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Citigroup Sues AT&T For Saying 'Thanks' To Customers (techdirt.com)

An anonymous reader writes: Citigroup has a trademark on "THANKYOU" and is currently using it to sue ATT for using "Thanks." Ars Technica reports: "Who knew? Banking giant Citigroup has trademarked 'THANKYOU' and is now suing technology giant ATT for how it says thanks to its own loyal customers. This is 'unlawful conduct' amounting to wanton trademark infringement, Citigroup claims in its federal lawsuit." Citigroup doesn't appear to be gracious in its branding: Despite actual knowledge of Citigroup's substantial use of and exclusive rights in the THANKYOU Marks, Citigroup's use of the marks in connection with ATT co-branded credit cards, and Citigroup's concerns regarding ATT's proposed trademarks, ATT launched a customer loyalty program under the trademarks "thanks" and "ATT thanks" on or about June 2, 2016. ATT's use of the "thanks" and "ATT thanks" trademarks is likely to cause consumer confusion and constitutes trademark infringement, false designation of origin, and unfair competition in violation of Citigroup's rights. Citigroup therefore seeks to enjoin ATT's infringing conduct and to recover damages based on the injury ATT's conduct has caused to Citigroup as well as ATT's unjust enrichment. In April, ATT applied to trademark "ATT THANKS." Citigroup wants that trademark to be rejected because it thinks that proposed trademark is "confusingly similar to Citigroup's "THANKYOU Marks," according to its lawsuit.

46 of 281 comments (clear)

  1. I Love You by Anonymous Coward · · Score: 5, Funny

    Welcome to COSTCO, I Love You.

    Idiocracy at its best!

    1. Re:I Love You by Yvan256 · · Score: 5, Insightful

      I always wondered why they said "I love you", seemed weird to me.

      Seeing stupid bullshit like being able to trademark "Thank you" does explain it all though.

      United States of America, land of the lawsuits.

    2. Re:I Love You by fustakrakich · · Score: 2

      Idiocracy at its best!

      I think it's a brilliant way to transfer money. Somebody gets a nice write off, while the other scurries off to the Caymans. They perform this circus to give the papers something to print.

      Thanks Obama! ®

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:I Love You by arglebargle_xiv · · Score: 5, Funny

      AT&T should just trademark "Fuck you", which is what they're really doing to customers. I don't think Citigroup would object, since their real motto, "Screw you", sounds substantially different.

    4. Re:I Love You by michelcolman · · Score: 5, Insightful

      They do have a point. You know, whenever someone says "thank you" to me, I always naturally assume that they are working for Citigroup. When it turns out they don't work for Citigroup and they were just saying it to be nice, it confuses the hell out of me. Could everyone please stop abusing registered trademarks like that? Thank you.

    5. Re:I Love You by slashrio · · Score: 3, Funny

      No, they don't say "Thank you", Citigroup says "Thankyou".
      If AT&T would just say "Thank you", there wouldn't be any problem.
      To me it's a mystery why anyone would intentionally make an error, but hey, that's why it's a big company:
      The bigger the more stupid they behave.

      --
      "Trump!!", the new Godwin.
    6. Re:I Love You by Ivoch · · Score: 4, Funny

      He makes a WHOOOSH thousand dollars.

    7. Re:I Love You by jafiwam · · Score: 2

      https://www.youtube.com/watch?v=Z8zNsUTWsOc

      Scary how much this ficticious movie is getting close to reality.

      It's not fiction. It's a future documentary from an alternate universe. The Time Macheen depicted in the movie is real. The only thing is it malfunctions and each time it's run (that is, each time the heroes realize it doesn't exist) it bumps that universe over one and closer to ours.

      That's why our universe gets more and more like the movie every day.

    8. Re:I Love You by Gr8Apes · · Score: 2

      No, they don't say "Thank you", Citigroup says "Thankyou". If AT&T would just say "Thank you", there wouldn't be any problem.

      FTFA: AT&T is saying "thanks". Apparently there is a problem, since there's no "you" there in any way.

      --
      The cesspool just got a check and balance.
    9. Re:I Love You by Grishnakh · · Score: 3, Insightful

      Unfortunately, YouTube is blocked for me here, so I have little idea what the link is about.

      But I do think you're overcomplicating things with your alternate universe theory.

      Let me offer my own alternate universe theory from Star Trek to explain this world we live in: if you're familiar with the Star Trek universe, you'll know that the TV shows touch on alternate universes several times. Most famous is the "Mirror, Mirror" episode from TOS where a transporter accident causes Kirk to be transported to an alternate universe where Spock has a goatee and the humans are basically evil, and instead of a United Federation of Planets, there's a "Terran Empire" that makes the Klingons and Romulans (in the normal universe) look like saints. This universe was explored further in Enterprise in two great episodes in the last season, where the TOS Enterprise somehow gets pulled into the mirror universe (and back in time too) and evil Captain Archer uses it for his own gain as it's far more powerful than the existing technologies.

      The problem with Star Trek in general is that it seems extremely unrealistic (and I don't mean technologies which defy our understanding of physics like warp drive): the people in it are simply too *good*: they're altruistic, they're extremely competent (when do you ever see incompetence on the Enterprise? Compare that to your workplace or our government.), they're not corrupt, they're not greedy, they're only slightly flawed but overall are great people. We viewers like to think to ourselves that this is what the future will be like when we achieve a post-scarcity society and aren't required to work for a living to survive and pay the bills, and learn not to be greedy, racist, etc.

      There's a much simpler explanation: Star Trek is actually realistic (about its portrayal of human characters), the catch is, we're in the mirror universe!. The universe where the humans are blatantly evil conquerors who enslave other races and fly around the quadrant destroying and subjugating every civilization we can find: that's us! If we figure out how to build warp-capable starships, that's exactly how we'll act. Those altruistic and competent characters we know and love from TOS and TNG, that's in some other universe where humans are good. We don't live in that universe.

      Hopefully, for the sake of intelligent beings across the galaxy, the humans in the good-human universes have figured out how to teleport between universes at will, and have sent agents to our universe to sabotage our efforts to achieve interstellar travel.

    10. Re:I Love You by infolation · · Score: 2

      Citigroup's THANKYOU trademark only protects them from other companies operating in the same market sector using the protected mark.

      They were able to get the trademark because banks saying THANKS are so rare. For example, they would not have been able to take out a trademark on the phrase F***YOU because that's so common in the banking sector.

  2. This is quite possibly... by Anonymous Coward · · Score: 5, Insightful

    The dumbest thing I've ever fucking seen. There are no words for the fact that we've gotten so low as to trademark appreciation. Not to mention the fact that these are two companies who, to the best of my knowledge, fuck their customers in the wallet in unconscionable ways with frequency.

    Things like this are why people are against overuse of IP laws.

    Best fucking CAPTCHA I've ever seen: truthful.

    1. Re:This is quite possibly... by Anonymous Coward · · Score: 5, Funny

      Wait until they sue Kansas City, New York City and all the other infringers of the Citi trademark.

  3. Say "Citigroup" instead of "Thank You" by Hasaf · · Score: 5, Funny

    I think I am going to give a shot at saying "Citigroup" instead of thank-you. Them , when people look at me with a dumfounded expression, I can explain that Citigoup has established ownership over the words "Thank You" and "thanks."

    Citigroup for reading my silly idea.

    1. Re:Say "Citigroup" instead of "Thank You" by ZipK · · Score: 5, Funny

      Citigroup for sharing.

    2. Re:Say "Citigroup" instead of "Thank You" by MobileTatsu-NJG · · Score: 5, Informative

      Citigroup's "Thank you" is a loyalty rewards service. AT&T's "Thank you" is also a loyalty rewards service. It'd be like Wendy's offering a Super Size menu. The article even says as much but since the dipshit that wrote it went off on a knee-jerk reaction you've been mislead to believe that it's about usage of the simple phrase.

      This is not the site to go to if you want informed news on patents, trademarks, or copyrights. Hell, half the commenters on this site think Apple owns anything with a rounded corner.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    3. Re:Say "Citigroup" instead of "Thank You" by amiga3D · · Score: 5, Insightful

      It's "Thanks." I mean fuck man, it's "Thanks." I get what you're saying but it's about one of the most common terms in the English language. This entire thing is beyond fucked up. It makes me want to hate them for their arrogance in claiming the word "Thanks." I already hate Citigroup anyway but I used to hate AT&T more. Now they've moved ahead on the shitty fucking corporation list.

    4. Re:Say "Citigroup" instead of "Thank You" by I'm+New+Around+Here · · Score: 4, Informative

      No, they didn't claim the word thanks, they claimed a loyalty reward program called "Thank you". If you're mad about this then you've been mad at Google over their trademark of "Android" for a long time now.

      No, they claimed a loyalty reward program called "THANKYOU". Not "Thank you", and certainly not "Thanks", and most certainly not "ATT Thanks". Those are all different. Whether they are too similar is apparently up to a judge/jury.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    5. Re:Say "Citigroup" instead of "Thank You" by MobileTatsu-NJG · · Score: 2

      You're absolutely right. Apple should totally be able to call their next phone "Android".

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    6. Re:Say "Citigroup" instead of "Thank You" by Anonymous Coward · · Score: 3, Insightful

      That's spot on. And that's why trivial words like 'thank you' or 'windows' should never be allowed to be used as trademark in the first place.

    7. Re: Say "Citigroup" instead of "Thank You" by EzInKy · · Score: 3

      Maybe, but they trademarked "Thank You"? WTF.

      --
      Time is what keeps everything from happening all at once.
    8. Re:Say "Citigroup" instead of "Thank You" by AmiMoJo · · Score: 4, Funny

      I first encountered Citygroup in Japan, where it's pronounced "shitty group".

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    9. Re:Say "Citigroup" instead of "Thank You" by silentcoder · · Score: 2

      >Hell, half the commenters on this site think Apple owns anything with a rounded corner.

      Well, apple thinks so too.

      --
      Unicode killed the ASCII-art *
  4. Clickbait title by fearofdecaf · · Score: 5, Informative

    Citigroup are suing AT&T for marketing a rewards program based on the word "Thanks" because they have a registered trademark for a rewards program using "Thankyou" marks. This has nothing today with anyone 'saying thanks'.

    No story here. Go about your business.

    1. Re:Clickbait title by MobileTatsu-NJG · · Score: 4, Informative

      Citigroup are suing AT&T for marketing a rewards program based on the word "Thanks" because they have a registered trademark for a rewards program using "Thankyou" marks. This has nothing today with anyone 'saying thanks'.

      No story here. Go about your business.

      This is not off-topic. This is exactly what the article says! Here's a quote from the article:

      Despite actual knowledge of Citigroupâ(TM)s substantial use of and exclusive rights in the THANKYOU Marks, Citigroupâ(TM)s use of the marks in connection with AT&T co-branded credit cards, and Citigroupâ(TM)s concerns regarding AT&Tâ(TM)s proposed trademarks, AT&T launched a customer loyalty program under the trademarks âoethanksâ and âoeAT&T thanksâ on or about June 2, 2016.

      That's a pretty important detail to leave out of the summary! Somebody please fix the parent's moderation.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    2. Re:Clickbait title by Anonymous Coward · · Score: 5, Funny

      I'm going to trademark â & âoe and charge $10 each time a miss-configured news site uses it.

  5. In Related News... by Anonymous Coward · · Score: 5, Funny

    Comcast is just waiting for someone to infringe on their "Fuck You" to customers trademark.

    1. Re:In Related News... by wbr1 · · Score: 3, Funny

      Followed closely by Microsoft's "Bend over, it will only hurt a little." rewards plan.

      --
      Silence is a state of mime.
  6. Citibank or AT&T? by theskipper · · Score: 5, Funny

    Even the devil is having trouble picking sides on this one. Mainly because it would mean favoring one child over the other.

    1. Re:Citibank or AT&T? by jmcvetta · · Score: 2

      Even the devil is having trouble picking sides on this one. Mainly because it would mean favoring one child over the other.

      Sorry, I've already trademarked "the". Cease and desist use of my trademark immediately! If you do not comply at once, a kangaroo court will force you to pay millions and millions and millions of dollars for the irreparable damage your wanton disregard for Duh Law has wrought on my business.

    2. Re:Citibank or AT&T? by Crashmarik · · Score: 2

      Sorry I have the letters A to Z and a to z so don't go getting ideas about lowercase

    3. Re:Citibank or AT&T? by Yvan256 · · Score: 5, Funny

      We're very sorry, but we trademarked the word sorry decades ago.

      Signed,
      Canada.

  7. Citibanks says thank you by MrKaos · · Score: 2

    FUCKYOU

    --
    My ism, it's full of beliefs.
    1. Re:Citibanks says thank you by iggymanz · · Score: 2

      As long as you're not using my FUCKYOU(R)(TM)(Pat. Pend)(C)

  8. This CAN'T be serious by raymorris · · Score: 5, Interesting

    I can only think this has to be a joke. Trademarks don't work that way.

    Someone tell me I've been on a huge practical joke TV show and this isn't real, we're not really choosing between a reality TV personality vs a felon for president, and Disney World doesn't really have alligators eating their guests.

    1. Re:This CAN'T be serious by Solandri · · Score: 2

      This is the way trademark law works. You must defend the trademark or risk losing it.

      Citibank's trademark is for a reward points program. Their beef is with an AT&T Thanks program which, like the Citibank program, rewards loyal customers. So that aspect of trademark infringement (that the two names are for a similar product or service which could be confused) is satisfied. This isn't because AT&T is just saying "Thanks" as TFS claims.

      At that point, even if Citibank thinks the lawsuit is silly, they still have to file it. Once the court decides there is no infringement, both sides are safe. AT&T is free to call their program AT&T Thanks. And Citibank's ThankYou trademark is safe because they defended it

      If they didn't file a lawsuit, someone else could start another rewards program named "Thanks" or maybe "[company_name] Thanks You." When Citibank sued them, they could point to Citibank's failure to defend their trademark against AT&T. The court could decide that that constituted Citibank abandoning the trademark.. Even though the possibility of that is extremely small, the fact that it's not zero means the trademark holder is going to play it safe and file a lawsuit against anything which could be considered a trademark violation.

    2. Re:This CAN'T be serious by EzInKy · · Score: 2

      Citigroup has a trademark on 'Citigroup ThankYou Loyalty Cards'
      AT&T released a loyalty card called 'AT&T Thanks'

      What's the problem then? "AT&T Thanks" is no where near "Citigroup ThankYou". I hate both companies, but "thank" has been a part of the English language like forever! And trademarking everyday English would be quite a stupid proposition.

      --
      Time is what keeps everything from happening all at once.
  9. Fire the Trademark Bureau by kenwd0elq · · Score: 5, Insightful

    Any government bureaucrat who had ANY involvement, however slight, in approving a trademark for "THANKYOU" should be fired.

    1. Re:Fire the Trademark Bureau by fustakrakich · · Score: 2

      Yes, the entire department has been sacked, and the committee that created the department has also been sacked. And those who approved the formation of the committee have also been sacked, sir

      --
      “He’s not deformed, he’s just drunk!”
  10. Failure to Police by cliffjumper222 · · Score: 2

    This is par for the course in trademark land. Trademark rights might be lost when a trademark owner fails to police its mark against eroded distinctiveness. In this case, Citigroup think that AT&T's use could lessen the distinctiveness of their THANKYOU. On the face of it, it probably does. As a result, their trademark will become weaker, and may lose its distinctiveness entirely. If it does, they could actually lose the mark. To help avoid this, the trademark owner it pretty much obliged to police its mark through legal means, up to and including going to court. This is pretty much mandatory - you need to do this, it's not really an option. Some courts have determined you don't have to prosecute every infringing third-party use, but if you have the money and the mark is worth it to you, then it's a no brainer.

    1. Re:Failure to Police by Leuf · · Score: 3, Insightful

      In order for a trademark on thank you to lose distinctiveness it would have to actually have some to begin with.

  11. Customer confusion by Livius · · Score: 4, Funny

    ATT's use of the "thanks" and "ATT thanks" trademarks is likely to cause consumer confusion

    It's true, people are surprised and confused to hear the word "thanks" coming from either of those corporations.

  12. The trademark just sailed through examination. by Steve1952 · · Score: 4, Interesting

    I looked this up at the USPTO trademark site. It is registered trademark 3249982. Usually, a trademark examiner who is say...awake, would immediately reject the application on the basis that "THANKYOU" is "generic". Not here. The examiner just gave an initial "thumbs up" with no objection, and the rest is history. Amazing.

    1. Re:The trademark just sailed through examination. by LMariachi · · Score: 2

      And it's for "Promoting the goods and services of others through credit card customer loyalty, reward and redemption programs."

      Does AT&T issue credit cards now?

  13. Re:*thumps watch* by spire3661 · · Score: 2

    Umm, i dont know how to tell you this but BttF future is actually set in the PAST now, and we are 3 years away from Blade Runner being the past too.

    --
    Good-bye
  14. Re:Thank you for being a friend by slashrio · · Score: 5, Funny

    And that from an anonymous cow-ard...

    --
    "Trump!!", the new Godwin.