Wednesday, April 20, 2011

An I.P. Attorney and Me

Recently, I met with an Intellectual Property Attorney concerning the matter of someone "stealing" my stuff.  Now, I know some of you out there are going "Really? Who in the hell would want any of her crap?"  All I can say in my defense, is some people have absolutely no taste and would steal anything if they could make a dime off of it.  As far as my "stuff" for the most part I just want the user to say where they got it from.  Even STDs get blamed on someone.

I have noticed recently, however, some of the late night talk shows are using material that I have read on various blogs.  I, also, notice that the blogs were printed far ahead of the comics using the "word for word" content.  I am thinking some of you clever bloggers out there are unpaid writers for the biggies of TV.

But it does bring up the whole issue of Trademarks and Copyrights.  I am not on board the cheating bus but I do want to own the "it's all mine" bus.

THEREFORE: I am thinking I need to start Trademarking and Copyrighting some things.  (be warned you blog thief's out there!!! I am copyrighted on my  current conflicted drivel.)

You have to know if Donald Trump can go after the copyright for the phrase "YOU'RE FIRED".  I can go after a few phrases of some notoriety that no one happens to own the right to YET.

Before I get into the part about  the phrases I want to become the registered owner of, let's look at the new applications for copyrights.

Charlie Sheen is back in the news.  You would think the big story for Charlie would be his moronic behavior and his ridiculous show, however, one of the big stories is the fact he is going after the trademarks on his "catch phrases".  This is the real story of what your mind does when it is on drugs, it apparently comes up with stupid catch phrases that can be marketed.


Charlie's Brain on Drugs
 The I.P. attorney is being a little evasive on the entire list of the 22 phrases that are in questions but these are listed:
  • Vatican Assassin
  • Tiger Blood
  • Rock Star from Mars
  • I'm not Bi-Polar, I am Bi-Winning
  • Duh, Winning
  • Adonis DNA
  • Sober Valley Lodge (ok, I am thinking that he deserves that one)
  • Sheen's Goddesses
  • Violent Torpedo of Truth
  • Defeat Is Not an Option  (that one sounds vaguely familiar, doesn't it?)
I am conflicted (of course) on his actual rights to any of these phrases with maybe the exception of the Sober Valley Lodge, but I do see where the marketing could bring him some cash.  Who wouldn't find the irony in buying drug paraphernalia with the phrase "Duh, Winning" on it.  The "Rock Star from Mars" has a certain double entendre  quality  when used with his other phrase "I was banging 7 oz. rocks that would have killed normal people". Truly, why isn't he selling T-shirts with that phrase on it?" (maybe he already is and I am just out to the loop)

I guess we can't fault the guy for trying...Oh wait...sure we can.  This really isn't any worse than when Paris Hilton (another of my faves, I say while sticking my fingers down my throat) trademarking "That's Hot!  In Paris' case it actually put her in the position to sue Hallmark cards for using that phrase in some greeting cards.

The Jersey Shore cast tried to trademark all their names.  Unfortunately for Snooki, her name is too close to a cartoon cat named Snooky, so her request was denied.  The Situation was also, denied because of a line of shoes that are named Situation. (the THE didn't help).  The one cast member, supposedly,  that did get her name trademarked was J-WOWW. So be warned if you go around using J-WOWW without the proper permission you are in trouble.

The other celeb that went after a trademark was Sarah Palin. Her application was denied, however, because she forgot to sign her name on the application.  I just think that is so funny.  Really, sending an application for a trademark on your name and forgetting to sign your name.  (heh heh)

What might I want to Trademark you say??  I want to trademark the phrase "I'm just sayin".  I have noticed it's presence everywhere.  So...I want to own the rights to it. 

BE WARNED!  In the future, if I have my way, you will be paying me for the use of that phrase.

I'M JUST SAYIN'


The Good for the Day...Great blog reading this morning.  Gosh, there are clever people out there.

The Bad for the Day... I am feeling a little less crabby this morning than normal so let's not ruin it with a bad.

The Weird for the Day...For those of you that aren't already aware April 20th is National Pot Smoking Day.
In today's KC Star there is a warning that extra police are on duty to scout out the celebrants of NPSD.
Gosh, I am glad they brought the holiday to my attention.  I wouldn't of known otherwise.

7 comments:

Wolfbernz said...

Hi Cheryl,

I have had this happen in the past where people steal my stuff, God only knows why...LOL

To fix the situation Google the DMCA act. I have used this in the past.
First notify the offender send them a DMCA. You can find them using the Whois (again Google it) and get there email address this way.

If they do not respond then you send a DMCA notice to the hosting provider.
This is the server that shows up in the whois, it looks like NS1.yourdomain.com. Yourdomain.com being the hosting provider.
Once they are notified it's on their server they have to remove it or they become in violation.
This seems to work well.

I hope this helps,have a great day!

Wolf

Bodacious Boomer said...

Some of my stuff too has been cloned w/o permission. I never know whether to be happy or pissed.

Cheryl said...

Hi Wolfe, I hope that some of the other bloggers out their see your comment on the chance they would need that information. For the most part, my stuff isn't worth much so it hasn't been a big problem. It was interesting though, to talk to the IP attorney and hear about the past cases of writers using blog fodder for commercial use.

Cheryl said...

Hi Michelle,

I am, for the most part ambivelant as to the use of my material. Really, the only way that I would blow a gasket if someone re-publishes it or uses it in a very public, commercial way under their name. Give credit, where credit is due. Still I know there are some major celebrities that are using blogs as their material.

junebug said...

I'm all for protection but I have to say I am weary of trademarking. I think it could so easily get out of hand and one day I won't be able to say, "Cool Beans" without forking over a few bucks for the privilege. I agree with you on Sober Valley Lodge. He can have that one and maybe Sheen's goddesses (or is that goddess now that one left) but not the rest.

Cheryl said...

Hi Junebug, Thanks for coming by. Isn't it true that everything tends to get so "overdone" any more. Just ridiculous to try to protect common words or phrases. How would you even know who is using them?
You sound like you have a fun sense of humor. I only heard tonight about the Goddess departure. What a freak show.

junebug said...

I'm all for protection but I have to say I am weary of trademarking. I think it could so easily get out of hand and one day I won't be able to say, "Cool Beans" without forking over a few bucks for the privilege. I agree with you on Sober Valley Lodge. He can have that one and maybe Sheen's goddesses (or is that goddess now that one left) but not the rest.