it may have been mentioned earlier in this thread but, like so many reactionary slast dot stories, the original post got it wrong. The complaint is not saying that ripping MP3s from your CDs is an infringement. It, in fact, acknowledges that doing so is fair use.
However, it continues by saying that then making those MP3s available for download by others destroys that fair use.
Say what you want about the RIAA (and I think they're a bunch as @sshats), they are right on this score.
Did Worse Than Failure lose a lawsuit or did they simply respond to a cease and desist notices? Anyone can assert just about any "right" but it's up to the recipient of notices to fight ridiculous demands. In my opinion (trademark attorney), I think Worse Than Failure would have prevailed in a trademark infringement suit; probably at summary judgment stage.
First off, the original post is wrong. The guy is not trying to trademark NSFW to describe naughty online content. The application is for the provision of entertainment services. To complain about this application is very much like complaining about someone trying to trademark the word "Apple" for computers and electronics. Oh my, but who would do that?
If the application is registered, it would not take NSFW out of the public domain of posts and the like. It will just prevent the COMMERCIAL use of NSFW for the provision of entertainment services.
So, if one of you wanted to use NSFW to sell, say, a cologne, you still could. And you could prevent others from doing so by registering the trademark.
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it may have been mentioned earlier in this thread but, like so many reactionary slast dot stories, the original post got it wrong. The complaint is not saying that ripping MP3s from your CDs is an infringement. It, in fact, acknowledges that doing so is fair use.
However, it continues by saying that then making those MP3s available for download by others destroys that fair use.
Say what you want about the RIAA (and I think they're a bunch as @sshats), they are right on this score.
Did Worse Than Failure lose a lawsuit or did they simply respond to a cease and desist notices? Anyone can assert just about any "right" but it's up to the recipient of notices to fight ridiculous demands. In my opinion (trademark attorney), I think Worse Than Failure would have prevailed in a trademark infringement suit; probably at summary judgment stage.
First off, the original post is wrong. The guy is not trying to trademark NSFW to describe naughty online content. The application is for the provision of entertainment services. To complain about this application is very much like complaining about someone trying to trademark the word "Apple" for computers and electronics. Oh my, but who would do that? If the application is registered, it would not take NSFW out of the public domain of posts and the like. It will just prevent the COMMERCIAL use of NSFW for the provision of entertainment services. So, if one of you wanted to use NSFW to sell, say, a cologne, you still could. And you could prevent others from doing so by registering the trademark.