Telltale Games

**puzzlebox** · 05/18/2010, 09:25 am

You're a lawyery-type person, aren't you Wap? Thanks for the explanation! It makes a lot more sense if the aim is legal protection of the trademark rather than trying to stop generic use of that trademark in everyday speech in any realistic way.

I was under the impression that Microsoft actually wants "Bing" to become a verb. I heard it used on some TV show (as in, "Why don't you Bing it?"), and assumed it had to be product placement because it was so jarring. No one says "Bing it". I think they showed the webpage too. Would a company court common usage like that for the exposure, then whack up some legal stuff to the contrary to ensure the trademark remains protected?

Psy · 05/18/2010, 09:28 am

Quote:

Originally Posted by puzzlebox

Haha, that's ridiculous. Trying to control language? You'd have better luck trying to control an avalanche of cats.

To be fair, have you ever *tried* to control an avalanche of cats?

Rather Dashing · 05/18/2010, 09:29 am

Quote:

Originally Posted by Psy

To be fair, have you ever *tried* to control an avalanche of cats?

Wouldn't you be able to divert it with a ditch filled with mice or some sort of yarn-based solution?

SHODANFreeman · 05/18/2010, 09:40 am

Quote:

Originally Posted by Rather Dashing

Wouldn't you be able to divert it with a ditch filled with mice or some sort of yarn-based solution?

I think a giant canister of canned air combined with an enormous vacuum cleaner would be the most reliable way to divert it.

Rather Dashing · 05/18/2010, 09:43 am

We could also try some sort of equivalent attack dog force, though that solution may be somewhat messy.

**puzzlebox** · 05/18/2010, 09:52 am

Quote:

Originally Posted by Psy

To be fair, have you ever *tried* to control an avalanche of cats?

Psy totally called me out... I feel like such a poseur.

Wapcaplet · 05/18/2010, 09:57 am

Quote:

Originally Posted by puzzlebox

You're a lawyery-type person, aren't you Wap?

Yup. My last two years of law school were focused on intellectual property law (patent/trademark/copyright/unfair trade). I had originally wanted to be a patent attorney -- the problem was that you need an engineering or scientific bachelors degree to take the US patent bar exam, and I was a politicial science & sociology double-major. Oops. :-/

Quote:

Originally Posted by puzzlebox

I was under the impression that Microsoft actually wants "Bing" to become a verb. I heard it used on some TV show (as in, "Why don't you Bing it?"), and assumed it had to be product placement because it was so jarring. No one says "Bing it". I think they showed the webpage too. Would a company court common usage like that for the exposure, then whack up some legal stuff to the contrary to ensure the trademark remains protected?

Yup, I think you're right, though Microsoft is being a bit too blatant about it for my tastes. That's exactly the sort of evidence you would use to show that Microsoft failed to protect its rights in the mark. And yes, Microsoft is being sued for trademark infringement. The Bing trademark application hasn't been approved yet by the USPTO, either, and at least two companies have filed oppositions to Microsoft's application, claiming they used the term "bing" first.

Google, of course, is now actively protecting its mark even though Larry Page, one of Google's founders, has used the phrase "keep googling" in the distant past.

Alcoremortis · 05/18/2010, 11:11 pm

Quote:

Originally Posted by puzzlebox

Psy totally called me out... I feel like such a poseur.

Well, you could always test out your hypothesis...with science!

Let's see, who on the forum has a large number of cats...

plrichard · 05/19/2010, 01:21 pm

Quote:

Originally Posted by Pale Man

I think a giant canister of canned air combined with an enormous vacuum cleaner would be the most reliable way to divert it.

Laser pointers, tons of them. Cats love them and would follow them over a cliff if necessary (not that I would want that, I love cats).

Fury · 05/19/2010, 01:51 pm

Jack Black surprised me. His favourite game of all time was Psychonauts.

I'm guessing now it's Brutal Legend though...

**Jake** · 05/19/2010, 02:13 pm

Xerox ran a series of ads in various magazines and journalism trades a couple years ago, about how they don't want writers using "Xerox" the way one uses "zipper" or "aspirin," as examples of trademarked names being unprotected enough that they are lost.

Wapcaplet · 05/19/2010, 02:31 pm

Quote:

Originally Posted by Jake

Xerox ran a series of ads in various magazines and journalism trades a couple years ago, about how they don't want writers using "Xerox" the way one uses "zipper" or "aspirin," as examples of trademarked names being unprotected enough that they are lost.

Wow, that attorney actually got something wrong in his "Do's" column! You don't need to register a mark with the USPTO to use "TM" or "SM" with the mark. The "®" symbol is the only one used to indicate a mark has been registered.

That's probably enough legal pedantry for now.

Avistew · 05/19/2010, 02:43 pm

Quote:

Originally Posted by plrichard

Laser pointers, tons of them. Cats love them and would follow them over a cliff if necessary (not that I would want that, I love cats).

I think we'd need an assortment. For instance, among my two cats, one goes for the 2D stuff (laser pointers, shadows..) but couldn't care less for 3D stuff, and the other doesn't care at all about 2D stuff but anything 3D (ball of paper, yarn, robe belt) will get him all worked up.

So I think we need to create shadows on the left and throw crumpled paper on the right or something. This way they'll go one way or the other and we'll be fine in the middle.

SHODANFreeman · 05/19/2010, 03:28 pm

Quote:

Originally Posted by Avistew

I think we'd need an assortment. For instance, among my two cats, one goes for the 2D stuff (laser pointers, shadows..) but couldn't care less for 3D stuff, and the other doesn't care at all about 2D stuff but anything 3D (ball of paper, yarn, robe belt) will get him all worked up.

Oh no, I smell a 2D vs 3D war brewing.

plrichard · 05/19/2010, 05:25 pm

Quote:

Originally Posted by Pale Man

Oh no, I smell a 2D vs 3D war brewing.

No, no, I can be peaceable about this. Avistew is probably correct, cats are fickle creatures, they're also better than all of us and they know it. It's gonna take this whole forum to stop that avalanche! Who will help?!

Avistew · 05/19/2010, 05:32 pm

I have to be honest, I still don't get why we'd want to stop an avalanche of cats.

plrichard · 05/19/2010, 05:36 pm

Quote:

Originally Posted by Avistew

I have to be honest, I still don't get why we'd want to stop an avalanche of cats.

To save them of course. If the cats are avalanche-ing, then it's clear that they won't be able to survive. Also, how could we play with them if they were avalanche-ing?

Alcoremortis · 05/19/2010, 07:10 pm

I think that the solution to the cat avalanche should definitely include copious amounts of Jell-O (R).

This is the only way I can contribute to both conversations.

MusicallyInspired · 05/19/2010, 07:54 pm

I couldn't resist.

Rather Dashing · 05/19/2010, 08:18 pm

Wait, so we aren't trying to grind the cats into a fine paste? Because I thought we were going to make cat paste as a revolutionary new sandwich spread. If that's not the plan, I'm out.

05/19/2010, 07:10 pm	#38
Alcoremortis Lonely Ruffian Join Date: Jul 2009 Location: Ankh-Morpork PD Status: Killjoy Extraordinaire Actual Posts: Lots! Posts: 4,231	I think that the solution to the cat avalanche should definitely include copious amounts of Jell-O (R). This is the only way I can contribute to both conversations. __________________ ETERNAL QUEEN OF HALLOWEEN STATUS CONFERRED. ~ Comrade Pants How can we be sure that Alcoremortis isn't just Comrade Pants trollplaying as a girl? ~ GuruGuru214 You're a shiny bright star; floating amongst a million slimy slugs in a sea of sludge. You transcend the pre-conceived and supposed limits of the human race, to emerge from the pit of pitiful maggots as a beautiful, majestic butterfly. ~ Davies The suspence of what's gonna come after death is killing me! ~ Jon NA Are you a secret Plaster Princess or something? ~ Secret Fawful

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05/18/2010, 09:25 am	#21
puzzlebox Telltale Team Join Date: Sep 2009 Posts: 3,679	You're a lawyery-type person, aren't you Wap? Thanks for the explanation! It makes a lot more sense if the aim is legal protection of the trademark rather than trying to stop generic use of that trademark in everyday speech in any realistic way. I was under the impression that Microsoft actually wants "Bing" to become a verb. I heard it used on some TV show (as in, "Why don't you Bing it?"), and assumed it had to be product placement because it was so jarring. No one says "Bing it". I think they showed the webpage too. Would a company court common usage like that for the exposure, then whack up some legal stuff to the contrary to ensure the trademark remains protected?

05/18/2010, 09:43 am	#25
Rather Dashing Throw Baby Join Date: Jun 2008 Posts: 7,813	We could also try some sort of equivalent attack dog force, though that solution may be somewhat messy.

05/19/2010, 01:51 pm	#30
Fury Banned Join Date: Jun 2009 Location: Homeless (until I get a new car) Posts: 1,363	Jack Black surprised me. His favourite game of all time was Psychonauts. I'm guessing now it's Brutal Legend though...

05/19/2010, 02:13 pm	#31
Jake Telltale Team Join Date: Mar 2005 Location: San Francisco, CA Posts: 5,843	Xerox ran a series of ads in various magazines and journalism trades a couple years ago, about how they don't want writers using "Xerox" the way one uses "zipper" or "aspirin," as examples of trademarked names being unprotected enough that they are lost.

05/19/2010, 05:32 pm	#36
Avistew I<3>1 Join Date: Jun 2009 Location: France Posts: 5,051	I have to be honest, I still don't get why we'd want to stop an avalanche of cats.

05/19/2010, 08:18 pm	#40
Rather Dashing Throw Baby Join Date: Jun 2008 Posts: 7,813	Wait, so we aren't trying to grind the cats into a fine paste? Because I thought we were going to make cat paste as a revolutionary new sandwich spread. If that's not the plan, I'm out.