Tour Companies Battle Over Trademarked Duck Noises

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Tour Companies Battle Over Trademarked Duck Noises

Posted by samzenpus on Tuesday September 1, 2009 @05:15AM from the totally-quackers dept.

Tour company Ride the Ducks is suing rival tour company Bay Quackers, alleging that it holds trademark rights to the sound made by tourists using duck call devices, while on amphibious vehicle tours. San Francisco-based Ride the Ducks holds a 'sound mark' on the noise. Very few companies hold sound marks, but some of the more famous include: the NBC chimes and the MGM lion. The company holds US Trademark No. 2,484,276, which protects a mark consisting of 'a quacking noise made by tour guides and tour participants by use of duck call devices throughout various portions of [guided amphibious vehicle] tours.' Reading this makes my think that there is a room full of litigious monks somewhere, just waiting for someone to try clapping with one hand.

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A likely story by Spencerian · 2009-09-01 05:19 · Score: 4, Funny

I think the lawsuit is quackery, myself.

--
Vos teneo officium eram periculosus ut vos recipero is.
1. Re:A likely story by interkin3tic · 2009-09-01 05:34 · Score: 5, Funny
  
  I was hoping we were going to be able to duck the obligatory puns with this one.
2. Re:A likely story by Red4man · 2009-09-01 05:41 · Score: 5, Funny
  
  Of course not. You should just let it slide like water off a duck's back.
  
  --
  Sock Puppets: damn_registrars=pudge_confirmer=jimmy_slimmy=raiigunner=cml4524=a_klavan=red4men=ronpaulisanidiot
3. Re:A likely story by Stealth+Captain · 2009-09-01 05:52 · Score: 4, Funny
  
  I'd hate to see the attorney's bill for this case...
  
  --
  My food is problematic.
4. Re:A likely story by geekoid · 2009-09-01 06:00 · Score: 4, Funny
  
  That's....fowl.
  
  --
  The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
5. Re:A likely story by Anonymous Coward · 2009-09-01 06:17 · Score: 1, Funny
  
  You cooked the goose with that one.
6. Re:A likely story by Red+Flayer · 2009-09-01 06:23 · Score: 3, Funny
  
  That wasn't fowl, the poster is just slightly mallardjusted.
  
  --
  "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
7. Re:A likely story by interkin3tic · 2009-09-01 06:33 · Score: 2, Funny
  
  To be fair they also modded the GP troll, when the pun there was even more obvious. Mods today just want a totally serious discussion of trademarked duck noises without any puns.
  Which... when you think about it, is pretty hilarious.
8. Re:A likely story by severoon · 2009-09-01 06:48 · Score: 4, Funny
  
  Stupid FA is about a bunch of stupid people making stupid use of our legal system to settle something stupid. Does anyone take a duck tour because that particular quacking sound is the best one? These bunch of stupids should all be rounded up and send to stupid camp where they can sit in a stupid circle around a campfire clapping their stupid hands and hopefully find a new and creative way to burn themselves alive.
  
  --
  but have you considered the following argument: shut up.
9. Re:A likely story by yali · 2009-09-01 06:54 · Score: 2, Funny
  
  Stop trying to turn it on the poster. We can see through your canard.
10. Re:A likely story by the_womble · 2009-09-01 07:01 · Score: 4, Funny
  
  Even if they win they will get poultry damages, and it may prove to be the attorney's swan song. The judge is unlikely to take drake-onian measures.
11. Re:A likely story by Digital+Vomit · 2009-09-01 07:22 · Score: 5, Funny
  
  Your puns are all terrible!
  <ducks>
  
  --
  Modern copyright is theft of culture from everyone and it retards the progress of the useful arts and sciences.
Apologies in advance by Anonymous Coward · 2009-09-01 05:23 · Score: 2, Funny

They'll be hoping they can duck the bill for the lawsuit, but it'll no doubt leave a foul taste in their mouths...
I am waiting for a lawsuit from ... by neonprimetime · 2009-09-01 05:24 · Score: 2, Funny

... Aflac!
Almost makes sense... by MiniMike · 2009-09-01 05:26 · Score: 4, Funny

FTFA:

The lawsuit alleges that Bay Quackers' use of the sound is infringing and is likely to confuse consumers.

Yeah, how will consumers know if they are on the duck tour run by litigious jackasses or not? This cannot be allowed to continue.
Re:I will copyright the ''boom'' noise by interkin3tic · 2009-09-01 05:37 · Score: 2, Funny

Yeah, well I copyrighted "get offa my lawn" so you owe me like a million dollars.
They could just pay the lawsuit... by clone53421 · 2009-09-01 05:40 · Score: 5, Funny

An MP3 of coins jingling should be adequate.

--
Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
Re:Might sound nuts, but has a sound legal basis by Red4man · 2009-09-01 05:43 · Score: 2, Funny

Idiots who like terrible television shows?

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Sock Puppets: damn_registrars=pudge_confirmer=jimmy_slimmy=raiigunner=cml4524=a_klavan=red4men=ronpaulisanidiot
This will not end well by Locke2005 · 2009-09-01 05:49 · Score: 4, Funny

I just know there is a Disney lawyer sitting in a back room somewhere thinking, "Man, we just gotta get a trademark on the sound of farts!"

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I've abandoned my search for truth; now I'm just looking for some useful delusions.
Re:Might sound nuts, but has a sound legal basis by oldspewey · 2009-09-01 05:57 · Score: 2, Funny

I'm going to soundmark the use of the phrase "and to your left you can see ..." when used during a guided tour setting. To your right is fine, but point out something to your left and your ass is mine.

--
If libertarians are so opposed to effective government, why don't they all move to Somalia?
Re:I will copyright the ''boom'' noise by Hognoxious · 2009-09-01 06:02 · Score: 2, Funny

Your cave had an outside? Luxury!

--
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
An easy solution by spun · 2009-09-01 06:14 · Score: 4, Funny

So 'Ride the Ducks' is trying to assert trademark over generic duck sounds, made by riders and tour guides on these duck tours? I've got a simple solution for bay quackers, just trademark the sound of sniffling, coughing, and whining children, then sue Ride the Ducks when their customers make those sounds. Then cross license and form a tour guide duopoly.

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- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
Re:Might sound nuts, but has a sound legal basis by tsstahl · 2009-09-01 06:33 · Score: 3, Funny

Me, I'm trademarking tourists blowing dog whistles that are inaudible to humans.
And how would you enforce this? Send dogs to law school? They are already pretty good at chasing ambulances...
Re:Generic sounds, words can not be trademarked by Hognoxious · 2009-09-01 06:34 · Score: 2, Funny

Luckily, I patented sharps and flats.

--
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
Did you hear about the duck by drainbramage · 2009-09-01 06:54 · Score: 2, Funny

Did you hear about the duck that tried to fly upside down?
He quacked up.

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No brain, no pain.
Re:I will copyright the ''boom'' noise by RJFerret · 2009-09-01 07:06 · Score: 2, Funny

Doh!
(The preceding sound was delivered by Randy, aka "RJFerret", not by Homer Simpson, and in no way is meant to infringe on any soundmark or trademark or otherwise represent RJFerret as Homer Simpson.)