DoubleSupercool's recent activity
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Comment on US Federal Communications Commission abolishes gigabit speed goal, suggesting it is unfair to slower technologies in ~tech
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Comment on Keto ice cream brand filed for Chapter 11 after a judge found it copied a Brooklyn rival's packaging in ~food
DoubleSupercool Link ParentCheck my other post here that goes through it more. It almost certainly WOULDN'T be a TM issue, but that's not the only thing to consider when you branding. TBH, this is a good example for...Check my other post here that goes through it more. It almost certainly WOULDN'T be a TM issue, but that's not the only thing to consider when you branding.
TBH, this is a good example for businesses starting up about what to be careful of. Just because you have crossed your t's and dotted your i's in one area doesn't mean you are covered for other areas.
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Comment on Keto ice cream brand filed for Chapter 11 after a judge found it copied a Brooklyn rival's packaging in ~food
DoubleSupercool (edited )LinkThis is actually a pretty good case for review if you are looking at starting a business. I have a unique perspective in that I have worked for both the trade marks office and the federal consumer...- Exemplary
This is actually a pretty good case for review if you are looking at starting a business. I have a unique perspective in that I have worked for both the trade marks office and the federal consumer affairs department in my country.
First I would recommend checking out other photos of the products. The ones in the linked article don't really show just how similar the two products look.
So there's two separate, but related issues here: whether something is an "acceptable" to be given an intellectual property right (a trade mark) and whether your trade mark is likely to deceive consumers.
A point to note: trade marks are usually words or images (logos). Word trade marks are submitted as plain text and can use any font the applicant wants. Once you use a specific font, it is now an image logo and can ONLY be presented in that font to be protected. Very rarely are trade marks given for colours, sounds, smells, or fonts. If they are (particularly colours), they are usually for VERY specific colours (ie, just one Pantone colour) and for VERY specific goods/services. You can try and register a design or a patent for things like fonts.
While the legislation varies in different countries: the two general rules for granting a trade mark:
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Is it capable of distinguishing itself as a "badge of origin". That is, when people see it, they associate solely with you. It isn't a generic word or image that other traders would likely need to see (see: colours).
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Is it similar to, or likely to be confused with an already registered trademark, and for similar goods and services?
So, given you will have great difficulty registering a colour or font:
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Is "REBEL" a distinctive word for ice-cream? Yep. Doesn't desribe any aspect of ice-cream that other sellers are likely to need. Doesn't have any meaning in relation to ice cream, so all good!
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Is the word "REBEL" similar to the word "LEEUWUN"? Not even close. These two trade marks wouldn't even turn up in the average examiners search for similar trade marks.
So, REBEL gets to be a registered trade mark. That's the end of it!
No, just because you have a registered trade mark doesn't stop other companies suing you (Apple will sue ANYONE with a vaguely apple like trade mark, knowing that they would lose in court, but also knowing they will bleed small businesses dry).
It also doesn't mean that other laws, such as consumer protection/business laws don't apply to you. When looking at whether products are imitating competitors or are likely to deceive consumers, then the gestalt of the brands imaging has to be taken into account. Even a cursory look at photos of the two brands shows they are pretty damned similar and they obviously successfully argued that the average person buying this type of ice cream would likely be confused.
What really seemed to be the nail in the coffin though, was that the REBEL owners couldn't show HOW they came up with the logo. They only had the final Illustrator file.
TL:DR -
- Having a registered trade mark doesn't mean that you won't have problems with competitors
- Your branding needs to be unique, with ZERO confusion that your brand is unique
- Keep records of EVERYTHING to show how you came up with your trade marks and branding
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Comment on Keto ice cream brand filed for Chapter 11 after a judge found it copied a Brooklyn rival's packaging in ~food
DoubleSupercool Link ParentWell, you’d be wrong. As someone who has worked for a federal government in both trade marks assessment and consumer protection, I can see why the judgment was made. They are close enough to cause...Well, you’d be wrong. As someone who has worked for a federal government in both trade marks assessment and consumer protection, I can see why the judgment was made. They are close enough to cause confusion. The point of branding is to make your product so distinctive that people associate it ONLY with you. If your branding can be in any way confused with someone else’s, you have a problem. There were enough similarities that it was a big problem.
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Comment on Is AI profitable yet? in ~tech
DoubleSupercool Link ParentLike mines in Australia that promise construction and site jobs: what happens after the mine is dug and infrastructure is set up? There are relatively few workers and the ones that are there are...Like mines in Australia that promise construction and site jobs: what happens after the mine is dug and infrastructure is set up?
There are relatively few workers and the ones that are there are fly in and fly out. Local communities aren’t going to benefit much from any of this last the immediate short term.
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Comment on Moving US to Japan: Things to bring? Things to leave behind? in ~life
DoubleSupercool Link ParentYeah, leave the screen, take the mini. Monitors aren't too bad, but with the weak yen, Apple stuff is seriously expensive in local currency, as are things like graphics cards and memory (expensive...Yeah, leave the screen, take the mini.
Monitors aren't too bad, but with the weak yen, Apple stuff is seriously expensive in local currency, as are things like graphics cards and memory (expensive everywhere, but eye watering in Japan).
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Comment on Moving US to Japan: Things to bring? Things to leave behind? in ~life
DoubleSupercool LinkFYI, Uniqlo online has sizes up to 4XL online. Bummer you can’t try things out. Shoes are much harder to come by, especially if you need them for a particular purpose (e.g. hiking, soccer etc)....FYI, Uniqlo online has sizes up to 4XL online. Bummer you can’t try things out. Shoes are much harder to come by, especially if you need them for a particular purpose (e.g. hiking, soccer etc).
Also, computers and computer parts are just nutso expensive here. Buy it and bring it as parts if you have desktops.
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Comment on Moving US to Japan: Things to bring? Things to leave behind? in ~life
DoubleSupercool Link ParentRyobi has basically pulled out of the Japanese market now and are focusing on OS.Ryobi has basically pulled out of the Japanese market now and are focusing on OS.
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Comment on Neo: A novel-writing tool created by a novelist in ~tech
DoubleSupercool Link ParentFYI, REVO uninstaller free didn't work, but it looks like Uninstalr did: https://uninstalr.com/download/FYI, REVO uninstaller free didn't work, but it looks like Uninstalr did:
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Comment on Neo: A novel-writing tool created by a novelist in ~tech
DoubleSupercool Link ParentBe aware, I just tried to install it on Windows 11, it failed the install and now won't run OR uninstall.Be aware, I just tried to install it on Windows 11, it failed the install and now won't run OR uninstall.
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Comment on Neo: A novel-writing tool created by a novelist in ~tech
DoubleSupercool (edited )LinkWouldn't install properly on Window and and now won't uninstall properly. That's a hard pass as I now have to clean this up.Wouldn't install properly on Window and and now won't uninstall properly.
That's a hard pass as I now have to clean this up.
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Comment on How are you different than you were last week? in ~life
DoubleSupercool LinkFinally got married. Been together for 10 years, so nothing really "changed", but really, it has. Knowing that you have really committed to someone.Finally got married. Been together for 10 years, so nothing really "changed", but really, it has. Knowing that you have really committed to someone.
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Comment on AI data center developers begin suing local jurisdictions behind bans and moratoriums — claims range from officials exceeding authority to violations of due process and equal protection laws in ~tech
DoubleSupercool LinkPeople who don't think corporations need heavy handed regulating have never worked for a functioning federal regulator before. The fact that these lawsuits are even on the cards is a sign of a...People who don't think corporations need heavy handed regulating have never worked for a functioning federal regulator before. The fact that these lawsuits are even on the cards is a sign of a deeply broken system.
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Comment on I'm starting a small business: any advice? in ~finance
DoubleSupercool LinkYou can search trade mark databases in most countries for free. While the laws differ in different countries, the general tests for a “good” trade marks are: it is distinctive and capable of...You can search trade mark databases in most countries for free. While the laws differ in different countries, the general tests for a “good” trade marks are:
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it is distinctive and capable of acting as a “badge of origin”. That is, when people see it, the think of you as the source. Descriptive trade marks or words/phrases that other businesses would have a legitimate need to use are no good. (“Smartphone” is never going to get registered, “Galaxy” is a good TM for phones)
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can’t be similar to currently registered trade marks, for similar goods and services claimed.
Basically, when you file for a trade marks, you choose a word/phrase/image and the class of goods or services you want. Generally you want to claim a “class heading”, as that will give you the broadest protection, but they means you will be more likely to butt up against other registered TMs.
Also, be aware that just because the IP Office might grant you a right, it doesn’t stop other companies taking you to court. Apple does this a lot for cases they would 100% lose, but they can destroy small businesses with legal fees and time.
TL:DR, try and be as unique and non-descriptive as possible.
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Comment on What is your Mandela effect moment? in ~movies
DoubleSupercool Link ParentTo be fair, I downloaded a copy of Dumb and Dumber a while ago and it had several different additional scenes that the version I grew up with in my home country that reeeeaaally changed the vibe....To be fair, I downloaded a copy of Dumb and Dumber a while ago and it had several different additional scenes that the version I grew up with in my home country that reeeeaaally changed the vibe. Way more sexual.
I have no issue with sex jokes, but the version I grew up with Lloyd and Harry being naifs, and them making sex jokes just really went against that.
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Comment on Why normal people aren’t using AI agents in ~tech
DoubleSupercool Link ParentImma gonna go ahead and say if you are running a decommissioned enterprise server in your closet, you probably aren’t an average user ;)Imma gonna go ahead and say if you are running a decommissioned enterprise server in your closet, you probably aren’t an average user ;)
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Comment on Why normal people aren’t using AI agents in ~tech
DoubleSupercool Link ParentIt took me soooooo bleeping long to come up with a series of similar icon style pictures to use for different groups in class that it legit would have been faster to do it myself. TBH, I was just...It took me soooooo bleeping long to come up with a series of similar icon style pictures to use for different groups in class that it legit would have been faster to do it myself. TBH, I was just trialing to see what it came up with, but the very, very, very clear problem is:
AI doesn’t actually “know”, what it is outputting. It just outputs a “thing”.
Say I asked it to make an image in 80s outrun style of a group of lemurs at a dance party and it came up with something, and I tell it to change the third lemur’s hat to a cowboy hat, it has ZERO idea of what “the third lemur” is, and it just randomly spits out more hallucinatory shit, and every iteration gets more and more freaky.
A human knows in a second exactly what you are saying and fixes it.
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Comment on Cheap / budget travel Japan ideas request in ~travel
DoubleSupercool Link ParentUsually after around 7pm. Don't get too excited. It's just food and nothing particularly special. I recommend going down to Shikoku. Maybe take a break in Okayama on the way. There are a bunch of...Usually after around 7pm. Don't get too excited. It's just food and nothing particularly special.
I recommend going down to Shikoku. Maybe take a break in Okayama on the way. There are a bunch of craft things around Bizen there. Nobody ever goes to Shikoku and it's beautiful.
Hiroshima is nice, but Nagasaki always plays second fiddle and it's a nice city.
As much as I like TeamLab and it's in my area of interest (interactive computer visuals), I personally don't know if it's the kind of thing you need to go to a foreign country to experience. As in, it's not particularly "Japanesey", if that's your thing.
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Comment on Any obscure songs you'd like to share? in ~music
DoubleSupercool LinkDo yourself a favour and have a listen to The Cruel Sea from Australia. Black Stick is best listened to with a good seat of headphones or speakers Also from Australia: You Am I Courtney Barnett...Do yourself a favour and have a listen to The Cruel Sea from Australia.
Black Stick is best listened to with a good seat of headphones or speakers
Also from Australia: You Am I
Courtney Barnett covered Heavy Heart very nicely
and their usual, rockier/poppy stuff like Mr Milk (with a definite nod to XTC)
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Comment on America’s enterprising spirit is booming after decades-long slump in ~finance
DoubleSupercool LinkSmarter Every Day just posted an interesting video on US manufacturing and trying to do everything "properly". https://www.youtube.com/watch?v=vS6HEes8dawSmarter Every Day just posted an interesting video on US manufacturing and trying to do everything "properly".
Look at how the Conservative party in Australia dealt with internet. They decided that the proposed and accepted Fibre to the Premises plan (already in place and started by the previous government) wasn’t needed and changed it to Fibre to the Node (then existing copper to homes) because “it will save money, and as you know, we are great economic managers, and anyway, who needs fast internet , anyway. I don’t”.
Narrator: they aren’t, and “everybody”