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Acmlm's Board - I3 Archive - General Chat - I have a couple questions about Trade Marks New poll | |
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Nebetsu

Mole








Since: 11-17-05
From: WarKoL

Last post: 6478 days
Last view: 6478 days
Posted on 10-03-06 02:34 PM Link | Quote
1. How would one go about getting a trade mark?
2. Is it true that I can tell a website with a user that has a trademarked username to delete the user? (I heard that is the reason why you're advised not to use trademarked names in your username in World of Warcraft).

The reason for this is: This guy saw me on www.zfgc.com and, to be a prick, started signing up everywhere he could with my name. He's the Nebetsu on youtube, halo, unreal tournament 2004, and a few others. Well I want my name back and I was wondering if this was the answer.
witeasprinwow









Since: 12-29-05

Last post: 6574 days
Last view: 6574 days
Posted on 10-03-06 03:56 PM Link | Quote
No, not unless you have some way to enforce the trademark (ie, figure out who is impersonating you). Plus, I'm not sure if you can trademark a screenname... You have to have some sort of intellectual property, and I don't think this quite cuts it. I'm not a lawyer, so I can't explain why not in fancy law terms, but the answer is probably no.

Plus, it sounds like your name might be an anime character or something, and you can't trademark that because it's already trademarked by an actual company.
Ailure

Mr. Shine
I just want peace...








Since: 11-17-05
From: Sweden

Last post: 6465 days
Last view: 6465 days
Posted on 10-03-06 04:19 PM Link | Quote
I yet have to see someone trademark a screename, infact I hadn't seen any furry charcther being trademarked in the furry fandom. So unless you are selling products with the name Nebetsu on them or something...
Thoughtless
[Danielle] Thoughtless is my secret lover
[Danielle] *flutters eyelashes*
[Thoughtless] SECRET IS OUT

I miss my two pussies :( (Part II)


 





Since: 11-17-05
From: PR

Last post: 6465 days
Last view: 6465 days
Posted on 10-03-06 04:27 PM Link | Quote
Knowledge is power

Also, depending where you live you can check the Trademark offices. (Office links found in wiki)
Rom Manic









Since: 12-18-05
From: Detroit, WHAT?!

Last post: 6465 days
Last view: 6465 days
Posted on 10-03-06 07:11 PM Link | Quote
Having a trademark (Much like a patent) is useless unless you have lots of money to spend on lawyers and court fees.

Take the situation with Square-Enix VS Chrono Resurrection. If 400 different people were doing their own project like this, Square Enix may either sue them all or do nothing and lose the whole point of having the trademark in the first place, which is money well wasted in either case. However, in the event they DO sue all 400 people, the company goes bankrupt due to the unimaginable profit loss.

The only solution now is a compromise. I suggest this is your course of action
Cynthia

Uh-huh.


 





Since: 11-17-05
From: LaSalle, Quebec, Canada

Last post: 6465 days
Last view: 6465 days
Skype
Posted on 10-03-06 07:21 PM Link | Quote
So he took your name. Big deal. I'm not going to go around and yell at everyone who uses Colin as their name anywhere because it's a common name. The term "Nebetsu" gets 8,790 matches on Google, so you definitely can't go and say you thought of the name first.

You have no case and if you actually want to TRADEMARK your user name, then you're taking things way too seriously.
Koitenshin +∞

Moblin


 





Since: 12-24-05
From: Misery

Last post: 6467 days
Last view: 6467 days
Posted on 10-03-06 07:24 PM Link | Quote
I can honestly say I am the only Koitenshin on dar interweb. Hows aboots you pay me money to type my screen name. (forced typos to reflect how stupid this topic is trying to trademark a screen name)
Metal Man88

Gold axe
It appears we have been transported to a time in which everything is on fire!


 





Since: 11-17-05

Last post: 6465 days
Last view: 6465 days
Posted on 10-03-06 08:18 PM Link | Quote
Eh. People can go ahead and steal my name, but nobody can imitate my insanity. Plus I have SEEKRIT POWERS.
Dr_Death16

970


 





Since: 05-07-06
From: Iowa

Last post: 6465 days
Last view: 6465 days
Posted on 10-03-06 08:28 PM Link | Quote
Aren't you really helping him fulfill his purpose by caring if he takes the username or not? If you didn't care, he'd not have any reason to do it in the first place. I would suggest adding a 1 to the end or something and move on.
Shadic

The Adventure of Link
Perfect Member








Since: 11-18-05
From: Olympia, Washington

Last post: 6471 days
Last view: 6467 days
Skype
Posted on 10-03-06 09:27 PM Link | Quote
Originally posted by Dr_Death16
Aren't you really helping him fulfill his purpose by caring if he takes the username or not? If you didn't care, he'd not have any reason to do it in the first place. I would suggest adding a 1 to the end or something and move on.


Then it just makes it look like the other guy is the original.

I have the same problem with my name.. I made it around 2002, and I've seen countless other Shadics out there. Oh well.
FreeDOS +

Giant Red Koopa
Legion: freedos = fritos








Since: 11-17-05
From: Seattle

Last post: 6465 days
Last view: 6465 days
Posted on 10-03-06 09:31 PM Link | Quote
Welcome to the downside of only going by an alias on the internet.
Dr_Death16

970


 





Since: 05-07-06
From: Iowa

Last post: 6465 days
Last view: 6465 days
Posted on 10-03-06 10:37 PM Link | Quote
Originally posted by Shadic
Originally posted by Dr_Death16
Aren't you really helping him fulfill his purpose by caring if he takes the username or not? If you didn't care, he'd not have any reason to do it in the first place. I would suggest adding a 1 to the end or something and move on.


Then it just makes it look like the other guy is the original.

I have the same problem with my name.. I made it around 2002, and I've seen countless other Shadics out there. Oh well.
The key words are "Oh well"... it does not matter at all who's "original" considering this guy is not the first person to create his "highly original" alias in the first place. So, unless Mr. Nebetsu accomplished something great over the internet while going by that alias and fears another getting credit for what he's done, I don't see any point in this whining. This is like having a fit over who started a fad or who started listening to a certain kind of music first before it became trendy. In such cases, chances are, no matter what you think, you aren't the original at all.
Nebetsu

Mole








Since: 11-17-05
From: WarKoL

Last post: 6478 days
Last view: 6478 days
Posted on 10-03-06 10:42 PM Link | Quote
Originally posted by Colin
So he took your name. Big deal. I'm not going to go around and yell at everyone who uses Colin as their name anywhere because it's a common name. The term "Nebetsu" gets 8,790 matches on Google, so you definitely can't go and say you thought of the name first.

You have no case and if you actually want to TRADEMARK your user name, then you're taking things way too seriously.

Actually most of those 8790 matches are me, about me, or people pretending to be me. There's a few pages that has something to do with some mountain, but that's it.
asdf

Link's Awakening
‭‮‭‮ಠ_ಠ








Since: 11-18-05

Last post: 6466 days
Last view: 6465 days
Posted on 10-03-06 10:48 PM Link | Quote
The best way to deal with it is to ignore it. Personality patterns and your word against his (especially if you're calm about it) will suffice to protect yourself from random accusations of things you did not do. If anything, change your aliases and ignore it, as if nothing happened. Unless he's really out to get you, odds are he'll pay no attention or think he's won and move on (you may change back at a later point if needed). In reality, all you'll have done is a small change, which you may explain to those you trust and those who ask, when he's wasted time trying to ruin your rep, all for nil in the end. Besides, there are probably other Nebetsus out there. Don't worry about people stealing your alias - much less trademarking an alias.


(edited by asdf on 10-03-06 09:49 PM)
Cynthia

Uh-huh.


 





Since: 11-17-05
From: LaSalle, Quebec, Canada

Last post: 6465 days
Last view: 6465 days
Skype
Posted on 10-03-06 11:07 PM Link | Quote
I think "ignore it" is a little mild. More like "let it go, it isn't the end of the world".
Nebetsu

Mole








Since: 11-17-05
From: WarKoL

Last post: 6478 days
Last view: 6478 days
Posted on 10-03-06 11:15 PM Link | Quote
I actually made the name. It's not based on any anime and it was the name of a character for a story I was making a while back. It is completely original.

Urbandictionary, gentoo forums, digg, poetry critical, kingdom of loathing forums, dcemu, asexuality.org (don't ask), dsrevolution, zophar.net, linuxquestions.org, the petition to see if I should be ruler of the world, kororaa forums, macworld, scindex, postnuke, badbadrubberpiggy, ubuntu forums, chaoticworldnwn, spaces.msn.com, hostultra, stumbleupon, ddruk, anime cafe bulletin board, bioware forums, youthontherock, gp32x.

Those are all me! And that's only the the first 6 pages!

So yeah: It's mine and it's original. I'm just peeved that he took it for youtube.
asdf

Link's Awakening
‭‮‭‮ಠ_ಠ








Since: 11-18-05

Last post: 6466 days
Last view: 6465 days
Posted on 10-03-06 11:21 PM Link | Quote
Well, that's still no reason to get caught in a loop about it. Some may have had the same idea as you. But in this case, you did probably piss some guy off (somehow), or someone decided to randomly be a dick. Like I said, let it go, and if anyone complains about your alleged doings on another website, explain the situation to him or her. Don't worry about it, they'll understand.
Tatrion
<_<;


 





Since: 11-17-05

Last post: 6466 days
Last view: 6465 days
Posted on 10-03-06 11:28 PM Link | Quote
Find out where he lives and set his house on fire.

... actually, that probably won't help you if you have a shred of morals. My name is totally unique, but every time I put it into google, this pops up...

The copyright is 2003, so that's before the first use of my use of Tatrion (about mid-2004). But. That guy uses "Tatrion" as a species of alien. I haven't actually read the story, but from scanning it, it is definatly a total coinsidence. However, the full name of the RP character (Tatrion Prenial) returns no google hits. It's probably too late for you to make an extension to your name though

I kind of forgot where I was going with this... maybe it was "Goes to prove, if you think of anything, someone else has thought of it before"?

I wish I could be more helpful with your problem, but I ended up just describing my funny junk. But I have to agree with the others; keeping up with the legalities of TM'ing a screen name probably isn't worth it, unless you plan to market it
Cynthia

Uh-huh.


 





Since: 11-17-05
From: LaSalle, Quebec, Canada

Last post: 6465 days
Last view: 6465 days
Skype
Posted on 10-03-06 11:45 PM Link | Quote
And there's ALWAYS the possibility that someone might have actually thought up the name themselves and that it's total coincidence. Or that they thought the name was good.
HyperHacker

Star Mario
Finally being paid to code in VB! If only I still enjoyed that. <_<
Wii #7182 6487 4198 1828


 





Since: 11-18-05
From: Canada, w00t!
My computer's specs, if anyone gives a damn.
STOP TRUNCATING THIS >8^(

Last post: 6465 days
Last view: 6465 days
Posted on 10-04-06 12:08 AM Link | Quote
I recall him saying he made it up based on his name backwards written Japanese style. Though it could easily have been made up by someone else. I remember when someone else joined this board(?) as "Hyper Hacker", fortunately didn't stick around long. He said he'd never seen me around before. Also, I certainly didn't know of any Macintosh hacking program by the same name when I made up mine.

Of course you might be able to use your name as the name of something you can copyright or trademark, and then go after him. I doubt you'd have much luck registering the trademark after he uses it though.


(edited by HyperHacker on 10-03-06 11:09 PM)
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