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Zazzle.com Thinks Depictions of Pi Are Protected Intellectual Property

Byteme writes: "A number of Zazzle.com users have had their art and products removed from the site after a man named Paul Ingrisano was granted a trademark for 'Pi Productions' using a logo that consists of this freely available version of the pi symbol from the Wikimedia website combined with a period. He made infringement claims against several websites, and Zazzle took down many clothing products that featured designs using the pi symbol. When users called them on it, they locked a public forum thread and said they're evaluating Ingrisano's complaint."

50 of 264 comments (clear)

  1. damn by zlives · · Score: 5, Funny

    i better get to work on my "/." logo copy right

    1. Re:damn by LifesABeach · · Score: 2

      I guess Paul Ingrisano will go after those Greeks in the EU next?

    2. Re:damn by Mirar · · Score: 2

      EU actually have comparably working IP laws. And we point and laugh at your problems.

      That is, unless they get something like ACTA through EU parliament. Then we'll have it too.

    3. Re:damn by RabidReindeer · · Score: 4, Funny

      Great. Now that you have your IP laws in order, you should probably get around to doing away with your kings and queens. It's been embarrassing to have them for over two hundred years now. While you're at it, drop your official state religions, so you can go from being theocratic monarchies to secular democracies.

      But yeah, super great that your trademark laws are so flexible.

      Hey, what's wrong with a theocratic monarchy? We've been building one in the USA for the last 30 years!

    4. Re:damn by Tablizer · · Score: 2

      i better get to work on my "/." logo copy right

      Every image of a pool game will be taken down.

    5. Re:damn by Anonymous Coward · · Score: 4, Interesting

      I'm sure you are joking there is one benefit of having the old monarchies remaining.
      While the kings in Europe seldom have a say in day to day politics there are occasionally leftover laws that transfer the command of the army to the king in the case of war. (The benefits of having a single strong leader in the event of crisis and so on.)
      This means that the government can't declare war on terrorists, drugs or videogames left and right.
      Or rather, they can, but declaring war gives power to someone else than the one declaring war. It becomes a lot less fun that way.

    6. Re:damn by reboot246 · · Score: 3, Insightful

      I'm beginning to think that it's not so much which form of government you have at the top, it's all the bloated bureaucracies that are the problem - unionized government workers who are damned near impossible to fire and who make more than their equivalents in the private sector. They have no incentive to do any more than enough to get by. Plus, all those alphabet agencies make regulations by the ton (because they CAN) because it justifies their existence and massive budgets.

      I don't have a problem with unions in the private sector because you can push a company only so far before it fails. But government has really deep (practically bottomless) pockets, and politicians are quick to oblige any requests from their favorite campaign donors.

      Result? Idicocracy in real life.

  2. Prior Art Exists. by swschrad · · Score: 3, Funny

    God invented Pi. don't get his lawyers into this...

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re:Prior Art Exists. by Infoport · · Score: 5, Funny

      You would think so, but unfortunately all the good lawyers went somewhere else...

    2. Re:Prior Art Exists. by Anonymous Coward · · Score: 5, Insightful

      God invented Pi. don't get his lawyers into this...

      God has no lawyers. They're all in Hell.

    3. Re:Prior Art Exists. by i+kan+reed · · Score: 4, Informative

      Actually, the greeks invented the symbol being held as IP.

    4. Re:Prior Art Exists. by ackthpt · · Score: 3, Funny

      Paul desperately needs to be kicked into a large, deep pit while someone shouts, "This is Sparta" or suchlike.

      --

      A feeling of having made the same mistake before: Deja Foobar
    5. Re:Prior Art Exists. by NotSanguine · · Score: 2

      No, No: somebody should do a little research on this Ingrisano character and let him know that we know where his kids go to school and the route his wife takes to work (if no wife or kids, mom and dad would do, too).

      Then smile.

      Scum like this deserve no better

      Stalking is a crime in New York State. The behavior you suggest clearly falls under NY State's Stalking law.

      While it's unlikely you would end up in State PMITA prison (unless you have a previous conviction), you might well end up in NYC PMITA Riker's Island. Which could be a problem, unless you're into that kind of thing.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
    6. Re:Prior Art Exists. by ackthpt · · Score: 2

      No, No: somebody should do a little research on this Ingrisano character and let him know that we know where his kids go to school and the route his wife takes to work (if no wife or kids, mom and dad would do, too).

      Then smile.

      Scum like this deserve no better

      From the pictures you can find I dunno if he's likely to have a wife or kids...

      --

      A feeling of having made the same mistake before: Deja Foobar
    7. Re:Prior Art Exists. by gstoddart · · Score: 2

      Nearly as old as Beer?!? That's awesome.

      I'm not sure there's much about humans which is nearly as old as beer ... a lot of people think beer is why humans started farming in the first place. ;-)

      --
      Lost at C:>. Found at C.
    8. Re:Prior Art Exists. by Mirar · · Score: 2

      Quick, someone inform the churches. There's lots of money in this.

    9. Re:Prior Art Exists. by ja · · Score: 2

      Hell is empty - all the devils are here.

      --

      send + more == money? ...
    10. Re:Prior Art Exists. by Jason+Levine · · Score: 5, Funny

      The reason all the devils are here is that they can't stand Hell anymore. It hasn't been the same since all those lawyers arrived.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    11. Re:Prior Art Exists. by NotSanguine · · Score: 2

      That's not stalking. Stalking requires you actually... stalk someone. Just saying that you know where he and his family operate could at best be considered assault.

      Actually, according to the statute, it is. From the statute:

      PL 120.45 Stalking in the Fourth Degree
      Class B Misdemeanor
      A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct;

      (1) is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a family member, or an acquaintance;
      or

      (2) causes material harm to the mental or emotional health of the victim by "following, telephoning or initiating communication or contact with such person," a family member, or an acquaintance,
      and the actor was previously informed to cease that conduct; or

      (3) is likely to cause the victim to reasonably fear that his or her employment, business or career is threatened by "appearing, telephoning or initiating communication or contact" at the victim's place of employment or business, and the actor was previously informed to cease that conduct.

      [Emphasis Added]

      Doing as the OP suggests would, almost certainly, "cause reasonable fear of material harm to the physical health, safety or property of such person, a family member, or an acquaintance"

      Such a threat is implicit in the actions advocated by OP.

      --
      No, no, you're not thinking; you're just being logical. --Niels Bohr
    12. Re:Prior Art Exists. by sootman · · Score: 5, Funny

      Good old joke:

      An Engineer died and went to see St. Peter who told him that he was sorry but could not let the engineer into heaven. At first the conditions bothered the engineer but after a while he started to make improvements. He added an escalator, running water, and after a couple of months even air conditioning. Of course eventualy God heard about the changes down below. God phoned up the devil and explained that a mistake had been made and that the engineer would have to be moved up to heaven. The devil said no, because he liked the changes too. God told the devil "This is your last chance. Send that engineer up here or I'll sue you!" The devil laughed and said "Ha, where are you going to find a lawyer?"

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  3. How would it infringe? by O('_')O_Bush · · Score: 2

    If the trademark has a period, and the clothing designs etc do not, how does Dazzle justify that being a trademark infringement?

      Because if that is legal, I am going to trademark ng on red signs with STOP on them and sue the gov't for using something too similar.

    --
    while(1) attack(People.Sandy);
    1. Re:How would it infringe? by Luthair · · Score: 4, Insightful

      Zazzle is probably erring on the side of not getting sued.

    2. Re:How would it infringe? by phantomfive · · Score: 2

      If the trademark has a period, and the clothing designs etc do not, how does Dazzle justify that being a trademark infringement?

      The question with trademarks is not, "are they exactly the same?" The question is, "are they close enough that people would get confused?"

      This is different than patents, where it must follow the exact rules laid out in the claims.

      It is also different than copyright, where even if it looks completely different, it still might be a derivative work.

      --
      "First they came for the slanderers and i said nothing."
    3. Re:How would it infringe? by Frosty+Piss · · Score: 3, Informative

      Zazzle is probably erring on the side of not getting sued.

      By someone who probably can't afford a decent lawyer to bring a case that would be quickly tossed out of court?

      No, Zazzle is simply a bunch of lazy ass wipes.

      Solution: Don't use their site. I certainly never have....

      --
      If you want news from today, you have to come back tomorrow.
  4. Fixed link from summary by MobyDisk · · Score: 5, Informative
  5. Which trademark? by snsh · · Score: 2

    The original deep link to USPTO.GOV is broken. Are we talking about registration# 4473631? That specifically covers the stylized "pi mathematical symbol followed by a period." There is no exclusive right given for the symbol pi by itself or in other contexts.

    1. Re:Which trademark? by Jason+Levine · · Score: 4, Interesting

      This is the trademark: http://tsdr.uspto.gov/#caseNumber=85785006&caseType=SERIAL_NO&searchType=statusSearch

      It's for the Pi symbol followed by a period. Literally. "The mark consists of the pi mathematical symbol followed by a period." So if I had a shirt that said "I like Pi." (using the symbol for Pi), my shirt would be in violation of his trademark. Furthermore, he might try claiming that just showing Pi by itself would be "confusingly similar." Not that he'd be successful, but he could threaten lawsuits which might make others back down due to an inability to fight a legal battle.

      He's also filed for the common Internet "I Love" shorthand: I <3 http://tsdr.uspto.gov/#caseNumber=85481027&caseType=SERIAL_NO&searchType=statusSearch

      As he doesn't currently seem to be USING these trademarks at all, he should automatically lose all rights to them.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    2. Re:Which trademark? by gstoddart · · Score: 3

      So if I had a shirt that said "I like Pi." (using the symbol for Pi), my shirt would be in violation of his trademark.

      Except, it wouldn't.

      The trademark prevents you from using it as a clothing brand identifier.

      Having it be incidentally used on clothing is not infringing. This guy seems to think it is, but it doesn't work that way.

      I don't think he's got a leg to stand on, but the problem with this stuff is it costs time and money in the form of lawyers to prove that.

      This is just further evidence the USPTO are morons.

      --
      Lost at C:>. Found at C.
    3. Re:Which trademark? by gstoddart · · Score: 2

      And this is why we have patent/copyright trolls ... a broken legal framework, coupled with a broken legal system, and no real penalties against people who file blatantly abusive lawsuits.

      And people wonder why everyone thinks lawyers should all be killed.

      --
      Lost at C:>. Found at C.
  6. Anyone notice... by barlevg · · Score: 3, Insightful

    his initials, Paul Ingrisano

    1. Re:Anyone notice... by oodaloop · · Score: 2

      Uh, actually, I didn't get it until barlevg pointed it out. Yes, I feel stupid.

      --
      Tic-Tac-Toe, Global Thermonuclear War, and relationships all have the same winning move.
  7. I 3 by Shortguy881 · · Score: 2

    Paul Ingrisano also owns "I 3" ..... Yeah ok.

    --
    Brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical infants.
  8. Zazzle.com by cstacy · · Score: 4, Insightful

    Zazzle.com. A web site that I've never heard of before, but won't ever be visiting...

  9. Re:Going after I 3 next by Jason+Levine · · Score: 4, Interesting

    Slashdot mucked up the formatting. (Of course, I should have seen this in the preview.)

    Just replace "I 3" with "I <3" above.

    Also, here's his new trademark: http://trademarks.justia.com/854/81/i-3-85481027.html

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  10. Re:That will teach those mathematicians by SuricouRaven · · Score: 2

    You can patent it in the US, but not Europe.

  11. Re:Pi R Protected by SpankiMonki · · Score: 2

    nine

  12. Re:Almost as retarded as patenting 2 primes ! by gnupun · · Score: 2

    Too bad the general public is too apathetic to see how completely retarded patenting a common mathematical symbol is when the dam thing has been in use for THOUSANDS of years prior.

    This is about trademarks, not patents. You're ignorant thinking that trademarks have a limited lifespan -- they are forever.

  13. Re:Free market strikes again... by retchdog · · Score: 3

    we don't think it's the same thing. put briefly, we just think that your fairy tale pure capitalism can't exist, and that its supporters are naive dupes of the cronies and neo-feudalists.

    --
    "They were pure niggers." – Noam Chomsky
  14. Re:Almost as retarded as patenting 2 primes ! by gstoddart · · Score: 4, Insightful

    Too bad the general public is too apathetic to see how completely retarded patenting a common mathematical symbol

    It's also too bad the general public is unaware of the difference between a trademark and a patent. ;-)

    --
    Lost at C:>. Found at C.
  15. Re:Free market strikes again... by Rockoon · · Score: 2

    we just think that your fairy tale pure capitalism can't exist

    ....so long as the statists continue to defend ever increasing amounts of regulation with bullshit arguments like this, sure.

    --
    "His name was James Damore."
  16. Rewriting textbooks by marciot · · Score: 4, Funny

    That specifically covers the stylized "pi mathematical symbol followed by a period."

    Oh dear. I guess we'll have to fix all textbooks to remove infringing uses of pi at the end of a sentence..

    Example of infringing use:

    The ratio of a circle's circumference to its diameter is .

    Non-infringing alternatives:

    The ratio of a circle's circumference to its diameter is !
    The ratio of a circle's circumference to its diameter is :)
    , what the ratio of a circle's circumference to its diameter is.

     

  17. Re:Almost as retarded as patenting 2 primes ! by drstevep · · Score: 4, Informative

    Did you seriously read the patent? The patent is using the numbers in one of the claims as part of a mechanism. Schalfly is not patenting the numbers, just their use in a particular process. He is patenting the process, which involves using a designated set of primes to perform iterative calculations to compute "partial modular reduction of cryptographic variables."

    The concept (using a designated something as a component in a patented invention) was the same in patent number 1. In this patent, gears and cogs were used to improve the efficiency of locomotives going up hills. What was patented was using gears and cogs in a particular configuration to accomplish a goal. Gears and cogs were not patented. The construction was patented.

    The same thing here. The primes are not patented. You are free to use them however you want, as long as you do not use them in this particular machine to compute "partial reduciton[s] of cryptographic variables." Go ahead, use them as seeds in the dice roll generator for your RPG. Use them as dimensions of your mansion's living room. Print them out and use the paper to light a fire. You're allowed.

  18. Re:Free market strikes again... by gstoddart · · Score: 3, Interesting

    ....so long as the statists continue to defend ever increasing amounts of regulation with bullshit arguments like this, sure.

    Yawn ... do you know what you would have without a state? Nothing.

    You wouldn't have an education, running water, roads, a hospital to have been born in, or an internet to use to bitch about the state. You'd probably be someone's property.

    You know what they call people who want to overthrow the state? Terrorists.

    You might choose to call yourself a revolutionary. Go ahead. You'd be in good company with Chairman Mao, Pol Pot, and Joseph Stalin.

    And, you'll probably whine about how the state does everything with a gun pointed to your head. If it wasn't the state, it would be someone else.

    And what you're idealizing is pointing a gun to the head of everyone else and saying they must accept your wonderfully deluded reality. Again, just like Chairman Mao et al ... if we could only force the masses to see how divinely right we are, they would understand. But if they won't understand on their own, they must be made to understand.

    Bravo, sir.

    --
    Lost at C:>. Found at C.
  19. Re:Free market strikes again... by OakDragon · · Score: 3, Funny

    we just think that your fairy tale pure capitalism can't exist, and that its supporters are naive dupes of the cronies and neo-feudalists.

    I thought we were an autonomous collective.

  20. An address to address this at... by Frosty+Piss · · Score: 4, Interesting

    Paul Ingrisano
    1933 73rd street
    Brooklyn, NY 11204

    Apperently, he's an arteeest.

    --
    If you want news from today, you have to come back tomorrow.
  21. Re:Free market strikes again... by ericloewe · · Score: 3, Funny

    You're fooling yourself! We're living in a dictatorship, a self-perpetuating autocracy in which the working classes...

  22. Re:Free market strikes again... by jythie · · Score: 3, Insightful

    Well, beyond being, as you say, crazing fucking idiots, often it is the case that the people who want revolution are really seeking disproportionate power of their own, often with even less of the population behind them then the current government. Just look at the US, most of the pro-revolution crowd makes up fairly small groups who are angry at having to share power with others who they view as 'not real americans'.

  23. Re:Switch to Tau by Richy_T · · Score: 2

    Actually, Phi would have been a far superior Greek letter to use when you look at it given that the circumference of a circle is 2*pi*r

  24. Registration != ownership by American+Patent+Guy · · Score: 5, Informative

    I can understand how many in this community would think that because a trademark (or copyright) has been registered, the registrant has "carte blanche" to use it and prohibit others from using it. That is, after all, how domain registrations work...

    What a registration really is is the filing and recognition of a CLAIM to ownership rights. The USPTO does do a search to make a determination of its own as to whether the registrant has any rights in a trademark, but that is far, far from conclusive. There are examples in the caselaw where some unknown guy out in the middle of Iowa has been using an unregistered trademark, someone else comes along later registering that same or a similar trademark (innocently and coincidentally), and the registrant can't stop the little guy from continuing his use. What the registration does is to put the world on notice of the intent of the registrant to use the registered trademark, and give him an avenue against parties who come along later wanting to use it. The registrant still has to prove in court that it has ownership rights, EVEN THOUGH it has registered the trademark.

    So this "PI." trademark could be attacked in a number of ways. It could be that the registrant really hasn't used (or continued to use) it in the marketplace. The symbol is arguably so generic that trademark rights cannot be had. Sometimes trademark rights are restricted to one field of use, and others get to use it for something else. And, from the example above, it could be that the alleged infringers started using the symbol before the registrant did.

    So what our legal system prescribes is that Zazzle and their suppliers go consult with their own attorneys, competent in trademark law, and decide whether they need to change their products. That's what lawyers are for...

  25. Zazzle's been bad in the past by Dixie_Flatline · · Score: 3, Insightful

    I'm friends with some artists, and the problem with Zazzle (and many other sites like them) is that actually stolen content gets submitted all the time, and they probably got sick of getting 1000 emails from an artist and all of that artist's fans for someone effectively stealing a design and submitting it as their own.

    This guy doesn't have a leg to stand on, but it doesn't mean that nobody ever has a reason to complain. The reality is that the internet is a place where people try and pass things off as their own constantly. That's bad enough, but when someone starts making money off of your art--your original, actual art--it becomes really damaging to you. People start thinking YOUR design is the fake, even though it's the original. It sucks.

    So yeah, this is lame and bit lazy, but not immediately responding to an infringement notice is also lame and lazy.