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Disney Tries To Trademark Mexican Day Of The Dead

Hits: 6779 | Rating: (1.3) | Category: News & Politics | Added by: littlemissqt
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Canoas
Male, 18-29, Europe
 429 Posts
Sunday, May 12, 2013 5:10:58 PM
@chalket
"hurr durr you're an idiot for not knowing you can't trademark movie titles!"

Well, turns out you're still the retard here. If you weren't such an idiot you would have bothered to check the application to see that it doesn't even include the movie name. They tried to patent several types of merchandise with that name, like fridge magnets and perfumes.

And even if they were trying to trademark a movie title, which you can't patent, who the f*ck cares? If it's not allowed then it'll get denied. SIMPLE AS THAT. Still, do you really think that disney, after having made thousands of movies, doesn't know they they can't trademark movie titles? Really? Because that's incredibly retarded of you.

Canoas
Male, 18-29, Europe
 429 Posts
Sunday, May 12, 2013 4:53:33 PM
"Disney wasn't trying to trademark a logo or a specific display of the phrase, they tried to trademark the actual phrase "Dia de los Muertos" and that is just wrong."
Provide a link to the patent application instead spewing factless bullpoo.

chalket
Male, 50-59, Southern US
 2481 Posts
Sunday, May 12, 2013 12:19:10 PM
Your example of "The name Christmas was trademarked in 4/9/2007" is misleading, as "the name Christmas" is NOT trademarked. The trademark is for Veritas Expressions' "SERVICE" ("Promoting public awareness of the true Christian reason regarding the celebration of the Christmas holiday by keeping Christ in Christmas.") and the specific LOGO they use in that service ("The color(s) red and green is/are claimed as a feature of the mark. The color red appears in the letters 'CHRIST' and the color green appears in the letters 'MAS'.")


Disney wasn't trying to trademark a logo or a specific display of the phrase, they tried to trademark the actual phrase "Dia de los Muertos" and that is just wrong.

chalket
Male, 50-59, Southern US
 2481 Posts
Sunday, May 12, 2013 12:01:43 PM
Sorry, richanddead... you are wrong. Well, sort of, everything you said IS true as it applies to goods and services, but none of it applies to movie titles (which was kinda the point of this discussion, eh?)

The abandoned trademark you found was for GOODS ("Pre-recorded audio tapes, video tapes, compact discs and DVDs in the field of religion.") and SERVICES ("Entertainment services in the nature of ongoing television programs in the field of religion." and "Evangelistic and ministerial services."), not a film title. Once again, single-work film titles can not be trademarked in the U.S.

richanddead
Male, 18-29, Eastern US
 1823 Posts
Sunday, May 12, 2013 9:15:32 AM
The woman in this film is misleading people with her question "can they trademark the holiday." The holiday itself is not a "good," company, or industry that can be traded or sold. The script, movie, storybook, ect.(whatever else is defined in the trademark patent) is what would be trademarked. The holiday itself is a type of religious celebration and therefore would not fall into this category.

You can tell people do not understand what she is saying when they say "holidays belong to everyone." The holiday yes, the script and cartoon by that name, no.

The name Christmas was trademarked in 4/9/2007 by Veritas Expressions LLC and is still maintained but that doesn't mean everyone had to pay them or get their approval to have Christmas, lol. You just can't have a public awareness logo that is misleading because it looks like theirs does.

richanddead
Male, 18-29, Eastern US
 1823 Posts
Sunday, May 12, 2013 9:05:04 AM
The USPTO says the basic rules are:

1) Are the names similar in Sound, Appearance or Meaning?

2) Are the industries the same or similar to one another?

3) Are the names confusingly similar to the average consumer? In other words, could customers be confused and assume that both companies are affiliated?

4) Do the trade areas cross? What about the advertising routes -- are the products/services advertised in common places?


You can conceivably have two identical registred trademarks but so long as customers understand the difference and commerce between the two is not effected then is could still be legally viable.

Some court cases that upheld this were:

College Network, Inc. v. Moore Educational Publishers, Inc.

and

Network Automation, Inc. v. Advanced Systems Concepts, Inc.

richanddead
Male, 18-29, Eastern US
 1823 Posts
Sunday, May 12, 2013 8:59:59 AM
@chalket: I'm not arguing with you. But the trademark "The Awakening" is considered "ABANDONED" due to "FAILURE TO RESPOND OR LATE RESPONSE" as of 1/3/2007. It was last filed in 3/17/2005 by a Randy Phillips through his lawyer Robert W. Rucker. The serial number was 78589698.

I didn't go through each movie with similar names but I would imagine they have similar statuses.

A trademark has a defined legal spectrum to which it adheres. Trademark infringement is a violation of the exclusive rights attaching to a trademark without the authorization of the trademark owner or any licensees. If authorisation is given or the filing of the trademark is not maintained via different elements of legal standing, such as the exhaustion doctrine in this case, others may legally use it. I believe this is what your source was referring to when he was talking about circumventing the gray area of title copyright law via "trademark registration."

blackcatseye
Female, 30-39, Europe
 656 Posts
Sunday, May 12, 2013 7:52:16 AM
Mexico is a separate country. It is not part of the US. The US does not own the rest of the world. End of.

chalket
Male, 50-59, Southern US
 2481 Posts
Sunday, May 12, 2013 1:44:26 AM
@Canoas, @tjgvertigo
You call us "half-witted", "drating retard", "Oafish morons", then ask "how stupid can someone be?" when YOU are the ones too stupid to know that you can't trademark a single-work movie title. Browse through imdb to see how many movies share the same names. Hell, there are 40 named "The Awakening"!

If you must be such rude dickholes, you might wanna at least make sure your info is accurate first. "Oafish morons... get half-baked opinions about things from the internet" indeed! Idiots.

collegebound
Male, 18-29, Eastern US
 3740 Posts
Saturday, May 11, 2013 11:58:23 PM
after actually reading the article ive realised its for a movie...why is this even news?

collegebound
Male, 18-29, Eastern US
 3740 Posts
Saturday, May 11, 2013 11:57:01 PM
shows how much my spanish teacher knew :|

my question still stands...why are we trying to steal a holiday?

MrOrange
Male, 30-39, Europe
 2324 Posts
Saturday, May 11, 2013 10:13:01 PM
@carmium, valentinesday dates back to the romans, it has nothin to do with bying your lover gifst though, it's a female fertility thing...

tjgvertigo
Male, 18-29, Eastern US
 61 Posts
Saturday, May 11, 2013 9:21:54 PM
Any half-witted human could have figured out they weren't trying to trademark a freaking holiday. They were simply trying to trademark the title for a film. There are multiple types of copyrights and trademarks out there including ones that include specific trademarks and copyrights agaist commercial entertainment use. Meaning Disney would have a movie called "Dia de los Muertos" and DreamWorks wouldn't be able to come along making a movie with the same title. Oafish morons like the wench in this video get half-baked opinions about things from the internet and immediately sees it as her chance to pretend she's Captain Journalism and Sergeant Anti-Culture all in one when really she's just a drating twat.

Canoas
Male, 18-29, Europe
 429 Posts
Saturday, May 11, 2013 7:02:50 PM
How the drat does this make any sense? They're trademarking the name for the freaking movie, does anyone really think that disney will own the holiday because they have the trademark? What? How stupid can someone be? So people actually think that Apple owns all the apples and Microsoft owns all the windows because they have the name trademarked? It's amazing how the average person is a drating retard.

El_Chinche
Male, 18-29, Eastern US
 511 Posts
Saturday, May 11, 2013 3:55:11 PM
@collegebound
I can't tell if you're genuinely that ignorant or you're trying to make a joke.

Also Dia de los muertos is celebrated in several latin american countries along with Dia de los Inocentes (Day of the Innocents) and Dia de los Angelitos (Day of the Little Angels). It's a three day celebration.

Although traditions and the relative importance of the holiday differs from country to country.

It is also tied in with the catholic tradition of all saints day and all souls day which occur on two of the same days and is observed by many Catholics across the world...and this is turning into an unnecessary lecture. If you want to know more google is your friend.

ElMustache
Male, 18-29, Western US
 1619 Posts
Saturday, May 11, 2013 3:45:22 PM
Thank you Lando for slapping Collegebound into place.

LandoGriffin
Male, 30-39, Western US
 4798 Posts
Saturday, May 11, 2013 2:29:16 PM
KEEP it Cinco De Mayo


Whaaa.....Dia de los Muertos is November 1, not May 5. Cinco de Mayo was the battle of Puebla.

LandoGriffin
Male, 30-39, Western US
 4798 Posts
Saturday, May 11, 2013 2:27:45 PM
Actual news:
----------------------------------

But after the backlash, Disney withdrew its application this week.

"The trademark intended to protect any potential title of the movie or related activity," a spokeswoman for Disney told CNNMexico. "Since then, it has been determined that the title of the film will change, and therefore we are withdrawing our application for trademark registration."

-----------------------------------

Hey Miss pink haired reporter, you realize they were trying to trademark the name of the movie for merchandising, and NOT trying to own the name of the holiday, right? It took me less than a minute to find that info on CNN.

collegebound
Male, 18-29, Eastern US
 3740 Posts
Saturday, May 11, 2013 2:26:20 PM
Mexican Day Of The Dead? they are the only ones who celebrate it anyway...just call it Day Of The Dead or KEEP it Cinco De Mayo...why cant we as americans just leave other peoples stuff alone?

LandoGriffin
Male, 30-39, Western US
 4798 Posts
Saturday, May 11, 2013 2:20:57 PM
Asking typical people on the street for their opinions isn't really establishing the back story, nor is it lending any credibility to the rumor that the reporter states is on "social media" - how about an actual report on the public record events like the rejected trademark application? I'm not getting ANY of the actual story from these interviews with people who know even less than I do

carmium
Female, 50-59, Canada
 6401 Posts
Saturday, May 11, 2013 2:11:07 PM
Took me five times to understand "Vowntimesday is just a marketing ploy..." Val-en-tines! And it's not! Its roots are centuries old.

littlemissqt
Female, 18-29, Western US
 123 Posts
Saturday, May 11, 2013 1:18:20 PM
Link: Disney Tries To Trademark Mexican Day Of The Dead [Rate Link] - Fuck you, Disney.


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