Bo sells a t-shirt that says "Eat More Kale" from his home in rural Vermont. Titanic chicken sandwich chain Chick-Fil-A claims that this shirt infringes on their trademark for the slogan "Eat Mor (sic) Chikin' (sic)." They've demanded that Bo shut down and turn over his website to them. Rather than capitulate, Bo is making a defiant documentary about his refusal, and he's raising funds on Kickstarter.
Of course, I might not win --- the odds are against me. All over the country 'trademark bullies,' large corporations that bully small businesses over alleged claims of trademark infringement, are legally harassing small businesses and wearing them down with repeated lawsuits and appeals. In the face of overwhelming legal bills, most small businesses just give up.
This is more than just plain wrong: it's un-American.
By helping make this documentary I want to shine a light on this issue, my battle, and other trademark bullies, too. If I win, it's a great story; if I lose, it's a sad story. Either way, Jim and I think it's a story worth telling.
It seems to me that there shouldn't be any valid trademark claim here. Leaving aside the spelling issue, the graphic presentation of "Eat More Kale" is very different from "Eat mor chikin." The phrase "Eat more," is pretty generic, and is unlikely to result in confusion. I'm not a lawyer, but I'm inclined to think that if Bo can stay in the fight long enough -- that is, if they don't outspend him into oblivion -- he stands a chance of winning.
A Defiant Dude by James Lantz and Eat More Kale guy — Kickstarter
Researcher Yarden Katz scraped the database of Intellectual Ventures, a giant business that buys up patents, but produces nothing but lawsuits (previously), and discovered that IV claims ownership of nearly 500 patents that were created at public expense by researchers employed by public universities, and another 100 or so patents filed by the US Navy.
Kids’ author/droid builder Kurt Zimmerman created “Artoo Deco,” an Art Deco take on R2-D2, capable of movement under radio control, and with an in-built sound-system that makes cool, droidish noises.
Good Hello, Consumers of Media About Media:
Courtesy of our friends at Boing Boing, this is Negativland speaking to you. Thank you for reading about all of our deaths over the past year and a half!
This week’s top deals from the Boing Boing Store range from lobster to wine to desk organization. 1. Get Maine Lobster (50% Off)With these discounted packages from Get Maine Lobster, you can experience the sweet, fresh flavor of world-renowned Maine lobster right at your own dinner table. There are four options to choose from, each at […]
Nothing is more frustrating than needing to edit or sign a PDF and not having access to the original document. That’s why PDFpenPRO is a must-have app in our books.With this extremely useful app, you can merge, markup, and create PDF documents without ever having to convert your PDFs into word processor file formats. Type directly onto […]
From self-driving cars to stock market predicting software to the recommendations you get on Amazon and Netflix, machine learning is at the core of modern technology. You could find yourself building technology that is literally changing the world with the skills you’ll learn in The Complete Machine Learning Bundle. This bundle of 10 courses includes 406 lessons that will teach […]