General Discussion Triathlon Talk » Today my dad and I went to the place where boys become men... Rss Feed  
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2010-07-26 1:09 PM
in reply to: #3005047

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Subject: RE: Today my dad and I went to the place where boys become men...
/begin trademark geekery

Just to be clear, the fact that the registrations were abandoned does not mean that WTC won't still try to enforce a mark in 140.6.  It just means they don't have a registration.  In the US, you can have a "common law" mark even without a registration.  They may also have obtained registrations in other countries, where the standards for registration are different.  In fact, come to think of it, I would count on it.  So the issue is still there, it's just not as strong for them as if they had obtained a US registration.   Also, there is a body of trademark case law that talks about "fair use" for tradmarks that are also descriptive.  The main case on this is KP Permanant Make Up, where the Supreme Court said that there can be fair use even if there is confusion when a use is descriptive (there, the trademarked/descriptive term was "microcolor" as used to refer to pigments for permanent makeup tattoos -- back to tattoos!).  Long story short, I would reccommend your RD talk to trademark counsel before advertising a race to ensure the use of "140.6" is descriptive, not a trademark usage.  But the 140.6 issue is eventually going to come to a head, I am sure.

/end trademark geekery


2010-07-26 1:10 PM
in reply to: #3005090

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Subject: RE: Today my dad and I went to the place where boys become men...
dinabean - 2010-07-26 2:09 PM /begin trademark geekery

Just to be clear, the fact that the registrations were abandoned does not mean that WTC won't still try to enforce a mark in 140.6.  It just means they don't have a registration.  In the US, you can have a "common law" mark even without a registration.  They may also have obtained registrations in other countries, where the standards for registration are different.  In fact, come to think of it, I would count on it.  So the issue is still there, it's just not as strong for them as if they had obtained a US registration.   Also, there is a body of trademark case law that talks about "fair use" for tradmarks that are also descriptive.  The main case on this is KP Permanant Make Up, where the Supreme Court said that there can be fair use even if there is confusion when a use is descriptive (there, the trademarked/descriptive term was "microcolor" as used to refer to pigments for permanent makeup tattoos -- back to tattoos!).  Long story short, I would reccommend your RD talk to trademark counsel before advertising a race to ensure the use of "140.6" is descriptive, not a trademark usage.  But the 140.6 issue is eventually going to come to a head, I am sure.

/end trademark geekery


That's interesting! Are you a patent attorney?
2010-07-26 1:12 PM
in reply to: #3005096

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Subject: RE: Today my dad and I went to the place where boys become men...
trishie - 2010-07-26 2:10 PM
That's interesting! Are you a patent attorney?

No, but I am a trademark attorney.  Wink  Sorry, not being a jerk, but patents are way different than trademarks, even though they are overseen by the same Agency in the U.S.
2010-07-26 1:17 PM
in reply to: #3004759

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Subject: RE: Today my dad and I went to the place where boys become men...
I guess I'm still a "boy"!  Fine with me!  Two IM's and no ink...
2010-07-26 1:37 PM
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Subject: RE: Today my dad and I went to the place where boys become men...
dinabean - 2010-07-26 2:12 PM
trishie - 2010-07-26 2:10 PM
That's interesting! Are you a patent attorney?

No, but I am a trademark attorney.  Wink  Sorry, not being a jerk, but patents are way different than trademarks, even though they are overseen by the same Agency in the U.S.


I'm a criminal attorney (prosecutor) and the whole patent/ trademark area of the law confuses and befuddles me Tongue out. You guys have to take a specific bar, correct?
2010-07-26 1:49 PM
in reply to: #3005191

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Subject: RE: Today my dad and I went to the place where boys become men...
trishie - 2010-07-26 2:37 PM
I'm a criminal attorney (prosecutor) and the whole patent/ trademark area of the law confuses and befuddles me Tongue out. You guys have to take a specific bar, correct?

There is a separate bar exam for patent practice before the USPTO (and interestingly, you can be cleared to write patents even if you are not an attorney, if you have the correct technology background!) but there is no similar requirement for trademark practice.  For patents, you need to prove a level of competence in the "art" (the science behind the inventions) in order to be able to do a patent application.   Trademarks are much less technical.  And you don't need any special bar (other than membership in the appropriate Federal court) to litigate disputes over either. 


2010-07-26 2:29 PM
in reply to: #3002659

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Subject: RE: Today my dad and I went to the place where boys become men...

I think it looks awesome!!  Congrats!!

2010-07-26 2:40 PM
in reply to: #3002659

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Subject: RE: Today my dad and I went to the place where boys become men...
This thread has me cracking up more than I could have imagined.  :D   Couple of points:

1.  I didn't do the race with him.

2.  The thread title was meant to be a humorous reference to that long gone idea of a father taking his son to a brothel to "become a man."  Guess I  failed.  Surprised  I went with him because I have spent many an hour in tattoo shops, and he wanted me there for guidance.

3.  My dad has been doing triathlons since the early 80s (with a huge break in the late 90's till a few years ago).  He always thought it would be cool to do an Ironman, but never got around to it.  When my younger brother did his first IM 2 years ago, he was inspired.   Problem was he had been suffering from horrible Achilles pain for several years.   4 months before IM St George, he had surgery to get rid of that pain, and it worked.  He got the tattoo on the leg he had surgery on, just above the incision scar.

4.  He chose the MDot because, like it or not, it is the symbol of the Ironman.   It's simple, clean, and translates to a great tattoo for somebody who only plans on having the one.   He also spent lots of money on IM branded gear at the expo.....guess that makes him a total corporate  wh*re.   Wink    It's how he wanted to celebrate a momentous occasion in his life.

Edited by undertheradar 2010-07-26 2:42 PM
2010-07-26 3:45 PM
in reply to: #3002659

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Subject: RE: Today my dad and I went to the place where boys become men...

I think it's great!  Tell him congratulations.

 

2010-07-26 4:00 PM
in reply to: #3002659

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Subject: RE: Today my dad and I went to the place where boys become men...

Congrats to your Dad!  I did the Ironman St. George as well - that course was tough!  I did the same (actually 2 M-Dot Tats - on calf and back).  Everybody has their opinion - mine is that me and your Dad earned them!  I am proud of my accomplishment and happy to sport the WTC logo and what it stands for; again my opinion only....
2010-07-26 4:35 PM
in reply to: #3002659

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Subject: RE: Today my dad and I went to the place where boys become men...
Great accompishment for your Dad.

But it looks like your cat is camera shy.


2010-07-26 5:07 PM
in reply to: #3005732

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Subject: RE: Today my dad and I went to the place where boys become men...
tri808 - 2010-07-26 4:35 PM Great accompishment for your Dad.

But it looks like your cat is camera shy.


Haha...that's actually a 140 pound chocolate lab.    Must be the camera angle makes him look small.
2010-07-26 5:09 PM
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Subject: RE: Today my dad and I went to the place where boys become men...
Very cool.  Not many of us lucky enough to have active parents, especially triathletes!
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