can't patent a user name, and even if you could, you'd need to do the appropriate filings with the patent and trademark office. You can't copyright a single word. Trade secrets are, well, secret, and they derive some value from that secrecy.
So, all you've got left is trademark (or a servicemark if you want to get hyper technical). Trademark law protects your right to use a mark in commerce. If you are not selling goods or providing services under the mark, you do not receive any protection. Even if you are selling goods under the mark, other people are merely prohibited from using the same mark to sell goods in the same market. That's one reason McDonald's and McDonald Douglas don't have a trademarke issue. If McDonald's were to introduce the McHelicopter deluxe, they might have a problem. There is a registration process for trademarks, but I believe that it functions only to allow the collection of punitive damages.
So, in short, unless you're selling the same products/services under the yellowdingo name as this other company, you have no rights against them. And, even if you were selling the same products/services, its entirely possible they can prove they were using the mark prior to you or that they registered it prior to your use.
(and, all of the above assumes that the Paizo end-user license which you agreed to when you started posting here didn't specifically grant the rights in your user name to Paizo. I wouldn't be surprised if everything written on these boards is the property of Paizo.)
Wow I understood that. My head hurts.
Just an observation, myt cousin designs and sells little clamps, and holders for 4x4's. He does not patent his products, because the cost to do so is to high and takes to long for the market he competes in. He makes a product, buts it on the market and sells right a way. If someone sees a pending patent for a good idea they flood the market with the product. By the time the patent is secured the market for the item is over.
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Guess i'll just have to wait till the Jade Corporation gets sued by The Jade and sets a precedent on Intellectual property rights on Usernames vs companies that rip them off cause they is cool!
Apparently my reddeerrun hotmail address name is now up for sale as a domain name because someone thought it was also cool.
The IP theft just continues...
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Don't feel so bad, bro. There's a Budweiser beer made in (I think) the Czech Republic; it's been Budweiser for hundreds of years. The Anheuser Busch company wants to give them gobs of money to cut it out, and they won't do it. They won't give up the name they've used for hundreds of years.
Wow...the Czech Budwieser could sue Anheuser Busch for theft of their beer name...We know you stole it...
Guess i'll just have to wait till the Jade Corporation gets sued by The Jade and sets a precedent on Intellectual property rights on Usernames vs companies that rip them off cause they is cool!
Apparently my reddeerrun hotmail address name is now up for sale as a domain name because someone thought it was also cool.
The IP theft just continues...
Half of the great ideas I've ever had hit market, but never by me, always by a group or person that had the money to move on that same idea. What bitter frustration that brewed the first few times. These days, when it happens, I just C'est La Vie it with a wave off and a sigh.
"Of course that was going to occur to someone else. Whatever. Story of my life."
I took the name The Jade when I first got on the internet in 1996. No one else had it, and it was vague enough that people asked, "Why the?"
"Cuz indefinite articles turn me on."
or
"Cuz I'm the only one with the name Jade worth talking about."
Years later there were fifty The Jades skittering about the net, and long gone were the days when I could set up a new email account with that username. Somehow I've had the strength to go on and keep taking breath, though I'll admit it has been an arduous existential struggle... and I certainly have cried me a lake o' tears. Oh, and I killed a guy who wore a "The Jad" T-shirt because when I get angry I lose my patience to read. I really need to work on that. Warden says.
Strangest thing, he didn't taste at all like chicken. More like jerky if they had a "pennies and dog poo" flavor.
Useless adjunct to this thread...I believe the company name is McDonnell Douglas not McDonald Douglas.