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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."
i better get to work on my "/." logo copy right
https://tsdrapi.uspto.gov/ts/c...
Zazzle is probably erring on the side of not getting sued.
You would think so, but unfortunately all the good lawyers went somewhere else...
God invented Pi. don't get his lawyers into this...
God has no lawyers. They're all in Hell.
Actually, the greeks invented the symbol being held as IP.
Zazzle.com. A web site that I've never heard of before, but won't ever be visiting...
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.
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.
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.
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.
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.
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.
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.
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...
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?"
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