Tour Companies Battle Over Trademarked Duck Noises
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.
I think the lawsuit is quackery, myself.
Vos teneo officium eram periculosus ut vos recipero is.
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.
An MP3 of coins jingling should be adequate.
Alexander Peter Kristopeit bought his basement from his mommy for one dollar.
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!"
I've abandoned my search for truth; now I'm just looking for some useful delusions.
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.
- None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton