Thursday, February 7, 2013
BECAUSE NO MATTER HOW COOL THE TOYS WE HAVE AVAILABLE TO US ARE IN THIS EVER-EXPANDING MEDIA PLAYGROUND, SOME KIDS WILL ALWAYS HAVE BIGGER LAWYERS: Today's post contains a link with two acts and some smutty text: in Act One, Melissa Gira Grant complains about a letter she received from Chicago Public Media's lawyers challenging the title of her by-sex-workers, for-sex-workers podcast, This American Whore; in Act Two, Ira Glass responds to the complaint as only Ira Glass can. Stay with us.
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Link is NSFW! A heads up would be good!
ReplyDeleteI've amended the post.
ReplyDeleteI just railed on this topic to my class yesterday. People who protect their trademarks aren't evil and they aren't beating up on the little guy. They are going what they have to do under the law.
ReplyDeleteYet somehow I don't think all the people who complain on Facebook whenever a big bad corporation sends a C&D letter to an individual they like are going to bitch out their patron saint, Ira Glass....
Well, there's a line. There's legitimate trademark protection (which I think this is) and really blatantly overbroad bigfooting--to tie to another post, Monster Cable has contended that it has the right to stop anything with "Monster" in the title for any good and services whatsoever, even if it has nothing to do with audio/cable. That's why writing responses like the one Ira wrote is perfect. (See also Jack Daniels--http://mashable.com/2012/07/22/jack-daniels-trademark-letter/.)
ReplyDeleteI assume the parody podcast in a protected class is This American Wife. I haven't listened to much of it, but what I have heard was pretty funny.
ReplyDeleteWell, of course. But the general public acts as if any time a trademark holder with more than one employee goes after an individual, however politely and however reasonably, that the MAN is trying to KEEP US DOWN! the law is set up to require trademark holders to protect their rights or lose them. They shouldn't get ridiculous about it, and I'm among the first to call them out when they do (you should have heard me on the topic of walmartcanadasucks.com yesterday), but those cases aren't all cases.
ReplyDeleteI was looking forward to the comments on this post, and y'all did not disappoint me.
ReplyDeleteI should note that this entire exchange demonstrates exactly why large companies need good in-house and outside trademark counsel, and I happen to be both qualified and available. #selfplug
ReplyDeleteWhen we're big enough, Matt, you'll get the first shot at the business!
ReplyDeleteIf Glass/TAL really wanted to be helpful, why wouldn't they just offer to license the mark to TAW for a nominal sum and for a set period of time? Wouldn't that protect the mark as satisfactorily as a C&D letter? I get that you can't do it for everything, and there could be line-drawing problems, but the people who work at TAL are smart enough to know whether one allegedly infringing use is in line with its own mission as opposed to harmful commercial exploitation.
ReplyDeleteSo there are good companies who are acting responsibly and there are also bad companies who just like to send C&D letters. Who's the worst? Gotta be the Olympics, right? Dear Olympic High School on the Olympic Peninsula (kind of, anyway) in the shadow of the Olympic Mountains and a short drive from Olympic National Park, please stop using the name "Olympic" in connection with sports, apparel, food, beverage, and merchandise."
ReplyDeleteAnd would we ever have had a Super Bowl if Wham-O had been as protective of the Super Ball trademark as the owners of the Super Bowl are of theirs?
The license works fine when you have an infringement problem, but I suspect the bigger concern from a lawyer perspective was dilution. Given the content of TAW, they probably wanted nothing to do with it, especially given that TAL and public radio in general tries to have the cleanest of squeaky-clean images. It's not quite as weird as Playboy, which is very litigious about wanting to keep its mark from being associated with the wrong kind of naked ladies.
ReplyDeleteJust used the IOC example in my class this week - they're definitely among the worst offenders. Toys R Us was pretty awful for a while there, too.
ReplyDeleteIt is safe for my work...
ReplyDeleteHad dinner at Amada last week with some friends and we sat at that spot where the raised platform used to be. Made me think of you and meals gone by. Miss eating with you buddy.
ReplyDeleteBurning Man is among the worst:
ReplyDeletehttps://www.eff.org/deeplinks/2011/01/know-you-go-part-2-burning-man-improves-ticket
ReplyDelete