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Old 09-07-2012, 09:18 PM   #1
Yanks_Todd
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I agree with this....

http://www.cnn.com/video/?hpt=hp_c2#...n-company.wcax


This industry should respect trademarks the same way we expect them to be respected. lame in my opinion.

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Old 09-07-2012, 09:29 PM   #2
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Ben and Jerry's are going to win this one
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Old 09-07-2012, 09:29 PM   #3
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Old 09-07-2012, 09:33 PM   #4
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Quote:
Originally Posted by Yanks_Todd View Post
http://www.cnn.com/video/?hpt=hp_c2#...n-company.wcax


This industry should respect trademarks the same way we expect them to be respected. lame in my opinion.

"A porn company has left ice cream giant Ben & Jerry's feeling cold by changing some of their flavors into movie titles."

Then...no parody ANYTHING?
No parody porn?
BRAZZERS can't do a scene spoof of the Kate Hudson / Owen Wilson movie "You, Me, And Dupree." and call it "You, Me, And Marcus"? {which I was in}
No Saturday Night Live?
No nothing of a parody/spoof of nature?

I don't think so!
Freedom of speech and parody/spoof laws ... the porn of isn't a "carbon copy of an ice cream product in stores"...it's a porn parody.
"BEN & CHERRY'S" with altered "flavors" as scene titles, is HILARIOUS...and a PARODY...

'Nuf said, and MY
Fitz

http://www.brazzers.com/scenes/view/...me-and-marcus/
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Old 09-07-2012, 09:34 PM   #5
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Ben and Jerry's are going to win this one
Maybe, maybe not...but if they do, it will REALLY set a bad precedent...
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Old 09-07-2012, 09:49 PM   #6
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Seems like a gray area - it's parody, but the parody is imitating a little too much I think. Should be an interesting case at least.
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Old 09-07-2012, 10:14 PM   #7
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Seems like a gray area - it's parody, but the parody is imitating a little too much I think. Should be an interesting case at least.
Ya...however, parody & spoofs of this nature, go WAY back...MAD Magazine...etc...and COUNTLESS other types.
Main "difference" here is the porn...but that ought to be irrelevant.
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Old 09-07-2012, 10:45 PM   #8
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Heh heh...I even wonder if THIS AIN'T FOX NEWS by HUSTLER will report on this?

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Old 09-08-2012, 12:44 AM   #9
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Trademark laws are not supposed to used because you don't like a parody. They are supposed to stop consumer confusion between an original product and a copycat.

Who are these idiots who can't tell the difference between ice cream and porn?

Besides Ben and Jerry I mean
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Old 09-08-2012, 04:09 AM   #10
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Trademark laws are not supposed to used because you don't like a parody. They are supposed to stop consumer confusion between an original product and a copycat.

Who are these idiots who can't tell the difference between ice cream and porn?

Besides Ben and Jerry I mean
Exactly. Believe me, I know this all too well. ;-)
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Old 09-08-2012, 04:17 AM   #11
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This would have much further reach than just porn.. If they lose the it would end most comedy parody's as well.
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Old 09-08-2012, 06:03 AM   #12
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Nobody on earth would mistake or confuse the two brands to think the ice cream company and porn studio are the same,
Worse than that for B&J they have flavors on the market like scweddy balls ice cream ... So a porn parody flavor isn't really damaging a wholesome reputation more than their own actual flavors.
It's not like someone is doing a porn parody of smiletrain starring 18 year old girls with cleft lips...

I don't see the added marketability of an ice cream flavor parody... But I don't see the harm to their brand either.
In fact, this lawsuit is probably much better for B&J marketing than if no parody were ever made.

First time they have been on CNN in a loooong time.

Just saying'
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Old 09-08-2012, 06:04 AM   #13
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Old 09-08-2012, 06:08 AM   #14
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Old 09-08-2012, 06:26 AM   #15
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Quote:
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Seems like a gray area - it's parody, but the parody is imitating a little too much I think. Should be an interesting case at least.
yeah, pretty much how I see it too
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Old 09-08-2012, 07:56 AM   #16
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This is going to be an expensive publicity stunt for Ben and Jerry ...

The legal exception of parody is precedented law ...
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Old 09-12-2012, 08:18 PM   #17
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Caballero Video folded ...

http://www.huffingtonpost.com/2012/0...n_1877271.html

Hmmm surprising
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Old 09-12-2012, 08:51 PM   #18
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So my statement wasn't so much directed in a legal sense, but rather one based on not pissing people off for no reason when you come from an already discriminated against industry. I mean does the Ben and Jerry's logo, look and feel make a great porn parody?

If yes. Really?

I think the Naked Gun series is a great parody of cop shows.

Scary movie is a great parody of horror flicks.

The Onion is a great parody of a news source.

Using Ben and Jerry's logo and brand in a parody fashion for people fucking is just lazy, lame, un-innovative and is the kind of shit that only brings bad publicity to this industry.

Try harder. Trust me it can be done.
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Old 09-12-2012, 08:55 PM   #19
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New ice cream flavor...
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Old 09-12-2012, 09:03 PM   #20
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Would have been interesting to have been a fly on the wall but there might have been no parody here -- just an opportunistic infringement -- the porn was not a parody of ice cream or Ben and Jerry's practices in the ice cream business.
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