Don't say "Would You Rather"

http://blog.yourather.com/post/70907897801/dont-say-would-you-rather

by abest • 13 years ago

16 4 13 years ago

blog.yourather.com

EdwardDiego2• 13 years ago

Boo to the editorializing in the submission description. Bullying? For trying to enforce a trademark? Come now, I know software patents can be absurd in the US of A, but trademarks are a different kettle of fish, so don't throw the baby away with the bath water.

To the validity of the claim, I don't know how American trademark classifications break down, but it seems that "You Rather" is in a similar class of commercial activity as "Would You Rather...?" if I read this correctly: http://tess2.uspto.gov/bin/showfield?f=doc&state=4803:l4gavd...

In particular, class 41:

IC 041. US 100 101 107. G & S: (Based on Use in Commerce) Entertainment services, namely, a multimedia program series featuring comedy, action and adventure distributed via various platforms across multiple forms of transmission media; Production of cable television programs. FIRST USE: 20111203. FIRST USE IN COMMERCE: 20111203

IANAL, but my gut feeling is that "You Rather" is pretty close to infringing, and that their best hope lies in their second claim that "Would You Rather...?" is a generic term.

oakwhiz• 13 years ago

Would you rather comply with a cease-and-desist notice or preemptively countersue?

girvo• 13 years ago

Now, I'm unsure of American trademark law, but I understand it's a "use it or lose it" styled setup. Correct? Well, they took four years to challenge them, if it went to court, and subpoenaed information shows that they knew about yourather.com for years, would that work against them?

It seems like they ignored them waited until they were are ripe juicy target that's worth taking over, and then attacked, which seems contrary to the point of trademark law. I hate predatory shit like this: if you've got a trademark and you plan on keeping it (and let's assume that use-it-or-lose-it is a good idea for sake of argument), then waiting until you've got a monetary gain from enforcing it seems no better than patent trolls to me.

Also, does iPhone games come under the same trademark category as board games? An even better question: should it?

EdwardDiego2• 13 years ago

Now, I'm unsure of American trademark law, but I understand it's a "use it or lose it" styled setup. Correct? Well, they took four years to challenge them, if it went to court, and subpoenaed information shows that they knew about yourather.com for years, would that work against them?

It can do. I imagine it'd also affect any damages awarded.

Don't say "Would You Rather"

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