Come to Duff Gardens, where roaming gangs aren't a problem anymore.
http://www.upi.com/Entertainment_News/2011/05/14/Disney-seeks-SEAL-Team-6-trademark/UPI-91721305384760/
Why is this legal? Based on what should disney be allowed to claim exclusive rights to the term seal team 6 just because they filed some paper work. So now they get to make all the money that there is to be made off of this based soley on being the first to file paper work. That's stupid. In order to be granted a trademark you should be required to prove that either you've done something to create the value that a phrase has, or that you are planning to do something to create value in a phrase. If a phrase has become valuable through your efforts, then it makes some sense that you should be allowed to benefit from that value, and not somebody else. I have no problem with disney making money off of the happiest place on earth, or Muhammad Ali making money off of float like a butterfly, sting like a bee. They promoted those phrase. They instilled them with value. Seal team 6 is valuable because of the actions of the members of the team, and the national media using/promoting the term. The term should belong either to the government, the only group that can legitimately claim to have created the value, or just be in the public domain free for anybody to use.
Homer: Two more feet, and I can fit it in the fridge.
Marge: Homer, I found this behind the radiator. I really think you
should throw it away.
Homer: Suggestion noted.
Homer: Marge, I'd like to be alone with the sandwich for a moment.
Marge: Are you going to eat it?
Homer: [pause] Yes.
Why is this legal? Based on what should disney be allowed to claim exclusive rights to the term seal team 6 just because they filed some paper work. So now they get to make all the money that there is to be made off of this based soley on being the first to file paper work. That's stupid. In order to be granted a trademark you should be required to prove that either you've done something to create the value that a phrase has, or that you are planning to do something to create value in a phrase. If a phrase has become valuable through your efforts, then it makes some sense that you should be allowed to benefit from that value, and not somebody else. I have no problem with disney making money off of the happiest place on earth, or Muhammad Ali making money off of float like a butterfly, sting like a bee. They promoted those phrase. They instilled them with value. Seal team 6 is valuable because of the actions of the members of the team, and the national media using/promoting the term. The term should belong either to the government, the only group that can legitimately claim to have created the value, or just be in the public domain free for anybody to use.
Homer: Two more feet, and I can fit it in the fridge.
Marge: Homer, I found this behind the radiator. I really think you
should throw it away.
Homer: Suggestion noted.
Homer: Marge, I'd like to be alone with the sandwich for a moment.
Marge: Are you going to eat it?
Homer: [pause] Yes.
posted by Trashcan at 5/16/2011 11:36:00 PM
2 Comments:
I didn't know you could trademark general use words that you didn't coin yourself.
I don't really know the details of the law, but like you said, if it's a general use thing it should remain in general use and be owned by nobody. Unless disney can demonstrate that they will do something to boost the visibility of the phrase and add value to it beyond what already exists. And they can't.
Post a Comment
<< Home