Using the USPTO Against Itself
fidget42 writes: "This article in the LA Times tells of how a scientist went about using the patent office as a mechanism for trying to force a change in that office's rules. To quote from the article: 'Nearly 10 years ago, a friend called Stuart Newman with an intriguing challenge: Could he think up a new form of life that would be scientifically useful and possible to patent--yet so disturbing that the public would recoil?' Could the same be done with the US Patent and Trademark Office (USPTO) concerning software patents? I know some companies have used the rules of the USPTO to 'spoof' it, most notably Despair, Inc.'s trademarking of the frowney."
;-)
In NO way does Despair's trademark spoof the USPTO. It is a valid trademark for a valid company.
The fact that they applied for it and were granted it was SOP (Standard Operating Procedure). They then went on to joke about *patenting* the emoticon and charging people for every time it is used. This might have been the *spoof* part, but not the trademark itself. I wish that people would get this straight.
Bringing irony to the Slash-masses