Brianna Wu / John Walker Flynt - "Biggest Victim of Gamergate," Failed Game Developer, Failed Congressional Candidate

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I know that coronavirus making people dumber but I kept thinking that John would be immune. Clearly not.

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Oh well, guess it's yet another day of living in disgusting filth, how cute and nerdy!

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I know that coronavirus making people dumber but I kept thinking that John would be immune. Clearly not.

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Oh well, guess it's yet another day of living in disgusting filth, how cute and nerdy!

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So John thinks there's a CEO of Vicks "Vapor Rub." He probably also thinks there's a CEO of Cherry Coke and a CEO of Big Macs. And, as always, the product name is wrong -- it's VapoRub.

And the statement that Frank is inventing a device that will "sell a toy company" is gibberish at best.

When you include the demented fantasy of Grendel cleaning its lair, it's obvious that John's been hitting the NyQuil Ambien cocktails extra hard.
 
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I know that coronavirus making people dumber but I kept thinking that John would be immune. Clearly not.

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It's interesting that Brianna needs to shove some sort of "moral" interpretation into a bald statement of fact.

Fewer people are buying cold medicines because fewer people are getting colds. I have no idea if that is true or not, but it sounds plausible. It might have impacts on jobs, and it might even be mildly concerning if this actually means it will be harder to deliver drugs to market. It's an interesting problem.

Why is Brianna yammering about "selfishness" and "the CEO of Vapor Rub?" Are cold medicines supposed to be evil now?
 
Why is Brianna yammering about "selfishness" and "the CEO of Vapor Rub?" Are cold medicines supposed to be evil now?

What economist wu is saying is that the economic impact is a non issue. So when the black single mom on the packaging line at 'vapor rub' gets laid off vicks ...underwear fuck her right in the ass, assigned male style.
basically EconWu is saying stimulus checks are a farce.


FWIW Vicks is a P&G company, that's biotech (they have a SINGLE dose vax they are trying to bring to market) -- their cleaning products division and their biotech divisions are doing OK. So it's basically LaTonya on the line and Darius driving the truck at a subsidiary that will get it, not albinoid David Taylor. But since those are just niggers to Wu, if they just have to be a racial minority so bad they shoulda had the sense to have been born one of the good minorities like a clever, but dominable chink.

After all, it's that sweet sweet biotech loot that buys porsches
 
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Would you patent a toy? Or wouldn't you just make it and that inherently gives you the TM for it?
You can patent methods, not designs. And a name can be a trademark but without federal registration you get none of the advantages of it. You might have common law remedies but you're missing most of the best Lanham Act remedies, and anyone who infringes your trademark can't be assumed to have been on notice that it's registered. If you register, anyone who infringes is expected to have done a trademark search before using a mark in commerce. A trademark is also not a design (generally), but a word or mark or nearly anything perceptible to the senses (which actually can include a design) that identifies a product as coming from a particular source. A character design would generally be copyrighted and is born copyrighted if it is copyrightable.
 
A trademark is also not a design (generally), but a word or mark or nearly anything perceptible to the senses (which actually can include a design) that identifies a product as coming from a particular source.
Color is an interesting one. Fiskars orange for certain products is a sign of quality.
 
Color is an interesting one. Fiskars orange for certain products is a sign of quality.
There are actually a lot of these, like Owens-Corning owning the right to make pink fiberglass insulation, or John Deere owning the right to make green tractor equipment. They generally only own the distinctive shades of the color, though, and may not own it in places that don't recognize such things or where someone else has already been doing that before them.
 
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There are actually a lot of these, like Owens-Corning owning the right to make pink fiberglass insulation, or John Deere owning the right to make green tractor equipment. They generally only own the distinctive shades of the color, though, and may not own it in places that don't recognize such things or where someone else has already been doing that before them.
Yeah, registering the color is very specific and I remember in the 90's the specific color would be registered in hexadecimal(making it digital) along with where the trademark applies. It was pretty narrow, as it should be, but using certain words with a certain font in a certain color could be trademarked.
 
It's what's known as "trade dress"
It's one of many things in that category, which includes things like general look and feel. Unlike many kinds of trade dress, though, one can specifically register a color. For instance, you really couldn't register something like the use of the colors of the Mexican flag for a Mexican restaurant, but if you could add up a number of design features, you might get trade dress infringement out of it. For instance, one of the trade dress suits commonly cited in textbooks: Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992). My personal opinion is this case is dumb and has been undermined subsequently anyway but it's still usually in IP textbooks.
 
You can patent methods, not designs.
Actually you can. In fact the patent office has kind of been cracking down on pure method claims since Bilski.
These would be apparatus (device) claims.
But especially US law, patentable subject matter is very (after Chakrabarty)
including compositions of matter and even lifeforms (europe is more hinky on that one)


the toy, depending on what it is, it could qualify for a special kind of patent called a Design patent (you'll see a D preceding the number) which covers (non-functional) aesthetics but has more limited terms
but it could also get a utility patent (even some novel aesthetic elements that provide a function like 'amusement' can qualify, after Dembisczak ...I may have butchered that spelling, it's the old jack o lantern trashbag case)
 
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It's one of many things in that category, which includes things like general look and feel. Unlike many kinds of trade dress, though, one can specifically register a color. For instance, you really couldn't register something like the use of the colors of the Mexican flag for a Mexican restaurant,
That would fall into generacy or at best descriptive
Trade dress, like any other form of trademark must suitably differentiate (ie distinctiveness) the business within the scope of the market in which it operates (conducts trade)
It's really an application of the 4 level trademark category test
Now it's almost an affirmative defense to try to apply acquired secondary meaning...where a generic or descriptive element can be used to differentiate the business and it's not a brightline (but a national flag tied to a product of that nationality is a hard hard sell - I was actually shocked that case went as far as it did TBH)
but trademarklaw is never very brightline and it's always kind of evolving like the new test in the Converse case 3-4 years ago
 
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