The real Abercrombie argued that the models were "misappropriated" from its catalogue and web site. It also said that the only difference between Chad's domain name and its own (abercrombie.com) was the replacement of the letters "cr" with a "z", making it confusingly similar to its own.
Umm...who confuses "cr" with a "z"??? I don't think people are that out of it.
"Umm...who confuses "cr" with a "z"??? I don't think people are that out of it."
Welcome to the legal world. Actually, they probably shouldn't have brought up the whole zombie thing. If they had chosen cn instead of z, then they would have had a case. Abercnombie.com would definitely have been an attempt to confuse people. Instead, by making it say 'zombie', they reinforced the parody defense.
You're right, the claim that 'Aberzombie' wouldn't confuse anybody is ridiculous, especially considering they have it in big letters on their site. Chad did all the right things in making this parody site. I was particularly impressed that he bought his own stock photography.
"The real Abercrombie argued that the models were "misappropriated" from its catalogue and web site. It also said that the only difference between Chad's domain name and its own (abercrombie.com) was the replacement of the letters "cr" with a "z", making it confusingly similar to its own."
Umm...who confuses "cr" with a "z"??? I don't think people are that out of it.
Wow, that's a nicely rounded Slashdot user ID. I will pay you $200 for it. Please leave your bank information in reply to this message.
To late for the Walmartsucks guy
by
BoomerSooner
·
· Score: 4, Interesting
Unbelieveable how inconsistant our laws are. Maybe they should have to re-pass every law or it expires. For example, those stupid ass inter-racial laws in the south, or consentual sodomy (oral-sex), or murder.
Obviously the good ones would be passed again and the stupid ass 1800's laws would expire and no longer be the grounds for police/legal harassment.
Re:To late for the Walmartsucks guy
by
Anonymous Coward
·
· Score: 0
Maybe they should have to re-pass every law or it expires.
What if they forget to re-pass the law about that?
Re:To late for the Walmartsucks guy
by
Anonymous Coward
·
· Score: 0
ummm... sodomy is not oral-sex
Re:To late for the Walmartsucks guy
by
GreyWolf3000
·
· Score: 1
Sodomy is any sexual act (think orgasm) that cannot yield pregnancy. Oral sex is sodomy, but sodomy isn't oral sex. The parent was wrong, but the idea that sodomy is only anal sex is also wrong.
-- Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
Re:To late for the Walmartsucks guy
by
Anonymous Coward
·
· Score: 0
I don't quite follow your comment, but the "Walmartsucks guy" won one domain name arbitration against Wal-mart.
IIRC, he later incorporated the 'walmartcanadasucks' name, and then filed a claim against Wal-Mart, who had preemptively registered some sucks domain names, and claimed they were cybersquatting on his corporate domains.
Re:parody?
by
macdaddy357
·
· Score: 3, Insightful
In the United States, courts usually rule that parody is a form of free speech. That hasn't stopped big companies from bringing slapp suits, and fighting them is very expensive. The little guy will usually back down. Larry Flint could afford to fight Jerry Falwell because he is rich, and he had to go all the way to the Supreme Court to win. A clearer law could be made to prevent these slapp suits by clearly stating that parody is free speech, not copyright or trademark infringement, but the same corporations that bring slapp suits also bribe -er, ah- donate to our lawmakers.
-- How ya like dat?
Re:parody?
by
Anonymous Coward
·
· Score: 0
> That's a pretty weak parody. I wonder what the legal standard for parody is? I guess parody quality doesn't come into it.
Who would you have make that decision for *all* of us?..
But the sodomy laws would be renewed...
by
zenyu
·
· Score: 1
They are still actively enforced, and the Supreme Court has consistently held in modern times that a search warrant is not needed to break into your house if it is suspected that you are in the act of sex without the possibility of pregnancy.
What we really need is a hard and fast limit on the number of words of law allowed, maybe 100,000 words, otherwise there will just be an omnibus bill every year where all the laws are renewed. Then this bill would be held hostage just like the spending bills are now, except instead of just suspending law enforcement, it would actually be perfectly ok to rape and murder until the Republicrats learned which "side" had done more favors for the media moguls lately and folded accordingly.
I think if old law expired in a FIFO or explicit manner specified in the bill this could be abused equaly, since they could scheme ahead of time. Instead I think they should determine which sentences should be deleted randomly when the bill came up for a vote so that the deleted stuff would be debated then and there whatever it was. It would make for a more exciting C-SPAN.. The number of words could even be keyed to some real goals, like they get a free word for every independent newspaper with over 100,000 dayly readers, and one for every hundred thousand college graduates, and one for every thousand PhD's... gain one word for each 1% over inflation raise in the median income, lose a word for each 0.5% under inflation loss to the median income... So all in all the book would grow, but you could carry around a paperback with all the laws of the land. You could read the tricked out version with interpretations in a month, it could even be a Jr. High requirement to explain a random chapter in the law book. Maybe a high school requirement to watch an hour of the new improved C-SPAN live and name six factual errors and six opinions you didn't agree with and why before a jury of citizens in a fifteen minute response.
Re:But the sodomy laws would be renewed...
by
GreyWolf3000
·
· Score: 1
Sgt.: "I smell...pleasure...too good to be just sex...I mean listen, she's all I hear. He must have his mouthful...ok call the SWAT team, they're having more fun than I can ever hope for."
Seriously, though, I think you're on to something. The answer from both sides of the political spectrum is always Big Government. What we need is the opposite. I bet Ted Kennedy and George Bush play golf and reenact pagan and Satanic rituals together on weekends. As we squabble over petty issues like abortion, Washington extends its filthy corrupt arms into every community, forcing local and state governments to obey (think of why every state has a drinking age of 21).
I pledge alleigance, to the flag, of the United States of America, and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all.
My ass. I hate this country sometimes. Then again it used to be one hell of a place. Really in a league of its own. The founding fathers thought they had a system immune to corruption. They were right, until mind control came along.
-- Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
Re:But the sodomy laws would be renewed...
by
Dark+Fire
·
· Score: 1
Abortion is hardly petty. The drinking age of 21 is petty. Maybe I shouldn't ask this question due to the possible answer, but which do you consider to be the more valuable, people or beer? You will be 21 soon enough. In a way, abortion builds on your issue with the drinking age. 3 million people each year never get the opportunity to reach the age of 1. Changing the minimum age from 21 to something lower will hardly help them.
Re:But the sodomy laws would be renewed...
by
GreyWolf3000
·
· Score: 1
Actually, abortion is a good example about how an issue gets jammed into the big government paradigm and makes a big mess.
If states or even local communities could decide for themselves, then there wouldn't be such a problem. People must realize taking a case to the federal court will have ramifications at the federal level.
San Fransiscans want abortion to be legal? Citizens of Tyler, Texas don't? Why can't they both have their way?
-- Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
Re:But the sodomy laws would be renewed...
by
alexo
·
· Score: 1
> They are still actively enforced, and the Supreme Court has consistently held in modern times that a search warrant is not needed to break into your house if it is suspected that you are in the act of sex without the possibility of pregnancy.
Proof please.
Re:But the sodomy laws would be renewed...
by
Anonymous Coward
·
· Score: 0
Parents kill their kids every day. The aborted should thank your God that it was relatively quick and painless.
Re:But the sodomy laws would be renewed...
by
HTH+NE1
·
· Score: 1
"They are still actively enforced, and the Supreme Court has consistently held in modern times that a search warrant is not needed to break into your house if it is suspected that you are in the act of sex without the possibility of pregnancy."
So that's why condoms are not 100% effective!
-- Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
Actually if you are in the military you can drink at an on base bar with military ID. And a lot of european countries have drinking ages lower than 18, like Germany where its 16, but you don't drive till your 18.
-- Without music, life would be a mistake. --- Nietzsche
Re:please
by
Anonymous Coward
·
· Score: 0
What decade are you living in? Ever since the Tailhook scandal of '91, all on-base recreation has been scaled back. Underage drinking is not allowed in the club on base here, or at any station I was at in the last ten years. Hell, the enlisted guys in the barracks here can't even have more than 6 beers for each legal-age person in the room. If three 18-year-old privates were found with a case, they would face office hours (basically misdemeanor type offence, but it can keep you from re-enlisting), and then have to see the Substance Abuse Counseling Officer for a couple months. And even the over-age guys can't have hard liquor like whiskey or tequila in their rooms.
So, no, you can't simply walk in to the club and have a beer for your country. At least not while you are in your country, if your country happens to be the United States.
yep, abercrombie sucks
by
dh003i
·
· Score: 2, Insightful
Why waste hundreds of dollars on clothes that are essentially made out of the same material, look the same, as other clothes, the only difference being they have an abercrombie logo on them? It's like those fucking morons in the 70's and 80's who'd pay 40 dollars for those stupid fucking alligator shirts.
Same thing goes for Nike, Reebok, Addidas, and lots of other "brand name" products, that sell for hundreds more than other products, but aren't any better. Only a fucking moron would buy them. Even in the business world, there are morons spending 10 times more for a 1000 dollar suit, when that suit is only maybe 10% better than a 100 dollar suit.
I'm not a parent, but if I was, I certainly wouldn't waste money getting my kids fucking crap like Nike or Abercrombie because "it's in". It is not cool to be a fucking moron and waste money on crap.
Mostly I agree, the clothes I buy at walMart are just as good, and cost a lot less. The difference in material quality, if any, is more than made up by the lower cost.
However, when you get byond the $1000 suits there is a marked improvement. At $3000 you can get one made that fits you exactly, once my dad spent the money for it, he cannot go back to a cheap suit that fits but not well. He is more comfortable in his suit than in jeans and a t-shirt, not because he feels important, but because it fits that much better. Note however that $3000 is the cost of a custom suit in a third world country, in the US expect to pay 10 times that because our labor is that much more.
So? I've never felt uncomfortable in normal suits. If the material is fine, it's comfortable. I usually wear things overlarge anyways (I'm a natural medium/large, but I wear extra-large [if I gain 100 pounds, I won't have to buy new clothes]).
You may get marked improvement past the $1000 dollar mark, but you're still not getting your money's worth, compared to $100 dollar suits. Unless having a $3k suit is going to repay it's cost to you something hard (like quantifiable cash), I say it's not worth it.
Same thing goes for Nike, Reebok, Addidas, and lots of other "brand name" products, that sell for hundreds more than other products, but aren't any better.
Do you really think the sneakers they sell at walmart are anywhere near as good as the name brands?
Re:yep, abercrombie sucks
by
Anonymous Coward
·
· Score: 0
[ Do you really think the sneakers they sell at walmart are anywhere near as good as the name brands? ]
Do you really think name brand sneakers are that much better that the sneakers at Walmart? I bought Reebok's my entire life until a couple years ago when I went through two $60 pairs that each fell apart in one month.
Re:yep, abercrombie sucks
by
Devlyn_Syde
·
· Score: 1
Even in the business world, there are morons spending 10 times more for a 1000 dollar suit, when that suit is only maybe 10% better than a 100 dollar suit.
Even in the business world where morons are spending at least 10 times more for an OS and other software when that OS or other software is only maybe 50% as good as the free alternative...
Dev
... It's like those fucking morons in the 70's and 80's who'd pay 40 dollars for those stupid fucking alligator shirts.
Same thing goes for Nike, Reebok, Addidas, and lots of other "brand name" products, that sell for hundreds more than other products, but aren't any better. Only a fucking moron would buy them. Even in the business world, there are morons spending 10 times more for a 1000 dollar suit, when that suit is only maybe 10% better than a 100 dollar suit.
... It is not cool to be a fucking moron and waste money on crap.
Read my journal and comment!
I did, and I will!
How can you go off about Nike, and Reebok, and Abercrombie, and so on, bemoaning "brand name" products, when your journal clearly shows you are a top-notch brand-name consumer?
How about your April 8th entry? A six paragraph diatribe about Michael Jordan, Scottie Pippin, Phil Jackson, the Bulls, the Lakers, etc. These people and teams are some of the biggest brand names around. Doesn't the price of NBA tickets, logoed merchandise, and player's salaries bother you as much as the price of Nikes? Was Michael Jordan really 100 times better than a player who got paid 1/100 what he did? I think not. Maybe 5 times better, or even ten times better, but no way he's 100 times better. Just about all professional sports are overpriced brand-name products, with basketball nearly the worst. As you would say, "Only a fucking moron would buy them."
Or perhaps your December 15th entry? Where you say you love the music of Britney Spears, Christina Aguilera, Shania Twain, and Celine Dion? Please... every one of those names is a highly-marketed brand-name. None of them are nearly as good as any of hundreds of lesser-known artists on independent labels that are not involved in industry conspiracies to drive up CD costs. As you would say, "Only a fucking moron would buy them."
I could probably go on, but frankly, I'm bored with your journal already. I guess I'll just make my point here: buy what you think is a good value and let others do the same. Kindly spare the "fucking moron" judgements, especially when you are going to publish details of your own tastes which are just as easily ridiculed.
I happen to like to wear Ralph Lauren Polo brand shirts. Are they expensive, yes, nearly rediculously (although my wife, who buys most of my clothes, always seems to be able to get them on sale for half off). But to me, they are noticably better quality than most other brands. The fabrics are softer and thicker; the tailoring is better; the workmanship is of a higher standard. They do look better and look better longer than most other shirts. And while it's not at all why I wear them, if the little Polo logo impresses someone, that's fine with me, too.
On the other hand, I think that almost all professional sports are a huge waste of time and money and I have no problem finding hundreds of other things I would rather spend my time and money on. And frankly, I think your previously mentioned musical tastes are really the lowest form of music that I consider suitable for only pre- and early-teen children. I would rather listen to dogs barking than any of those artists.
So I'll keep padding Ralph Lauren's wallet, and you keep doing the same for the NBA and the RIAA and maybe we can just respect our differences?
WIPO.org.uk say, "UN WIPO.org are crooks"
by
Garry+Anderson
·
· Score: 1
More lawyers getting richer - I suppose you know it is all a big con.
I have identified the solution to the conflict of domain names with registered trademarks.
Honest expert lawyers have agreed it would uniquely identify all registered trademarked words on the Internet.
Not one lawyer has ever given logical reasoned argument against this. Indeed most are too cowardly to answer.
You may be interested in the solution and my informed opinion:
I make no egotistical claim that I was the first to see the solution. The authorities must have always known - it is indisputable that the answer was self-evident.
This is really very strange - because the United Nations World Intellectual Property Organization (WIPO.org) said they were stumped. Having contacted them, UN WIPO does not refute or admit the solution - such is their contempt for the law.
I have even communicated with the United States Department of Commerce about it - they are most evasive. As are our own cowardly and dishonourable UK Patent Office.
As you will have guessed - it is mainly about the abuse of power by big business and money. On that - do you know where UN WIPO gets most their money?
From the facts (and this silence) it can be assumed that UN WIPO, US DoC and ICANN (with their lawyers Jones, Day, Reavis & Pogue) are all a bunch of crooks. They aid and abet the violation of Trademark and Antitrust Law. They also abridge the choice of words that people may use - violating the US First Amendment.
Even Karl talks about the abuse of power.
Quote: "Worse, Auerbach said in a telephone interview with O'Reilly Network, ICANN uses its domain name dispute resolution process to expand the rights of trademark holders, routinely taking away domains from people with legitimate rights to them, only to reward them to multinational corporations with similar names."
Some simple facts - which even the layman can see is true:
1. You can legally use any word, words or initials to start a new business without registering a trademark - providing you are not passing off, of course. Take for example the word 'apple'. It is legally used by thousands of businesses - large and small all over the world. Indeed, it is impossible that they all register themselves as trademarks - they are bound to conflict with many others, being confusingly similar. In my local phone book alone, there are at least five using this word - two garages (seems not connected), a car centre, fruit growers and a decorating firm. It is AGAINST THE LAW to prevent them from using their legal name - as the authorities do with UNLAWFUL fatally flawed Sunrise period and UDRP.
2. It is possible for many different firms to register the same word as trademark in the same country - but only with different type of goods or products, e.g. the word 'apple' is used by computer and tobacco companies in the US.
3. With the vast ocean of domains, most are not owned by registered trademarks, so some sort of label is required to identify them - or else they claim 'trademark conflict' or 'consumer confusion' - even 'passing off'. The registered trademark symbol ® (called 'R' in a circle or RTM) identifies them in physical world - it is really very very most exceedingly obvious that something is required in cyberspace to perform same function. For example - a protected Top Level Domain of.reg - like duh, simple or what.
4. Using format of name.class.country.reg would identify ALL registered trademarks - e.g. apple.tobacco.us.reg and apple.computer.us.reg
This is then used as certificate of authentication or as a directory (dual functionality). There is NO RESTRICTIONS any business, it can still use current/new domain, just directed to dot REG e.g. apple.com is directed to apple.computer.us.reg
If somebody could ask the Secretary for US DoC this easy question (as he ignores me) - "Mr Eva
There are plenty of high quality sneakers available that don't cost anywhere near hundreds of dollars.
I bought a pair of leather/swade boot-type (brown) shoes from Dexter's 3 years ago, and they still basically look new, once washed off. $40 bucks, not a couple hundred. I'm sure the same can be said for sports shoes.
Are Nike's and Reebok's better than non-brand shoes? Probably yes. But they certainly aren't better enough to justify the increased cost. Your paying 400% extra to get shoes that are maybe 30-50% better.
Besides, it's stupid to buy them for other reasons. What if something happens to them? Then it's a $100+ dollars down the drain. Or if you grow a foot-size? $100 wasted. Or if, heaven forbid, you get a little bit fatter -- $100 wasted.
The level of activity on this announcement shows Slashdot readers' interest in Abercrombie and Fitch related affairs.
Umm...who confuses "cr" with a "z"??? I don't think people are that out of it.
Unbelieveable how inconsistant our laws are. Maybe they should have to re-pass every law or it expires. For example, those stupid ass inter-racial laws in the south, or consentual sodomy (oral-sex), or murder.
Obviously the good ones would be passed again and the stupid ass 1800's laws would expire and no longer be the grounds for police/legal harassment.
That's a pretty weak parody. I wonder what the legal standard for parody is? I guess parody quality doesn't come into it.
They are still actively enforced, and the Supreme Court has consistently held in modern times that a search warrant is not needed to break into your house if it is suspected that you are in the act of sex without the possibility of pregnancy.
What we really need is a hard and fast limit on the number of words of law allowed, maybe 100,000 words, otherwise there will just be an omnibus bill every year where all the laws are renewed. Then this bill would be held hostage just like the spending bills are now, except instead of just suspending law enforcement, it would actually be perfectly ok to rape and murder until the Republicrats learned which "side" had done more favors for the media moguls lately and folded accordingly.
I think if old law expired in a FIFO or explicit manner specified in the bill this could be abused equaly, since they could scheme ahead of time. Instead I think they should determine which sentences should be deleted randomly when the bill came up for a vote so that the deleted stuff would be debated then and there whatever it was. It would make for a more exciting C-SPAN.. The number of words could even be keyed to some real goals, like they get a free word for every independent newspaper with over 100,000 dayly readers, and one for every hundred thousand college graduates, and one for every thousand PhD's... gain one word for each 1% over inflation raise in the median income, lose a word for each 0.5% under inflation loss to the median income... So all in all the book would grow, but you could carry around a paperback with all the laws of the land. You could read the tricked out version with interpretations in a month, it could even be a Jr. High requirement to explain a random chapter in the law book. Maybe a high school requirement to watch an hour of the new improved C-SPAN live and name six factual errors and six opinions you didn't agree with and why before a jury of citizens in a fifteen minute response.
If you're old enough to go to war and die for your country, then you're old enough to get a fucking beer.
In European nations and many other nations, the legal age for drinking is 18, and the age of sexual consent is 16. No, the sky isn't falling.
Fucking XXX-tian zealots need to get with the modern times.
social sciences can never use experience to verify their statemen
Why waste hundreds of dollars on clothes that are essentially made out of the same material, look the same, as other clothes, the only difference being they have an abercrombie logo on them? It's like those fucking morons in the 70's and 80's who'd pay 40 dollars for those stupid fucking alligator shirts.
Same thing goes for Nike, Reebok, Addidas, and lots of other "brand name" products, that sell for hundreds more than other products, but aren't any better. Only a fucking moron would buy them. Even in the business world, there are morons spending 10 times more for a 1000 dollar suit, when that suit is only maybe 10% better than a 100 dollar suit.
I'm not a parent, but if I was, I certainly wouldn't waste money getting my kids fucking crap like Nike or Abercrombie because "it's in". It is not cool to be a fucking moron and waste money on crap.
social sciences can never use experience to verify their statemen
More lawyers getting richer - I suppose you know it is all a big con.
.reg - like duh, simple or what.
I have identified the solution to the conflict of domain names with registered trademarks.
Honest expert lawyers have agreed it would uniquely identify all registered trademarked words on the Internet.
Not one lawyer has ever given logical reasoned argument against this. Indeed most are too cowardly to answer.
You may be interested in the solution and my informed opinion:
I make no egotistical claim that I was the first to see the solution. The authorities must have always known - it is indisputable that the answer was self-evident.
This is really very strange - because the United Nations World Intellectual Property Organization (WIPO.org) said they were stumped. Having contacted them, UN WIPO does not refute or admit the solution - such is their contempt for the law.
I have even communicated with the United States Department of Commerce about it - they are most evasive. As are our own cowardly and dishonourable UK Patent Office.
As you will have guessed - it is mainly about the abuse of power by big business and money. On that - do you know where UN WIPO gets most their money?
From the facts (and this silence) it can be assumed that UN WIPO, US DoC and ICANN (with their lawyers Jones, Day, Reavis & Pogue) are all a bunch of crooks. They aid and abet the violation of Trademark and Antitrust Law. They also abridge the choice of words that people may use - violating the US First Amendment.
Even Karl talks about the abuse of power.
Quote: "Worse, Auerbach said in a telephone interview with O'Reilly Network, ICANN uses its domain name dispute resolution process to expand the rights of trademark holders, routinely taking away domains from people with legitimate rights to them, only to reward them to multinational corporations with similar names."
Some simple facts - which even the layman can see is true:
1. You can legally use any word, words or initials to start a new business without registering a trademark - providing you are not passing off, of course. Take for example the word 'apple'. It is legally used by thousands of businesses - large and small all over the world. Indeed, it is impossible that they all register themselves as trademarks - they are bound to conflict with many others, being confusingly similar. In my local phone book alone, there are at least five using this word - two garages (seems not connected), a car centre, fruit growers and a decorating firm. It is AGAINST THE LAW to prevent them from using their legal name - as the authorities do with UNLAWFUL fatally flawed Sunrise period and UDRP.
2. It is possible for many different firms to register the same word as trademark in the same country - but only with different type of goods or products, e.g. the word 'apple' is used by computer and tobacco companies in the US.
3. With the vast ocean of domains, most are not owned by registered trademarks, so some sort of label is required to identify them - or else they claim 'trademark conflict' or 'consumer confusion' - even 'passing off'. The registered trademark symbol ® (called 'R' in a circle or RTM) identifies them in physical world - it is really very very most exceedingly obvious that something is required in cyberspace to perform same function. For example - a protected Top Level Domain of
4. Using format of name.class.country.reg would identify ALL registered trademarks - e.g. apple.tobacco.us.reg and apple.computer.us.reg
This is then used as certificate of authentication or as a directory (dual functionality). There is NO RESTRICTIONS any business, it can still use current/new domain, just directed to dot REG e.g. apple.com is directed to apple.computer.us.reg
If somebody could ask the Secretary for US DoC this easy question (as he ignores me) - "Mr Eva
Kinda like Alabama then.
Diplomacy is the art of saying "Nice doggie" until you can find a rock. Will Rogers
There are plenty of high quality sneakers available that don't cost anywhere near hundreds of dollars.
I bought a pair of leather/swade boot-type (brown) shoes from Dexter's 3 years ago, and they still basically look new, once washed off. $40 bucks, not a couple hundred. I'm sure the same can be said for sports shoes.
Are Nike's and Reebok's better than non-brand shoes? Probably yes. But they certainly aren't better enough to justify the increased cost. Your paying 400% extra to get shoes that are maybe 30-50% better.
Besides, it's stupid to buy them for other reasons. What if something happens to them? Then it's a $100+ dollars down the drain. Or if you grow a foot-size? $100 wasted. Or if, heaven forbid, you get a little bit fatter -- $100 wasted.
social sciences can never use experience to verify their statemen
Where else are you gonna get proper thong undies for your eight year old?