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EFF Moves To Nix Trademark On "Gaymer"

netbuzz writes "Spurred by the mark holder's cease and desist letter to Reddit's subreddit r/gaymer, the Electronic Frontier Foundation today officially petitioned the U.S. Patent and Trademark Office to rescind its grant of a trademark registration on the word "gaymer". 'This registration should never have been granted,' said EFF Intellectual Property Director Corynne McSherry. 'Gaymer is a common term that refers to members of this vibrant gaming community, and we are happy to help them fight back and make sure the term goes back to the public domain where it belongs.'"

52 of 231 comments (clear)

  1. Really!? by Tagged_84 · · Score: 4, Interesting

    What's so different about a gaymer compared to a gamer? Why the need to segregate gamers based on their personal sexuality? Do they prefer certain genres? Or just demand gay sex in the games they play?

    - From a confused gamer

    1. Re:Really!? by Anonymous Coward · · Score: 5, Funny

      From a confused gamer

      don't worry, buddy. lots of people are confused and struggle with their identity. no one will judge you. just be yourself and everything will be o.k.

    2. Re:Really!? by They'reComingToTakeM · · Score: 4, Informative

      Both parties lose due to prior claims.

      Gaymer's (http://www.gaymers.co.uk/) has been a UK cider producer since 1770 AD.

    3. Re:Really!? by Anonymous Coward · · Score: 2

      Standard homophobic bigoted response to bring up bestiality like as if it's an equivalent. Nasty. When do you plan to come out of the closet?

    4. Re:Really!? by Xenx · · Score: 4, Insightful

      Why does any group of people identify themselves as part of said group? They want to. In this case, it doesn't sound like a tag being forced on them. It's a name to identify as a gay gamer. No reason to think too hard.

    5. Re:Really!? by Anonymous Coward · · Score: 5, Informative

      Have you ever seen what happens in online games/communities with people who are even vaguely suspected of being gay? It's not pretty generally. So gay people tend to congregate in communities in which they can play without having to be careful about what they say and without having to pretend, lest they be offended/insulted/stalked/threatened/spammed or other fun things.

    6. Re:Really!? by Anonymous Coward · · Score: 5, Insightful

      Why don't you find out? There might be many reasons why gay gamers would group together like this, one being the disgusting, knuckledragging homophobic and sexist abuse that is rampant in the gaming community, kicking back against that. Being proud of who you are. And you only have to read the cretinous, ugly responses to this post to see the truth of how marglinalised supposedly intelligent nerds can make gay people feel. Use your fucking brain for gods sake.

    7. Re:Really!? by Annirak · · Score: 4, Insightful

      Trademark doesn't work like that. Trademarks are only valid in particular regions. If Gaymer's is a UK cider producer since 1770AD, then they most likely hold a trademark in the UK. That doesn't mean that another entity can't register the same trademark somewhere else.

    8. Re:Really!? by QuasiSteve · · Score: 4, Insightful

      You can have trademarks of the same name applied to a different trade. I'm pretty sure that the cider production trade is rather unrelated to the glbt gaming culture trade.

      Prior art as to its common use by glbt gamers going back a decade or two would be a more appropriate argument in the trademark dispute.

    9. Re:Really!? by Sique · · Score: 3, Funny

      Lingo faux paux are just as bad as fashion faux paux after all! Sometimes even worse!

      q.e.d.

      --
      .sig: Sique *sigh*
    10. Re:Really!? by Sique · · Score: 2

      And they only hold that trademark for food and beverages. Gaymer's car parts would be completely unaffected by the existance of Gaymer's cidre.

      --
      .sig: Sique *sigh*
    11. Re:Really!? by wonkey_monkey · · Score: 4, Funny

      An appropriate moment from the Simpsons:

      "We're here! We're queer! Get used to it!"
      Lisa: "We are used to it. You do this every year."

      --
      systemd is Roko's Basilisk.
    12. Re:Really!? by Annirak · · Score: 4, Informative

      You're quite right. Trademarks are both geographically restricted and market restricted. If you're in a different market or a different location, the trademark doesn't apply.

      And you have to register everywhere that you do business for the trademark to be valid in that region.

    13. Re:Really!? by Sique · · Score: 3, Funny

      For the french impaired: faux paux means false pricks.

      --
      .sig: Sique *sigh*
    14. Re:Really!? by Anonymous Coward · · Score: 5, Funny

      That's why I game as a gay player. It's so fun to detect the noobie "you're a faggot!!!@#$!@#$" little boys and headshot them for their trouble.

    15. Re:Really!? by Anonymous Coward · · Score: 2, Funny

      A better question would be what's the difference between you and a pathetic dog molester. The answer is of course none. There is no difference between you and a pathetic dog molester. Because you are a pathetic dog molester. Which is why you demand dog molestation in the games you play. I'm going to go and trade mark 'dogmolestermer' to describe people like yourself.

      Oh come on, now. It was just that one time, it was consensual, and the bitch said she was older than two!

    16. Re:Really!? by SeaFox · · Score: 2

      You can have trademarks of the same name applied to a different trade. I'm pretty sure that the cider production trade is rather unrelated to the glbt gaming culture trade.

      Until Sid Meier's Beverage Tycoon is released, that is.

    17. Re:Really!? by Gwala · · Score: 4, Informative

      If you want a legitimate answer from someone who's in one of the larger local Gaymer communities here's a couple of reasons:

      1- Multiplayer gaming is an endless tirade of gay-this, faggot-that. It's nice to play games and socialise with people who aren't jerks. (Yes yes, harden the fuck up, etc - but it is annoying.)

      2- It's an excuse to go hang out at a bar with a group of people with something in common every couple of weeks.

      3- While I know it's not applicable to me (LTR), but the group I'm in has at least partly become a dating pool - for gay guys and girls, that's actually sometimes a bit harder than you may be used to.

      --
      #!/bin/csh cat $0
    18. Re:Really!? by CosmicMuse · · Score: 3, Informative

      No, we don't prefer certain genres. And no, we don't demand gay sex in our games, though seeing gay and lesbian -relationships- or -characters- is nice. As for segregation - that implies walling ourselves off from the rest of the gaming community. We don't - usually, the most a 'gaymer' will do is join an LGBT-friendly guild. That's hardly a surprising move when you see some of the vitriol the gaming community at large directs at LGBT people - "faggot" is practically a synonym for any other insulting term you can think of to some people. Gaymers look for places where they don't have to put up with that, and where they can share leisure time with people who have similar interests to them, in game and out - the modern equivalent of the local bar. Is that really such a big deal?

    19. Re:Really!? by 88NoSoup4U88 · · Score: 2

      "Have you ever seen what happens in online games/communities" ; You didn't need to add the rest. It's all part of Gabe's Internet Fuckwad Theory.
      Though to be fair; I kinda hate how the word 'gay' (to depict something to be bad) seems to have started in online games (or that's where I first picked it up), and now also seems to be common ground in real life. When I still used to admin a gameserver, I used to explicitly ban people for that (after giving one warning). Seems to be a lot harder to do in real life :-/

    20. Re:Really!? by ArhcAngel · · Score: 3, Funny

      Of course getting the Preperation-H trademark for your delectable fruit jams and jellies might not be the best idea even if you would be instantly recognizable.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    21. Re:Really!? by bill_mcgonigle · · Score: 3, Funny

      Or just demand gay sex in the games they play?

      They're still upset about the gender bias in Leisure Suit Larry.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    22. Re:Really!? by ArhcAngel · · Score: 4, Informative

      That's why Apple Records lost to Apple Computer.

      Did they? Apple Computer paid Apple Corp. in 1981 and then again in 1991. And even though Apple Computer won the first trial over iTunes there was a good enough chance they would have lost on appeal that they bought the trademark lock, stock, and barrel from Apple Corp.

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    23. Re:Really!? by ToadProphet · · Score: 2

      Not shirts... handkerchiefs

      Not sure if MMO's fall under S&M or Bondage.

      --
      It's on America's tortured brow, That Mickey Mouse has grown up a cow
    24. Re:Really!? by bheerssen · · Score: 2

      When I tire of humanity and its slings and arrows, im labeled anti-social.

      Perhaps some self reflection could help you here.

      When Gays do it, its because they are persecuted and we should all be more understanding of the plight of the gays.

      That is exactly right; they are, and we should.

      --
      (Score: -1, Stupid)
    25. Re:Really!? by Anonymous Coward · · Score: 2, Informative

      The expression is actually 'faux pas', which translates literally to 'false step' and is used in the same context as one would use "misstep"

    26. Re:Really!? by bheerssen · · Score: 3, Informative

      Being attacked is not the same as being persecuted. You have not been denied a loan on the sole basis that you are a white male. You have not been barred from staying in a hotel because you are a white male. You have not been told you can't marry your life partner because you are a strait white male. You have not been denied a job because you are a straight white male. You have not been denied a raise or paid less than others for the same work because you are a straight white male.

      Because you are a straight white male, you get privileged over others. That is the exact opposite of persecution. You can deny that all you like, but it's true.

      --
      (Score: -1, Stupid)
    27. Re:Really!? by seebs · · Score: 3, Informative

      Well, you know, that is a damn good question. And I know a number of people who have been kicked from a guild or clan or whatever after months to years of getting along fine with everyone, because someone heard them refer to a "boyfriend". And it seems to me that they would really, really, like an answer to that question.

      But we don't have one.

      So people who have gotten sick of thinking they found a social group to game with, and then getting kicked out of it or treated in really crappy ways, have started pre-identifying so they can find groups that will treat them basically like normal human beings.

      Usually, the next response is the "erasure" response -- "people should just not talk about their sex lives, then it won't be an issue." That's bullshit. It's bullshit because it's only gay people who are told not to talk about their sexual or romantic lives. No one thinks anything of it when a guy mentions a wife or a girlfriend in a game, or when a girl mentions a husband or boyfriend. But if someone mentions hating mammogram machines, and six months later mentions going out for dinner with a girlfriend, bam, she's in trouble for "shoving her sex life in everyone's face".

      The reality is, social interaction involves some talking about personal lives, and that's part of what makes people engage in social gaming activities to begin with. And the reality is, video game communities are visibly prone to treating people really badly if those personal lives are in some way gay. And as long as that's true, there'll be people using words like "gaymer", or creating "LGBT-friendly" guilds.

      When the day comes that you can confidently join a random guild in an MMO and expect not to get harassed about being a "fag", I doubt you'll see any real interest in "LGBT-friendly" guilds. But that day is not today.

      --
      My blog: http://www.seebs.net/log/ --- My iPhone/iPad app: http://www.seebs.net/seebsfrac/
  2. Re:It's official!! by Anonymous Coward · · Score: 5, Insightful

    And you, sir are a bigot.

  3. In the UK... by zandeez · · Score: 4, Informative

    In the UK 'Gaymer' is a company that makes Cider. http://en.wikipedia.org/wiki/Gaymer_Cider_Company

  4. Re:Look at me, I'm special! by Dexter+Herbivore · · Score: 5, Funny

    How do you call gamers that love cheese? There must be a word for that.

    The French.

  5. Re:It's official!! by Dexter+Herbivore · · Score: 4, Insightful

    It'd be nice if the trolls on /. showed a little more intelligence than this, this is just lazy.

  6. Re:this is how EFF spends donation money? by Dexter+Herbivore · · Score: 4, Insightful

    No, by protecting the rights of gaymers online. Reddit is just the test case.

  7. Re:Look at me, I'm special! by cpt+kangarooski · · Score: 2

    How do you call gamers that love cheese? There must be a word for that.

    GruyÃrmers

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  8. Re:this is how EFF spends donation money? by Lehk228 · · Score: 4, Insightful

    Defending against corporate attempts to poach a name already in use via fraudulent trademark filings is not a good use of their funds?

    --
    Snowden and Manning are heroes.
  9. Except when we're not. by Anonymous Coward · · Score: 5, Insightful

    Even ignoring the cesspool that is the twelve year olds of FPS games, no, we're not used to it.

    MMOs are a prime example. Spend five minutes in one, and you'll see rampant homophobia, bigotry and sexism - ranging from the sadly accepted as tame (EVE Online, usually when one of the aforementioned twelve year olds is relieved of their poorly fitted ship) to making you wonder if you've logged into a fucking Klan meeting (Hi, raiding guilds of EverQuest 2, WoW, et cetera).

    Gamers, like most psuedo-anonymous people on the Internets, are largely shitheads; shitheads who will never shut up about buttsex, women making sandwiches, or traps.

    1. Re:Except when we're not. by K.+S.+Kyosuke · · Score: 2

      MMOs are a prime example. Spend five minutes in one, and you'll see rampant homophobia, bigotry and sexism - ranging from the sadly accepted as tame (EVE Online, usually when one of the aforementioned twelve year olds is relieved of their poorly fitted ship) to making you wonder if you've logged into a fucking Klan meeting (Hi, raiding guilds of EverQuest 2, WoW, et cetera).

      I think that Mr. Sulu has the right response for this.. :D

      --
      Ezekiel 23:20
  10. Re:Look at me, I'm special! by Cwix · · Score: 2

    I am not sure how these people are demanding anything except the right to continue to call themselves what they have called themselves for years.

    Do you even know whats going on here, you sound confused.

    --
    You are entitled to your own opinions, not your own facts.
  11. Re:These Comments are Stupid by Anonymous Coward · · Score: 2, Informative

    If you were under the impression that gays don't bang drunk people they pick up at a meat rack bars like heterosexuals do then I have some bad news for you buddy...

  12. Oh thats nothing by Phrogman · · Score: 4, Informative

    If you want to see *really* abusive language and offensive comments concentrated into their purest form, go play an mmoRPG and try *Roleplaying*. Nothing gets the 12 yr old mentality for heaping offensive abuse on other players up more than encountering a roleplayer in a roleplaying game, believe me.
    In Dark Age of Camelot we had 3 Roleplaying/PvP servers, with a specific set of rules intended to foster RP behavior. We also had some of the best PvPing in the game going. However, there were regularly people who would create a character on one of these RP servers (there were like 17 other servers they could have chosen instead) *solely* for the purpose of standing in a populated area and heaping abuse on anyone they found. I would say I appealed at least 1 person per play session typically for this sort of behavior. I just don't get it. Its not like I logged into the non-Rp servers to insult them for not choosing to roleplay, that would just be a massive waste of my time if nothing else. I can't imagine being so bored as to have nothing better to do that insult people I will never play with.
    Now, I am not gay, but I can easily understand why those who are would group together to form their own community and avoid the abuse they probably get on a regular basis - or at least manage to avoid the typically offensive speech of the gamers around them.
    I cannot really imagine wanting to claim a term that would focus that abuse on me though. That seems *to me* to smack of wanting a reason to get outraged and complain about. Still whatever fills your boots I suppose...

    However I agree that online gamers are typically highly offensive and ignorant as a baseline behavior. Sure, some rise above that but they are the rarity, the vast, vast majority start at pig-ignorant and dig their way down from there. Admittedly this is mostly true only of RPGs that have a heavy PvP element to them. My wife plays LOTRO and it seems fairly mild, but then PvP there is a minor afterthought really.

    --
    "The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
  13. Re:It's official!! by K.+S.+Kyosuke · · Score: 4, Funny

    And you, sir are a bigot.

    Or a homogot.

    --
    Ezekiel 23:20
  14. Re:Look at me, I'm special! by Cwix · · Score: 2

    I read the EFF page, the only demand I see is that they be allowed to use the name as they have for years. That is not ridiculous or laughable.

    Considering how I feel your comments are misguided and silly, does that mean I am allowed to mock you?

    --
    You are entitled to your own opinions, not your own facts.
  15. It can be incredibly hostile by SmallFurryCreature · · Score: 4, Insightful

    I played Lord of the Rings Online the most and was a casual raid leader (meaning I organized and ran raids for casual players where often the loot would go to someone who had a birthday or fought well or been really unlucky rather then loot tables, I also didn't care about levels or experience). They were somewhat popular and I was asked to lead other groups... and then found out that in the NON-PUG groups, getting people to talk was a LOT easier. In the PUG raids everyone had sound on but for some reason few had a microphone. Suddenly in the closed raids, most had. And high voices.

    Turns out I had been gaming with a lot of women. And I mean a LOT. Some were raids were majority female but when I asked them to join a pug something became clear... they were willing to play BUT could I not reveal they were female.

    I have had several discussions online and in the real world were I was told about the kind of abuse female players receive. And this is NOT the rage kind when someone just says "bitch" or the sexual innuendo. Women talk like that too. It were attacks that yes as the AC says, you would expect in Klan meeting. One type of attack is that women have no right to play the game... I mean seriously. WTF?

    AND it is not just trolling, there are a lot of REAL misogynists online. They can't vent their putrid bile in real life because they would get beaten up but online they let go.

    So... the women hide online and only reveal their gender if they feel safe. AND THAT IS NOT OKAY! If you think it is, then I hate your fucking guts and hope you die before spreading your diseased genes. Because THIS attitude is what fuels extremists by tolerating them. It is basically nothing else then "if you don't want to be raped, don't reveal your gender". It is YOUR kind that created the burkha.

    People should be free to be who they are. Yes, there can be gentle ribbing like Q.I. makes fun of homosexuals and hetero's alike BUT that is NOT what gay and female gamers are talking about. Gay and female gamers don't want special regonizition, they simply want to be able to be who they are without getting attacked simply for speaking with a high voice.

    And only a closet bigot would start an argument over whether they got the right to be who they are.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

    1. Re:It can be incredibly hostile by brkello · · Score: 4, Informative

      No, no they are not. When I go online and people find out I am male, nothing happens. When women go online, they are harassed constantly by idiots. Constant messages asking for pictures, a/s//l, etc. They can handle just the random hate filled things as well as any of us can...they are not being singled out. But when their sex is revealed, they are.

      So to say we are treated just as bad as women...well, that is misogynistic garbage for a bunch of pathetic men who have trouble with women because they are socially awkward.

      So grow up. When men start hiding their sex online for fear of being targeted, then maybe you would have a point.

      --
      Support a great indie game: http://www.abaddon360.com
  16. Re:It's official!! by i+kan+reed · · Score: 3, Insightful

    If it's any less blatant than this it gets modded to +5 insightful.

  17. Re:Look at me, I'm special! by PPalmgren · · Score: 2

    Sort of on-topic, French get a lot of guff in international games, as do the quebecois. Surrender monkeys and lots of jokes about retreat and white flags.

  18. Re:this is how EFF spends donation money? by Anonymous Coward · · Score: 2, Interesting

    The problem is a commonly accepted term is not appropriate as a trademark. You can actually LOSE your trademark if you don't staunchly defend it against misuse (like calling all pain relievers "tylenol" instead of referring to the product "Tylenol"). If a company doesn't defend its trademark, the trademark disappears. Double trouble if you trademark a common phrase and try to suppress its use after the fact.

    This guy is a fucking idiot and I guarantee he's going to lose the trademark.

  19. Re:this is how EFF spends donation money? by Joehonkie · · Score: 4, Insightful

    "Was the brand free?" It must be lovely seeing the world as a set of exploitable resources through your corporate colored glasses. Who cares if a word was in common use before this guys trademarked it and now he's suing the community he lifted it from? It's value as a "brand" is more important than anything else!

  20. Re:this is how EFF spends donation money? by Joehonkie · · Score: 4, Insightful

    Except the law doesn't work the way you think it does. You cannot trademark a commonly used term and turn it against its common use. So I can trademark "Apple" as a music or computer company, but I can't trademark it as a brand of apples and sue people for calling their fruit apples.

  21. Re:Look at me, I'm special! by c4320n · · Score: 2

    "Gaymer" is not an actual dictionary word, therefore can not be part of the public domain. If they liked the name so much, they should have registered it as a trademark.

    You are precisely what is wrong with popular linguistics and copyright law.

  22. Whenever I game... by thinktech · · Score: 2

    I try to be a straight shooter...

    --
    What's up with this box everyone has to think inside of or outside of? Why does there have to be a box?