Chicago Restaurant tells Hawaiians to stop using Aloha!

[An Alan Smithee Nation]

This is like if I went to NYC, trademarked "cowboy" and "howdy" , or even "lone star" and then stopped people in Texas from using that on their business names. It's silly, I'd think. Basic words like that shouldn't be trademarked.

..and yet Apple approaches $1T in valuation..

The whole history of the trademark infringement dispute between Apple Computers and Apple Records is interesting.

https://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer

The richest company mostly wins.

[Des-Bal]

Sure, but there should be (and are) things in place to prevent abuse, and IP law exists to serve both the IP owner and society as a whole. Stuff like patent trolling should be harshly punished by the courts.

Some of those things are called trademarks and they're precisely what I was defending when you stepped in.

This isn't patent trolling. Patent trolling is the process whereby you acquire patents solely to sell licenses and sue people who infringe. This is a company that uses a name trying to stop other companies in the same business from using the same or similar names. This is exactly what IP is supposed to do with the caveat that they have probably overreached by trying to claim a common word.

[Sick Jumps]

Sure, but there should be (and are) things in place to prevent abuse, and IP law exists to serve both the IP owner and society as a whole. Stuff like patent trolling should be harshly punished by the courts.

Some of those things are called trademarks and they're precisely what I was defending when you stepped in.

This isn't patent trolling. Patent trolling is the process whereby you acquire patents solely to sell licenses and sue people who infringe. This is a company that uses a name trying to stop other companies in the same business from using the same or similar names. This is exactly what IP is supposed to do with the caveat that they have probably overreached by trying to claim a common word.

Right, I know it's not patent trolling, but it is abusive/an overreach. I was speaking generally about abuse of IP laws (although it can be problematic to lump things like copyright, trademarks, and patents together, since they are dissimilar).

[Sovaal]

I'm all for trademarks and copyrights and patents, but there comes a time where it just gets fucking ridiculous.

[Zanera]

Is this almost like that gaming company that's trying to say that they came up with the concept of frying pans as weapons in video games first and are trying to trademark it or something?

Anyway, I'm going to trademark the word 'the' and I'm going to make a suing campaign so big the economy will break.

I long ago concluded that most people deliberately refuse to understand what trademarks actually are, because that way it's easier for them to roll around the internet going "not allowed to be king because burger king ololololo"

Still trademarking the word 'the' as a part of my new company that helps people learn English, but not the trademark system.

[Shofercia]

... the owner might end up losing the trademark battle. Especially if social media rallies against him, fundraises, and donates quite a bit to the other side of the fight.

So basically this branch of the US judiciary works by bribing the judges?

Of course not. It's more of a "we'll bury you in local lawsuits, discovery motions, and we'll boycott your business, boycott those attending your business, go after your suppliers..."

But, de facto, (as opposed to de jure,) it's just as effective as bribing the Judges. Hey, if Social Media can end Roseanne's career of a single, extremely moronic tweet...

This is precisely what is wrong with trademarks: they are tools by the rich and corporations to destroy their competition in a free market.

So I should be able to sell the same product you are with the same name and packaging?

Depends on the name. If I established my name, i.e. McDonald's, Adidas, Samsung, etc, then no. If I pick a very common name, i.e. "Aloha Poke" then yes, you should.

[Katganistan]

That's utterly stupid. They're ruining my RP potential of having an antagonistic Hawaiian character named the Aloha Poker who ends people's lives by saying, "Aloha!" and then poking them. It's pure capitalist discrimination, I tell you.

You can still copyright that. There’s a one letter difference between the two

Not only that: Aloha Poke as a trademark would only apply to restaurant/catering. You could have a character with that name, or an app that tells another user on social media "Aloha! You've been poked!"

[Katganistan]

Some Hawaiian business that has been using "Aloha" since before the trademark should take them to court and challenge the trademark.

A nice class action suit should settle this.

[Gig em Aggies]

Chinook, Black Hawk, Comanche, Kiowa, Iroquois, Cheyenne, Lakota...

They should Sioux.

I'll get my coat

[Torrocca]

That's utterly stupid. They're ruining my RP potential of having an antagonistic Hawaiian character named the Aloha Poker who ends people's lives by saying, "Aloha!" and then poking them. It's pure capitalist discrimination, I tell you.

You can still copyright that. There’s a one letter difference between the two

And with this, my entire joke falls to shambles.

[Gig em Aggies]

You can still copyright that. There’s a one letter difference between the two

And with this, my entire joke falls to shambles.

It fell faster then a Sherman meeting a tiger.

[Torrocca]

And with this, my entire joke falls to shambles.

It fell faster then a Sherman meeting a tiger.

This analogy is so wrong it tempered the little burning Atlanta in my heart. ;~;

[Sovaal]

And with this, my entire joke falls to shambles.

It fell faster then a Sherman meeting a tiger.

Until said Tiger stops working.

[Torrocca]

It fell faster then a Sherman meeting a tiger.

Until said Tiger stops working.

The Seelow Heights defense line wasn't made of concrete bunkers, but of all the steel husks of transmission-less Tigers that broke down less than a mile from Germany's tank factories.

[Des-Bal]

And with this, my entire joke falls to shambles.

Also the trademark really only applies to food service.

[Torrocca]

And with this, my entire joke falls to shambles.

Also the trademark really only applies to food service.

Please stop, it hurts enough ;~;

[Cetacea]

You can still copyright that. There’s a one letter difference between the two

Not only that: Aloha Poke as a trademark would only apply to restaurant/catering. You could have a character with that name, or an app that tells another user on social media "Aloha! You've been poked!"

trademarking Aloha Poke is like getting a trade mark on Yummy Icrecream and then telling everyone they can't use the word Yummy in their food branding, its ridiculous

[An Alan Smithee Nation]

Chicago seems like a bad place to be ordering tuna or any kind of fish, surely the beef is going to be a better choice?

[Brenzhem]

Imagine unironically attempting to copyright a word in a language, then proceed to threaten to sue people if they say said word.

[Des-Bal]

Imagine unironically attempting to copyright a word in a language, then proceed to threaten to sue people if they say said word.

Nobody is doing that.