XaiJu
heatherbeck
heatherbeck

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Stupid Intellectual Property

"Trademark Rule 2.72, 37 C.F.R §2.72 establishes the basis for what constitutes material alteration. This rule was established in the 1983 case of Visa International Service Association v. Life-Code Systems, Inc. If the modified mark contains the "essence" of the original mark, material alteration has occurred. The basic change that occurs is small enough that it creates the same commercial impression. Alteration in this manner is copyright infringement."

ISN'T THAT FUN?! And sexy, too!

I haven't really brought this up yet, but as Mel Brooks said in Spaceballs, "Merchandising!"

Nah, not really. But, I've been making some T-shirts — things that I have for sale on teespring, one of those sites that does on-demand apparel. If it works, great; if not, that's cool too. The main idea I have is that it's a fun, creative outlet to have at my disposal if need be (and I get shirts for me at cost). As it gets going, I'll see what I can do with my ultra-limited graphic design skills, but who knows? I'm getting into visual art a little bit more, so maybe some duds with original artwork by yours truly? 

If anyone has any suggestions of Heather-based stuff they'd like to see on a T-shirt, let me know! :-)

But, back to now. 

It was pretty quiet. I got reminded of a fun design that has entered the cultural zeitgeist, and decided to fiddle around a little bit, until I came around to the image above. And I'm really happy with how it turned out!

The thing is, it wasn't until I was done with the design that a thought crossed my mind. CBGB & OMFUG was a legendary music bar in New York that closed down in 2006. Back in its heyday, it was where all the underground music got played, and it was one of the birthplaces of New Wave and Punk as we know it. The bar is gone now, but... does someone still own the trademark? Turns out, they do. It's this one, if you're wondering.


Fun stuff (property of Epic Rights Inc.).

So... Buuuut... if I change the wording, that should be cool, right? 

Ehhh, no. A little more Googling, and I discovered that, no, that's not cool either. I'm no attorney, but it doesn't take too much to figure out that my version of the image above  "creates the same commercial impression" as the original. Aw, drat.

I'll share my version here: it's a fun little thing that I created in an hour during a random afternoon, and, alas, I don't have any intention of selling it for any commercial gain. I shall relegate it, instead, to the realm of artistic satire and as a loving tribute to a cool brand of the past. So, this one goes the way of the dodo. 

For now, I'm sure a great many of you might be wondering, however... what do these letters stand for?

The full name of the original bar was "Country, Bluegrass, Blues and Other Music for Uplifting Gormandizers."

The intent for my interpretation? 

I'll leave that for the comments section. ;-)

Stupid Intellectual Property Stupid Intellectual Property

Comments

I only sent that once. Really.

martin allen

Yeah, it looks like a pretty unique font, created just for CBGB's. There are many like that--the 'Star Trek' font is one, the most famous is the Coca-cola font, and yes, they own the design on all 26 letters of the alphabet, something a certain bunch of Bible-thumpers found out the hard way when they tried marketing shirts that read ''Jesus Christ--The Real Thing''-trying to steal the font and the slogan. It wasn't long before they got a cease and desist order.

martin allen

Yeah, it looks like a pretty unique font, created just for CBGB's. There are many like that--the 'Star Trek' font is one, the most famous is the Coca-cola font, and yes, they own the design on all 26 letters of the alphabet, something a certain bunch of Bible-thumpers found out the hard way when they tried marketing shirts that read ''Jesus Christ--The Real Thing''-trying to steal the font and the slogan. It wasn't long before they got a cease and desist order.

martin allen

Reminds me of the beer olympics song : "Lawyers for the International Olympic Committee have demanded The Lancashire Hotpots either rename the song or stop using it - claiming it is a breach of trademark. The Lancashire Hotpots, from Merseyside, were threatened with legal action from the IOC for breaching trademark The band, of St Helens, Merseyside, told fans: “They tell us to cease and desist. “It’s nice to see them finally catch up with a song we first released in 2008. "So, not wishing to get into any massive legal trouble (we can’t pay for that and the ale) we have decided to re-title the song to see if that gets the legal bigwigs off our backs.” The band took to Facebook to say they would be complying with the IOC as they couldn't afford legal fees since they needed the money for ale The song has now been renamed on the Lancashire Hotpots' YouTube channel The song has now jokingly been renamed The Beer International Non-Profit Non-Governmental Sporting Quad Yearly Event" I like the new name better tbh

Tawbiky


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