I agree. Tivo is not a patent troll. They invented something new and unique. The others copied it. If the other posters have ever created something unique and had someone take it they would know how the people at Tivo feel.
When I first skimmed this item I saw "classified" and thought "top secret". The government is using Craiglist? A "classified" version of Craigslist? Then the duh moment...um classified ads.
The letter is a combination of the TMobile trademark lawyers doing what lawyers do...billing hours. Plus, they are protecting the TMoblie trademark. With Trademark law you must prove that you have diligently protect your TM by notifying parties of infringement. In every suspected case. With Endgadget there is no confusion or dilution of the TM. But, if someday TMobile has to defend their TM in court against another mobile provider who might use the color..they can haul out the big box of all the letters they sent to everyone who used Magenta and prove they diligently protected their TM
I'm sorry I really don't have any real insight to add to the discussion but had to share the mental image I got when I read the headlines: Microsoft To Fight Korean Verdict of Bill in a baggy karate gi fighting a TKD master. It wasn't pretty.
But as one commentator on the story points out, the test compared protected WMA files with unprotected MP3 files. It should have compared protected-WMA to unprotected WMA, or Apple's FairPlay AAC versus unprotected AAC.
Back when the first rumor about Sun and Apple merging in 1996 I "blogged" a parody of a Snapple lable on JokeWallpaper.com called "Sunapple Crazy Computer Cooler"
I remember a TV commercial...maybe you remember it too....Big conference has come to a halt because of the computer running the PowerPoint presentation has frozen. The audience is yelling out suggestions..."Try restarting, Try Control-Alt-Delete, etc." There is a pause...then someone yells out..."You should've bought a Mac."
After 11 years of Windows 3+, Win 95, Win 98 and Windows 2000...I got tired of the crashes and then the viruses and spyware. I got a PowerBook. I now do my online banking with Mac OS X and Safari.
Back when I was downsized and had no dental insurance I made a deal with my dentist to do a Web site for the $800 in dental work I needed. I also traded four evergreen trees for a site for a landscaping service.
Anytime I deal with anyone who provides a service...I always ask "how is your Web site doing, getting any sales off of it." You never know if they might be interested in trading.
Try it, it might work.
James Dallas Egbert III - D&D Legend
on
D&D Is 30
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· Score: 1
I was at Michigan State at the time the D&D "Legend" of James Dallas Egbert started. I was never a big D&D fan, but had lots of fun in the old MSU steam tunnels.
Here's a link to the true story that became the legend.
Sample:
"You may have heard the urban legend about that student who died playing a "live" version of Dungeons and Dragons in the steam tunnels at Michigan State University. How about the one where the RPG player killed himself because his gaming character died? These stories have been adapted into a pretty funny Chick Tract, a thriller novel, and a made for TV movie."
I created my parody "Elvis Shot JFK: We Have Proof!" Web site back in 1998. Despite the fact that the URL:
http://www.jokewallpaper.com/elvisshotjfk
Has the word "joke" in it...I still get an e-mail about once a month from people who think it's real. People are gullible even when you tell them it's a joke.
Someone is very skilled with the Photoshop here. This is a very good hoax. Great job! If this was real...it is so top heavy it would capsize with the first 2" wave that hit it broadside.
One element of any company protecting their trademark is proof that you have been diligent in efforts to protect it.
In other words. Proctor and Gamble is diligent in protecting their "Kleenex" trademark by sending out letters to writers who use their trademark as a generic term. If you write a book and say "Susan grabbed a kleenex to wipe away a tear as Windows XP crashed again". You might get a letter from a P&G reminding you that "Kleenex" is a trademark for paper tissue, not a generic term. Then, if there is a real challenge to P&G on the trademark, their lawyers can bring in boxes and boxes of letters they have written over the years to prove they have been diligent in efforts to protect their trademark.
The Penny Arcade - American Greetings - Strawberry Shortcake is one of two things. Or a combination of both:
1) American Greeting is protecting their trademark by being diligent in all instances of real or perceived infringement.
2) Some company lawyer, or para-legal, is justifying their paycheck by sending out trademark infringement letters.
Either way, their use is probably protected as parody.
You all might get a laugh out of a couple of Trademark Infringement letters I got about parodies on my www.JokeWallpaper.com site. From 1996 a trademark letter from Netscape, and one from 1998 from UPS.
If "Nearest Tube" told me where the closest TV set was I would buy it in a second.
I agree. Tivo is not a patent troll. They invented something new and unique. The others copied it. If the other posters have ever created something unique and had someone take it they would know how the people at Tivo feel.
When I first skimmed this item I saw "classified" and thought "top secret". The government is using Craiglist? A "classified" version of Craigslist? Then the duh moment...um classified ads.
The letter is a combination of the TMobile trademark lawyers doing what lawyers do...billing hours. Plus, they are protecting the TMoblie trademark. With Trademark law you must prove that you have diligently protect your TM by notifying parties of infringement. In every suspected case. With Endgadget there is no confusion or dilution of the TM. But, if someday TMobile has to defend their TM in court against another mobile provider who might use the color..they can haul out the big box of all the letters they sent to everyone who used Magenta and prove they diligently protected their TM
I think site like Wikia will be great. I think ChaCha.com http://www.chacha.com/ has a good idea too. Human's searching, finding and ranking sites.
I'm sorry I really don't have any real insight to add to the discussion but had to share the mental image I got when I read the headlines: Microsoft To Fight Korean Verdict of Bill in a baggy karate gi fighting a TKD master. It wasn't pretty.
The big law firm of Morrison & Foerster..."Over one thousand lawyers worldwide"
That's a lot of mo fos
A friend just IM'ed me and said that their is a thread on Slashdot about "BJ's". Small typo....damn, you guys are only talking about "DJ's"!!!
Back when the first rumor about Sun and Apple merging in 1996 I "blogged" a parody of a Snapple lable on JokeWallpaper.com called "Sunapple Crazy Computer Cooler"
I remember a TV commercial...maybe you remember it too....Big conference has come to a halt because of the computer running the PowerPoint presentation has frozen. The audience is yelling out suggestions..."Try restarting, Try Control-Alt-Delete, etc." There is a pause...then someone yells out..."You should've bought a Mac."
After 11 years of Windows 3+, Win 95, Win 98 and Windows 2000...I got tired of the crashes and then the viruses and spyware. I got a PowerBook. I now do my online banking with Mac OS X and Safari.
Be safer online...buy a Mac.
Anytime I deal with anyone who provides a service...I always ask "how is your Web site doing, getting any sales off of it." You never know if they might be interested in trading.
Try it, it might work.
Here's a link to the true story that became the legend.
Sample:
"You may have heard the urban legend about that student who died playing a "live" version of Dungeons and Dragons in the steam tunnels at Michigan State University. How about the one where the RPG player killed himself because his gaming character died? These stories have been adapted into a pretty funny Chick Tract, a thriller novel, and a made for TV movie."
http://www.jokewallpaper.com/elvisshotjfk
Has the word "joke" in it...I still get an e-mail about once a month from people who think it's real. People are gullible even when you tell them it's a joke.
Someone is very skilled with the Photoshop here. This is a very good hoax. Great job! If this was real...it is so top heavy it would capsize with the first 2" wave that hit it broadside.
In other words. Proctor and Gamble is diligent in protecting their "Kleenex" trademark by sending out letters to writers who use their trademark as a generic term. If you write a book and say "Susan grabbed a kleenex to wipe away a tear as Windows XP crashed again". You might get a letter from a P&G reminding you that "Kleenex" is a trademark for paper tissue, not a generic term. Then, if there is a real challenge to P&G on the trademark, their lawyers can bring in boxes and boxes of letters they have written over the years to prove they have been diligent in efforts to protect their trademark.
The Penny Arcade - American Greetings - Strawberry Shortcake is one of two things. Or a combination of both:
1) American Greeting is protecting their trademark by being diligent in all instances of real or perceived infringement.
2) Some company lawyer, or para-legal, is justifying their paycheck by sending out trademark infringement letters.
Either way, their use is probably protected as parody.
You all might get a laugh out of a couple of Trademark Infringement letters I got about parodies on my www.JokeWallpaper.com site. From 1996 a trademark letter from Netscape, and one from 1998 from UPS.
http://www.jokewallpaper.com/trademark.htm
Have Fun,
Steve Kremer