Chicago Restaurant tells Hawaiians to stop using Aloha!

[Ifreann]

What's next? Are they gonna trademark the Happy Birthday Song? Oh wait...

Copyright.

[The Derpy Democratic Republic Of Herp]

Thats fucking stupid.

When Candy Crush devs King Copyrighted 'Saga', it was fucking stupid. When this restaurant tells other restaurants not use another word for hello, it's also fucking stupid.

[The Alma Mater]

*claims yo, hello, what's up, good morning and live and long prosper*

Now stop using those

[Ethel mermania]

Thats fucking stupid.

When Candy Crush devs King Copyrighted 'Saga', it was fucking stupid. When this restaurant tells other restaurants not use another word for hello, it's also fucking stupid.

And if that is fucking stupid, what is not knowing what thread topic is and jumping in with both feet anyway?

1 we are talking about trademark not copyright.
2 Aloha is not the trademarked name. "Aloha poke" is.

[Cetacea]

Where are Hawaiians being told they can't use Aloha?

Hawaiian business are being told they can't use the phrase "Aloha Poke" in regards to restaurants, catering, and takeout.

And that's all. Do people only read the titles of things?

nope, a trademark on Aloha Poke would be one thing but in overreach by their lawyers the C&D letter insists that other firms should cease use of the word Aloha and Aloha Poke. Its inclusion of Aloha on its own that is the real dick move.

this link to the Guardian has a copy of the actual letter if anyone wants to read it. https://www.theguardian.com/us-news/201 ... ians-aloha

[Great Minarchistan]

Now however the company lawyers have decided to send cease and desist letters to other food outlets around the US who use the words Aloha Poke including to stores in Hawaii or owned by native Hawaiians. The letter read. “We therefore request that you immediately stop all use of ‘Aloha’ and ‘Aloha Poke.’ ”

I don't even think that's actionable for a lawsuit. Copyright [implying they have a copyright license] forbids the forging of private rights upon common says and this sort of stuff (such as patenting the letter "A").

[Rusthenia]

Where are Hawaiians being told they can't use Aloha?

Hawaiian business are being told they can't use the phrase "Aloha Poke" in regards to restaurants, catering, and takeout.

And that's all. Do people only read the titles of things?

nope, in overreach by the lawyers their letter also insist that other firms should cease use of the word Aloha and Aloha Poke

Really? could you link me a letter?

[Shofercia]

Do they not realize that they're suing for saying the equivalent of "Hey, yo, I'm selling raw fish!" in Hawaiian? How the fuck does this stuff get trademarked? What's next, is someone going to trademark rounded corners?

[The New California Republic]

Do they not realize that they're suing for saying the equivalent of "Hey, yo, I'm selling raw fish!" in Hawaiian? How the fuck does this stuff get trademarked? What's next, is someone going to trademark rounded corners?

There does need to be a bit more common sense in terms of what can be copyrighted and what cannot. I mean, I know it is possible to challenge copyrights in court, but what average small business has the time, resources, or money to do that?

[Cetacea]

nope, in overreach by the lawyers their letter also insist that other firms should cease use of the word Aloha and Aloha Poke

Really? could you link me a letter?

I added a link to the Guardian in my post above which includes a copy of the letter via Scribd. I havent been able to find a copy of one I can post here...

[Ethel mermania]

Do they not realize that they're suing for saying the equivalent of "Hey, yo, I'm selling raw fish!" in Hawaiian? How the fuck does this stuff get trademarked? What's next, is someone going to trademark rounded corners?

Target sues retailers that call themselves target, and it's a fairly generic term

[Petrolheadia]

They technically stop allowing the Hawaiians to stop using the word, actually.

The non-natives open a restaurant, called it Aloha Poke, THEN doubled down and asked that other stores, including the ones owned by Hawaiians, to stop using it.

In the restaurant industry, which is quite reasonable.

Do they not realize that they're suing for saying the equivalent of "Hey, yo, I'm selling raw fish!" in Hawaiian? How the fuck does this stuff get trademarked? What's next, is someone going to trademark rounded corners?

The motoring industry has been trademarking place names (like Bel Air, Biscayne, Capri, Monaco, Granada etc.) or common words (Escort, Sierra, Continental, El Camino, Corvette, Suburban, etc.) for ages, and it hasn't been a problem.

[Telconi]

Where are Hawaiians being told they can't use Aloha?

Hawaiian business are being told they can't use the phrase "Aloha Poke" in regards to restaurants, catering, and takeout.

And that's all. Do people only read the titles of things?

nope, a trademark on Aloha Poke would be one thing but in overreach by their lawyers the C&D letter insists that other firms should cease use of the word Aloha and Aloha Poke. Its inclusion of Aloha on its own that is the real dick move.

this link to the Guardian has a copy of the actual letter if anyone wants to read it. https://www.theguardian.com/us-news/201 ... ians-aloha

Problem here isn't the copyright per se, it's the lawyers going after such utterly stupidly distant claims. It would me like Taco Bell suing Del Taco for use of the word 'taco'.

[Valrifell]

What's next? Are they gonna trademark the Happy Birthday Song? Oh wait...

That's been in the public domain for a few years now.

[Petrolheadia]

What's next? Are they gonna trademark the Happy Birthday Song? Oh wait...

I pirate stuff, I don't care whether it is or not.

[Freezic Vast]

Words and phrases should not be copyrighted, at all. We saw what happened when the Fine Bros tried this years ago with the word react, the same sort of negative reception should happen to this restaurant, because all it'll do is hurt them in the long run.

[Petrolheadia]

Words and phrases should not be copyrighted, at all. We saw what happened when the Fine Bros tried this years ago with the word react, the same sort of negative reception should happen to this restaurant, because all it'll do is hurt them in the long run.

Hurt?

In a world where a car named after a common term for an agreement is near the top of the midsize sales chart, I doubt it.

[Ethel mermania]

Words and phrases should not be copyrighted, at all. We saw what happened when the Fine Bros tried this years ago with the word react, the same sort of negative reception should happen to this restaurant, because all it'll do is hurt them in the long run.

Hurt?

In a world where a car named after a common term for an agreement is near the top of the midsize sales chart, I doubt it.

No other car maker sells an accord, and you could not build a car and sell it as an accord in the states. Even though it was Jesus's car.

[Pope Joan]

ALoha is an exception to trademark because it is generic, or too much in common use to be turned into private property.

The Village Voice ran into this when it sued the Cape Cod Voice.

[Nanatsu no Tsuki]

I'm sure these lawyers know, provided the premise in the OP is accurate, that 'aloha' is a very important word/expression in Hawaiian. They really can't expect to copyright the way Hawaiian speakers or people who live in Hawaii to just stop using it, as the greeting and farewell it is. It's imposing/trying to impose a copyright on a language which precedes the existence of this Chicago restaurant.

[The New California Republic]

I'm sure these lawyers know, provided the premise in the OP is accurate, that 'aloha' is a very important word/expression in Hawaiian. They really can't expect to copyright the way Hawaiian speakers or people who live in Hawaii to just stop using it, as the greeting and farewell it is. It's imposing/trying to impose a copyright on a language which precedes the existence of this Chicago restaurant.

I think if this case ever got taken to court then I think any judge would call bullshit on trying to enforce copyright with something as everyday as a greeting.

[Nanatsu no Tsuki]

I'm sure these lawyers know, provided the premise in the OP is accurate, that 'aloha' is a very important word/expression in Hawaiian. They really can't expect to copyright the way Hawaiian speakers or people who live in Hawaii to just stop using it, as the greeting and farewell it is. It's imposing/trying to impose a copyright on a language which precedes the existence of this Chicago restaurant.

I think if this case ever got taken to court then I think any judge would call bullshit on trying to enforce copyright with something as everyday as a greeting.

I surely hope so. Not so much because of the intent of imposing a copyright on a generic greeting, but for the waste of court time this is too.

[Ethel mermania]

I'm sure these lawyers know, provided the premise in the OP is accurate, that 'aloha' is a very important word/expression in Hawaiian. They really can't expect to copyright the way Hawaiian speakers or people who live in Hawaii to just stop using it, as the greeting and farewell it is. It's imposing/trying to impose a copyright on a language which precedes the existence of this Chicago restaurant.

It's not copyright, it's trademark, they are very different things.

For example the word Target is trademarked for a department store. You can use it in a sentence. You can't name your market store that.

[Nanatsu no Tsuki]

I'm sure these lawyers know, provided the premise in the OP is accurate, that 'aloha' is a very important word/expression in Hawaiian. They really can't expect to copyright the way Hawaiian speakers or people who live in Hawaii to just stop using it, as the greeting and farewell it is. It's imposing/trying to impose a copyright on a language which precedes the existence of this Chicago restaurant.

It's not copyright, it's trademark, they are very different things.

For example the word Target is trademarked for a department store. You can use it in a sentence. You can't name your market store that.

However, they are asking these other restaurants, for what I gather from the OP, to use ''aloha'', which mind you, it's a generic Hawaiian greeting.

Now however the company lawyers have decided to send cease and desist letters to other food outlets around the US who use the words Aloha Poke including to stores in Hawaii or owned by native Hawaiians. The letter read. “We therefore request that you immediately stop all use of ‘Aloha’ and ‘Aloha Poke.’”

I can understand if they don't want other restaurants to use the restaurant's trademarked name of Aloha Poke, but ''aloha''? Really?

[Ethel mermania]

It's not copyright, it's trademark, they are very different things.

For example the word Target is trademarked for a department store. You can use it in a sentence. You can't name your market store that.

However, they are asking these other restaurants, for what I gather from the OP, to use ''aloha'', which mind you, it's a generic Hawaiian greeting.

Now however the company lawyers have decided to send cease and desist letters to other food outlets around the US who use the words Aloha Poke including to stores in Hawaii or owned by native Hawaiians. The letter read. “We therefore request that you immediately stop all use of ‘Aloha’ and ‘Aloha Poke.’”

I can understand if they don't want other restaurants to use the restaurant's trademarked name of Aloha Poke, but ''aloha''? Really?

That piece is probably over reach on the part of aloha pokes attorneys. But the basic concept isn't OMG CORPORATE AMERIKA big business crushing the little guy, and raping native culture again, As it has been portrayed many times in this thread.
It's basic trademark law. As an aside, From what I have read these other aloha poke places predate the Chicago shop which is a cause to vacate the award of the trademark, but that's not the topic of the OP.