Long Island, NY couple files trademark for "Occupy Wall St.," branded "hobo bags" are on the way

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71 Responses to “Long Island, NY couple files trademark for "Occupy Wall St.," branded "hobo bags" are on the way”

  1. flowergardenslayer says:

    I guess we had to expect a co-opting at some point right?  The revolution that can be labelled is not the eternal revolution.

  2. Mack Reed says:

    Somebody PLEASE make my day and point this out to Anonymous. 

  3. andyhavens says:

    “Hobo bags” really needs to be slang for something else. I’m not sure what; taking nominations now.

  4. Stonewalker says:

    Philosophical and practical question – will it be “wrong” for Dian Maresca to make money on the  Occupy movement.  Yes or no and why?

    • Warren_Terra says:

      I don’t know that it’s wrong to profit from peoples’ interest in and affection for #OWS – though it would certainly be more seemly if some of the revenue were being fed back into the cause. But these people aren’t just seeking to profit from it; they’re also registering that they own the trademark. One that they quite obviously neither invented nor popularized. Pretty slimy.

    • TokenCapitalist says:

      Is it wrong to profit from the OWS movement? Not at all. The people down there keep screaming for jobs. Instead of waiting to be handed an income, why don’t some of them go try to make their own success like the Maresca’s are doing.

      Also, I don’t see this getting approved. And if it does, it can take many months before a TM is approved. By then the whole thing could die down. Not sure how the couple even plans on enforcing their TM given that most populous political movements are grassroots. Are they going to sue every Joe Blow printing stickers at home and selling them on his WordPress site?

      • Guest says:

         Because the rest of us aren’t thieves.

        • TokenCapitalist says:

          A TM is a government granted monopoly on intellectual property, an intangible good.

          No one here is stealing, although if this TM gets granted, it’s all BS and the people submitting for it are morons, as is the government which runs this little system we call trademark.

      • Catbeller says:

        “Are they going to sue every Joe Blow printing stickers at home and selling them on his WordPress site?”

        Exactly.

      • aeiownedyou says:

        You fail to understand. You think this is just about being handed jobs and money? LOL

    • Obviously it would be wrong to make money on volunteers who are fighting a revolution for free!!

      • Stonewalker says:

        Why would that be wrong?  Any of the protestors could have had the idea and done the same thing.  Would it have been wrong then?

        I like your name.  Actually, it sort of highlights something that really bugs me about some of the OWS signs and messages I’ve seen.  Many are calling for the death of capitalism.  Here is a pro-tip – we haven’t had capitalism in America for a very long time.  We’ve had fascism and Corporotism.  Combine that with the global policy of Neo-Liberalism, and we’ve got all the world-powers working together with all of the worlds’ wealthy with the goal of keeping poor nations poor and keeping the rich rich.

        Again, that is not capitalism, that’s fascism.  I don’t know enough to posit which regulations are ok and which aren’t – but I DO know that the government-subsidized wealth is enemy-number-1. 

        But we are all fucked.  Even if we could magically immediately stop government subsidized wealth, nobody in America would be willing to deal with the economic fallout which would result.  The US is dependent on that subsidized elitism in too many ways.  People would die.  Vast sections of our industries would grind to a halt and be forced to adapt before moving forward.  This needs to happen, but it won’t.  And so we are fucked.

  5. I’m amazed that no one saw this coming.  The same thing happened to the Tea Party.

  6. Deidzoeb says:

    Long Island, NY couple illustrates a new and different way to miss the point of Occupy Wall Street.

  7. Lemoutan says:

    The movement will have to, like The Artist Both Now And Formerly Known As Prince, refer to itself with a symbol. (Which somebody will trademark as a logo).

  8. Roman Berry says:

    Trademarks are not automatic. I have a hard time seeing this application being approved.

  9. CSBD says:

    Is it all that shocking to see this couple attempting to join the 1% by being total douchebags?

    I guess this is “capitalism”… getting the rights to something valuable (created by someone else) and making money off of it.

    • That_Anonymous_Coward says:

      Well this is the carrot that the 1% keeps on the stick to keep us slaving away and ripping down each other.  You to can get rich like us, just shove that other guy off the ladder and you move up.

  10. Lobster says:

    Just so long as I get my royalties.

    I have a patent on irony.

  11. As others mentioned above, they most likely will not be approved for this trademark. ‘Occupy Wall St.’ is too common a thing to mark. 

    But, I couldn’t think of a more ironic way to kill this protest than to have someone set up to receive royalties from everyone who uses the Occupy Wall St. slogan.

  12. Guest says:

    another interesting attempt to extract blood from stone.

  13. rabidpotatochip says:

    I remember 9/11 and how literally a week later commemorative plates were available.   No matter how tasteless, there’s always someone willing to try making money off an idea.

  14. Ashen Victor says:

    U.S.A. I´m sorry, but you are full of shit… for real. Stop pretending you are not.

  15. andy says:

    I would happily spend my own time and money making trademark-infringing knockoffs and giving them away just so their business would fail. But really, is anyone going to buy one of these? OK, maybe an ironic hipster or two but I’m betting they don’t cover cost of production. Of course they will be made by children in a third world country so who knows. 

    • Catbeller says:

      They’re doing it to set a trap for anyone infringing on their “trademark”. Wait for money to be made, then sue for infringement and damages.

  16. Graysmith says:

    Someone should head over to West Islip and do a little Occupying on their lawn.

  17. Stefan Jones says:

    Ugh. Hobo bags aren’t what you’d think. Just a kind of purse:

    http://www.hobobags.com/

    I bet those things don’t even have a pocket for Slumgullion fixings.

    • Tribune says:

      Wow “Hobo” bags really come under the “I do not think it means what you think it means.” category.

      but free shipping on over $150

    • Antinous / Moderator says:

      Ugh. Hobo bags aren’t what you’d think. Just a kind of purse:

      Also a delicious Italian appetizer consisting of capers and grated asiago wrapped up in venison carpaccio with a little toothpick at the top to look like the staff that the bag hangs from.

  18. kmoser says:

    USPTO should declare their application null and void, unless her legal name is actually spelled all lowercase.

  19. Saw many buttons and baseball caps at #OWS last Friday.  People were making money already.

    Can’t wait for the MTV show and the Repug Congresscritter which will emerge from it a decade or two down the line.

  20. David Forbes says:

    They didn’t create the phrase, and they have had no control over its widespread use for the last several weeks, so they probably have no right to trademark this phrase.  (I’m not a lawyer)

    They also don’t need to trademark it in order to sell merchandise with the phrase printed on it. Trademarks are only useful to keep others from using a phrase, and that requires the use of a lawyer, so the only people to benefit from this are the lawyers. And the lawyers will charge you the same fee whether or not the judge rules for or against you.

    • Catbeller says:

      Naomi Klein wrote a book, “No Logo”, about the commercialization of the public space.
      Not long after she wrote it, someone applied for the trademark. And got it. It happens.

  21. wylkyn says:

    Yes, “hobo bags”! What else am I expected to keep my hobos in? If you don’t bag your hobos, they will just get creases and tears and all sorts of environmental damage, and will rapidly lose value. I have a mint condition Emmitt Kelly that’s worth at least two bits and a cigar butt! That’s all due to proper use of hobo bags.

  22. Lauren Read says:

    Rediculous!  Also, even though Occupy Wall Street is an official entity, I like to think of it as a movement, with lowercase letters.  Given that, http://occupygovernment.org is a good use of this positive movement – a way to take real action with the upcoming elections!

  23. Brian Madigan says:

    Capitalism Eats Itself?
    I’m looking for Hobo Bags right now. All I got is a hobo handkerchief, totally missing out on the hobo bags.

  24. Liz Stevenson says:

    The cow doesn’t even know how to capitalize her name or where she lives.

    Someone just copyrighted “Keep Calm and Carry On,” so I don’t see why this couldn’t happen. It seems a bit naive to dismiss it because it doesn’t make sense. We are talking copyright law, people. 

  25. That_Anonymous_Coward says:

    We are told to remember the idea, not the man, because a man can fail. He can be caught, he can be killed and forgotten, but 400 years later, an idea can still change the world. I’ve witnessed first hand the power of ideas, I’ve seen people kill in the name of them, and die defending them… but you cannot kiss an idea, cannot touch it, or hold it…
    ideas do not bleed, they do not feel pain, they do not love…

    But they can be registered so someone can profit, justly or unjustly.
    Because profit is more important than ideas…. and that is whats wrong with the world.

  26. GrumpySteen says:

    Considering how many people have been seen at the Occupy Wall Street protests wearing V for Vendetta style masks, it seems likely that anonymous would take an interest in someone trying to co-op the name. 

    Oh look… she even provided her home address to make it easy for them.

    This should be fun.

  27. ” The spectacle’s estrangement from the acting subject is expressed by the fact that the individual’s gestures are no longer his own; they are the gestures of someone else who represents them to him.”

  28. EricT says:

    I tried to do something like this with Occupy Kent State merchandise, but it didn’t work out. 

  29. camerara says:

    I saw jello biafra do a spoken word performance for the melbourne festival a few days ago and he was selling tour tshirts with the audacity of hope obama pic on the front and Occupy melbourne and the tour dates on the back.

  30. journey46 says:

    money. money money.
    99.9 % of the planet lives without it, dies without it, becomes fertilizer for future generations.

  31. travtastic says:

    https://www.facebook.com/dmaresca3

    Anybody think that could be her?

  32. Catbeller says:

    Years ago, I saw a quote from a young ad agency suit. She said they could take any revolutionary idea and harness it to make money – that there could be no rebellion they could not co-opt. Seems so. IP laws are destroying our ability to rebel.

  33. erissian says:

    I’m just surprised it wasn’t Urban Outfitters

  34. Palomino says:

    Carpetbaggers

  35. Jeremy Mizell says:

    That trademark has very little chance. There’s no way they can provide prior art to prove they originated the idea.  If magically the trademark is approved and not challenged (anyone can challenge a trademark before approval), it will be very easy to lose or defend against. 

  36. This is the intellectual property of Adbusters, they should sue to preserve occupy for public use.

  37. Matt H Kennedy says:

    It’s become a generic term, in popular, wide-ranging use. It’ll never get approved.

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