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Yahoo Serious Fights Yahoo! trademark
fsck writes "Australian actor Yahoo Serious is fighting Internet portal Yahoo! for the trademark to the word Yahoo, registered with the Australian Trade Marks Office in August. Yahoo! was founded in 1994, whereas Yahoo Serious changed his name by deed poll in 1980. It sounds as though Mr Serious is, among other things, tired of receiving any more misdirected Yahoo! snail mail." The levels of comedy to this are astounding.
Please, people, this is Serious.
Kiss my bass.
Yakoff Smirnoff sueing everyone that's every said "I love this country" for copyright infringement? Give me a break...
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"The only difference between me and a madman is that I'm not mad." - Salvador Dali (1904-1989)
I think the question should be: Is he serious???
Maybe he should just copyright the concept of naming and be done with it. :-)
Money for nothing, pix for free
What about Jonathan Swift who inveted the word in the first place?
Surely the great great great grand nice (twice removed on her mother's side) could have some contention about this?
GCM d+ s+:+ a- c++ U? P! L E-- W++ NM+ V PS- PE+ Y+ PGP- t 5+ X?+ R+++$ tv+ b+ DI++++ D---- G e
I actually wondered about this one, having seen Serious' magnum-crapus 'Young Einstein' several years ago - early nineties, IIRC. I think the important reason why he's waited this long, is that he's an Australian, and this whole thing started with the August registration in Australia of the Yahoo! brand.
I know that you supposedly can't trademark a proper name, and since Yahoo had changed his proper name -to- Yahoo ages ago, he's got a very good point. This one'll be fun to see the results of.
My own pointless vanity vintage computing page
If you read the link, it finds in favor of Yahoo.com. Pertinent info below:
From the Australian Trade Marks Office:
Yahoo Serious v Yahoo! Inc [2001] ATMO 74 (13 August 2001)
The evidence shows that Mr Serious does not use his name, Yahoo Serious, or his forename, to distinguish goods or services. It is true that he writes, directs and produces motion picture films in which he stars; however, it is not apparent in the evidence that either of the words `Yahoo Serious', or the word `Yahoo' are used as a trade mark in relation to the films. The closest that I can find in the evidence to use of any sign that might be as a trade mark is the repeated use of the words, a `Serious Production' or `Serious Entertainment' on promotional material associated with the motion pictures. However, this use is obviously of no assistance to Mr Serious as the opposed trade mark is the word YAHOO! and I therefore do not have to decide whether this use of the word SERIOUS is as a trade mark.
there are 2 kinds of people. those who divide people into 2 kinds, and those who don't.
Today's show has been brought to you by.. the letter A, the letter D... shit, someone copyrighted the letter D.. ok ok, the number 3... fuck not again
I think most of you guys are missing the point.
:)
Yahoo is moving to register the trademark now, they applied for it in August. Being an actor, it means that if Yahoo Serious was to release merchandise etc. under the name Yahoo, Yahoo! inc. would probably sue him.
This wasn't a problem before they applied for the trademark.
How would you guys feel if I tried to register the trademark "Linus Torvalds" tomorrow?
I think that Mr. Serious has a serious point.
(pardon the pun
The appeals-court will most surely turn it down, and thats the end of the story.
I'm not a lawyer, but makes this interesting at all is the sheer absurdity of his claims.
If Yahoo! had been named "Yahoo Serious!" then he'd have a case, it happens plenty of actors have strange sounding first names.
I for one, has never heard about the actor Yahoo Serious, and if he is worried that people might mistake Yahoo! for himself, then he is seriously deluded and overrates his own fame.Besides, yahoo is a very old and common outburst, and they are not even in the same business.
Yahoo! is a trademark of an internet portal. Yahoo Serious' "business" has nothing in common with Yahoo!'s, so what does it even have to do with him? I think the schmuk just wants to get in the news because it has eluded him for quite a few years. Either that or he's looking for a quick buck (settlement).
-Shade
Course, the fact that he's not exactly the best known actor ever may prevent most people from being confused since they're unlikely to have heard of him. But since IANAL, I'm going to leave that discussion to the court to decide.
And laugh if he wins.
It's just a shame he didn't change his name to Micro Soft.
A: So I'm starting this internet company.
C: Oh yeah, well you better have a really good name for it. Something to stick in people heads.
A: Oh I do, I'm really excited about it.
C: What is it?
A: Yahoo!
C: So you're excited, so what's the name.
A: No, that's the name.
C: What's the name?
A: Yahoo!
C: I can't tell it's exciting, what's the name!
A: I just told you the name.
C: Why can't you just tell me the name.
A: Yahoo!
C: You can't be serious.
A: I'm not, that's someone else.
C: That's not what I'm asking!
In any event I believe you are correct that it would be Swift who has the ultimate claim to the word Yahoo. If it were coined in the last 70 years,that is. I think Swift and his heirs are just out of luck today.
I've hit Karma 50 and gotten a Score:5, Troll... I win!
On behalf of my fellow Australians I would like to apologize for the crimes committed against comedy by Yahoo Serious.
Who is Sir Donald Bradman Indeed! Ok It may just be that im australian, but Sir Donald Bradman is one of the Australias most famous cricketers. Born in 1908 in SA (south australia) , with a test average of 99.94, and in all the tests in which he played, in he scored a total of close to 7000 runs.
Sadly Sir Don passed away in august 2000. he was made a Companion of the Order of Australia. one of may great australians. but then I guess most Americans wouldnt know of him, let alone Cricket.
You have to remember that trademarks have context, meaning that they're only valid in relation to the primary function of the registrant company. This is why we can have a Delta Airlines, a Delta Electronics, and a Delta Faucets without any of them suing the others. So unless Mr. Serious is a website (not has a website), he doesn't have much legal ground.
the words "Yahho Serious" and "genius" shoud never be uttered in the same sentance.
If only I had been there before the Waltons. Then it would be Good Night, John-Boy forever!
Weren't yahoos petty government officials in Gulliver's Travels? I think Swift was paradying British officialdom at the time.
When this guy loses his case, is there any chance that the Judge can force him to change his name to Iyama Twat? It seems so much more appropriate.
- - Sha la la la . . .
jeez, I hope nobody goes out and copyright's "Eggplant". The ECA would be screwed!
Eggplants!
Ace905
[President] The Eggplant Coders Association
Ace
Apple Computer and Apple Vacations. They both use the same identifier, there's a potential trademark violation. Except there isn't, because one is "Computer" and is associated with hardware and software, while the other is "Vacations" and is associated with the travel industry. Easy to tell them apart. This is how trademark disputes using common words are dealt with.
Yahoo! (with the exclamation mark, which they have always used even if their users don't) is associated with a Web portal, and has been for years, while Yahoo Serious (with the last name) has always been associated with comedy (well, loosely). "Yahoo" is a common word, but they're used differently in each case, so there's no confusion.
If you ask me, this is just a cheap publicity ploy by Yahoo Serious to get his name back in the public eye, since his acting ability is incapable of doing so. The dispute is a non-issue, and will be treated as such by the courts.
My name is Scott. Does that mean I can sue the owner of scott.com? Nope.
Did Yahoo Serios pull his current name out of thin air, i.e. was is completely originaly and never been said before? Nope, that word has been around a lot longer than he's been using it.
He's been in more recent movies than Young Einstein but when was the last time you heard his name mentioned? During promos for Young Einstein.
Does he have a chance in hell of winning? Nope.
There was a resturaunt in Vancouver called De Niro's. Robert De Niro took them to court saying they were infringing on his copyright by calling the resturaunt by that name. He won and as a result the resturaunt changed it's name to "Section 11" or something, the section of the copyright act he sued them under..... So there are precedents of similar things happening.
A google search would do the trick, or you could just read this Wikipedia article I contributed to which should give you some idea.
Any sufficiently advanced technology is indistinguishable from a rigged demo
--Andy Finkel (J. Klass?)
their stock price and business model, Yahoo! should probably change their name to OhShit!
try { do() || do_not(); } catch (JediException err) { yoda(err); }
Speaking of Microsoft, there should be a class action lawsuit by everyone named "Bob" against Microsoft, for trying to appropriate the name, and throw in a defamation suit, too.
Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
Here in Sweden, we had a similar case when H&M, the international clothing company, launched it's label LOGG a couple of years ago.
The Logg family sued, and won. H&M had to change the name of the label to "L.O.G.G. (Label Of Graded Goods)".
So really, this is no joke - it's serious (no pun intended).
:wq!
February 25 2001, actually. Now who is the "Babe Ruth" I keep hearing about?
Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
fsck, actually, according to the webpage, the LAWSUIT between Yahoo Serious and Yahoo! was filed in August, not the trademark by Yahoo! which was originally filed in 1996. Yahoo Serious may lose since he is supposed to (under trademark law) oppose any filing well before the 4 year period. At least, that's the way it works in the U.S... im sure australia has a similar case.
Does that mean that SERIOUS Sam might be in breach of Yahoo Serious trademark.
I don't want to play as 'Slightly Serious Sam' or 'Mostly Harmless Sam'
Dammit I wanna be Serious Sam and I want some serious fragging now.....
.. these stupid april fool's day articles. Nobody believes them, why do they keep getting posted? Get a life people!
If anybody should have a trademark on this, it's Swift.
And since an author's copyright expires 70 (IIRC) years after his death the word is now in the public domain and should remain there.
J-aims
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Yo, whatever happened to peas? Join T( H)GS
I wouldn't be surprised if Yahoo! seized royalties from this guy's sales of previous and future work.
Too easy. Way too easy.
(I just know I'm going to get flamed for this statement) Just from reading the posts so far, I think a lot of people are missing the point.
Yahoo!'s trademark gives them the necessary leverage needed to keep others from associating their name with products/services/activities/etc that have nothing to do with Yahoo!. As a result, Yahoo Serious (who apparently still has a career in Australia) runs the risk of legal troubles if he uses his legal first name to promote his movies. Imagine him making a movie that has a corresponding movie poster with wording like "Yahoo Presents...[movie title]" or a title like (in class Earnest fashion) "Yahoo Goes To The Outback." Yahoo! could, if they so desired, sue Yahoo Serious (or, more likely, whatever production company made the film) for trademark violations, since their trademarked name was used in the promotion of a product they had nothing to do with.
To put a spin on an anology someone else used on this subject, having the name Scott does not, indeed, give you the right to own scott.com. But if Scott Tissue got a trademark on the name "Scott", they could possibly sue you for making a homepage titled "Scott's Web Site", simply on the implication that Scott Tissue might be associated with the site due to the use of a trademarked name.
I still think Yahoo Serious will lose this legal battle, but it still kind of stinks that companies can trademark such phrases (instead of something a bit more obvious, like a logo).
My sigs always suck.
and got the idea for the company name from that.
very hard to prove, of course. completely speculative. but definitely possible.
Even I have heard of Young Einstien, for example. and I don't get out enough.
"It is a greater offense to steal men's labor, than their clothes"
My name is Scott. Does that mean I can sue the owner of scott.com? Nope.
/services he offers.
No, you can't steal scott.com. But they can't TRADEMARK "scott" either. Yahoo! applied for a trademark in the ENTERTAINMENT FIELD in Australia in August. That trademark would prohibit Mr. Serious (who changed his name in 1980) from being able to market himself or his production company, his films or any other products
Mr. Serious is NOT attempting to hijack yahoo.com, and he could probably care less about domains, so long as he is able to continue to use his own domain yahooserious.com, and whatever the australian one is.
Trademark isn't the same thing as copyright. You get to own a trademark for as long as you're actively using it; they don't expire. But Swift wouldn't own this trademark. Simply using something in a fictional story doesn't establish a trademark. You have to do business with/under than name.
This space unintentionally left unblank.
I believe that lawsuit was a result of an agreement made between the two that said that Apple Records was to be used for anything "that makes sounds." Adding sound capability to their line of computers (something they probably never thought of when they made the agreement) got Apple into trouble.
It is at these fringe overlaps that people get into trouble. As others pointed out, Yahoo! Movies is a good example.
No, no one is going to confuse a bad actor and a web portal, but people can confuse Yahoo! Movies with Yahoo Serious Movies.
- (c) 2018 Hank Zimmerman
Nope, just a Yahoo.
Young Einstein was, as anyone who recalls when it made the brief tour of U.S. theaters, a major non-event, the proverbial lead balloon. Plugged as a huge success in Australia and the next really mindboggling thing to make your eyes spin and brain explode, it was advertised strongly. The reviews were humbling and the attentance moreso. I did see it and though it was, "OK".
Interesting to see he's still up to his odd perspective and doing things, but expect little enthusiasm for his work in the U.S.
As for copyright infringement, IMHO & IANAL, he's waited a pretty darn long time. Usually to be victorious in such cases, one must react quickly.
A feeling of having made the same mistake before: Deja Foobar
What about the chocolate drink?
Well, in America, two members of the Screen Actors Guild cannot have the same professional name. See Vanessa Williams (lousy actress formerly on the first season or two of Melrose Place) and Vanessa L. Williams (lousy actress/former Miss America who has graced the pages of Penthouse and currently appears in Radio Shack commercials).
So, if Dick Smith were an American actor, yes, any future theoretical Dick Smiths would have to register professionally under a different name.
This sig is xenon coated, and will glow red when in the presence of aliens
First, the story is that Yahoo Serious is appealing the August decision.
Secondly, Yahoo! the company has registered a trademark in Australia for use in, amongst other things, "Entertainment services including television programmes". On the face of it, he may have a case that using "Yahoo!" as a trademark in the entertainment industry would be "confusingly similar" to his name, even though he has not trademarked his name.
sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
Expect to be served a notice from Wayne Gretzky's lawyers any day now.
From hell's heart I fstab at /dev/hdc
On a movie theatre facade: "Yahoo Serious is Young Einstein"
Lisa Simpson: "I know those words, but that sentance makes no sense to me!"
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Gort! Klatu Barata Nikto!
According to IMDB, his birth name is Greg Pead ... must have been a rough childhood.
I wonder if the estate of Jonathan Swift can sue both their asses, as Gulliver's Travels came out more than a century before the filming of Reckless Kelly.
Incidentally, great film.
Kelly: "Dog, go get dan. GO GET DAN!"
Dog: "Cornflakes."
Kelly: "Stupid Dog!"
Hey freaks: now you're ju
Children's Television Workshop is currently squatting on all domains of "TheLetterA" through "TheLetterZ" .com, and have been since 1998!
Obligatory Simpsons refernces.
Marquee: "Yahoo Serious Film Festival"
Lisa: I know those words, but that sign makes no sense
It doesn't mean much now, it's built for the future.
"Yahoo!" should change their name to "Oh well..."
Still he doesn't seem to mind being listed on www.yahoo.com. (I assume)r esses/Serious__Yahoo/
http://dir.yahoo.com/Entertainment/Actors_and_Act
In other words, "I need money". Just because he was outdated when long before the internet got cool.
Which is enough. Dunno about the USA, but here in Oz you can use your own name (all or a subset) as if it were the name of a company or a registered business name. This makes your name IP, kind of, no trademark required. If your name were also Yahoo, say, Mr Yahoo Eight One Two Three Ninc, you would also have a claim if Yahoo tried to register a name in any of your fields of endeavour. However, neither you nor Mr Serious could claim against each other. This prevents a million Johns from suing each other.
This raises an interesting legal question: could a Yahoo representative change his name by deed poll (to, say, Mr Yahoo Representative) and peppercorn-employ Yahoo!-the-company to present a website in his own name? Offhand (and BTW, IANAL), I can't think of an argument against it.
Got time? Spend some of it coding or testing
Agree, but ``OhNo!'' or ``Oops!'' or ``Aaaaaaargh!'' would probably fit through more filters. OTOH, Microsoft might then sue ``the new Yahoo!'' for that on behalf of their users, who frequently employ all of the proposed replacement names in earnest...
Got time? Spend some of it coding or testing