this post was submitted on 16 Aug 2023
318 points (96.0% liked)

Technology

58061 readers
31 users here now

This is a most excellent place for technology news and articles.


Our Rules


  1. Follow the lemmy.world rules.
  2. Only tech related content.
  3. Be excellent to each another!
  4. Mod approved content bots can post up to 10 articles per day.
  5. Threads asking for personal tech support may be deleted.
  6. Politics threads may be removed.
  7. No memes allowed as posts, OK to post as comments.
  8. Only approved bots from the list below, to ask if your bot can be added please contact us.
  9. Check for duplicates before posting, duplicates may be removed

Approved Bots


founded 1 year ago
MODERATORS
 

PornHub owner MindGeek is threatening a kebab shop in NYC with trademark infringement::If you’ve been listening to the Vergecast you know the standard for trademark infringement is “likelihood of confusion,” and while it’s true the Hub is known for ⚫️🟠, something tells me the folks walking into Doner Haus aren’t confused about what’s on the menu. Full story in Chelsea News, a hyperlocal NYC news site, via Verge pal Alexandra Roberts.

all 50 comments
sorted by: hot top controversial new old
[–] [email protected] 85 points 1 year ago (3 children)

Trademark's a weird one, if you don't defend it you lose it. So it's kind of a lose-lose situation from the trademarkers position. They have to pursue or they lose their trademark which they value

[–] [email protected] 50 points 1 year ago* (last edited 1 year ago) (3 children)

Removed as a protest against the community's support for campaigns to bring about the deaths of members of marginalized groups, and opposition to private entities working to prevent such campaigns, together with it's mindless flaming and downvoting of anyone who disagrees.

[–] [email protected] 14 points 1 year ago

Idk the combination of the white text followed by black text within an orange rounded rectangle logo when paired with tag lines like 'get stuffed' might lead people to think it's a subsidiary or something similar.

A place known for it's sausages and a restaurant may seem like a strange business partnership but stranger things have happened.

[–] [email protected] 6 points 1 year ago (1 children)

Yeah but if you don't sue, a legitimate infringer in the future might use not enforcing on the trademark there to argue there own case. Trademark law really doesn't leave trademark holders in a good position. Though I imagine that a lawsuit when those laws were written weren't nearly as prohibitively expensive.

[–] [email protected] 8 points 1 year ago* (last edited 1 year ago)

Removed as a protest against the community's support for campaigns to bring about the deaths of members of marginalized groups, and opposition to private entities working to prevent such campaigns, together with it's mindless flaming and downvoting of anyone who disagrees.

[–] [email protected] 1 points 1 year ago

Pretty sure it would have to be determined in a court of law that an infringement occurred in the first place.

[–] [email protected] 27 points 1 year ago

I mean, if they don't care about the actual usage, they could licence it for a buck or something

[–] [email protected] 10 points 1 year ago* (last edited 1 year ago) (2 children)

As a non-American, US intellectual property law feels absolutely ridiculous to me sometimes. It feels like it incentivizes all the wrong behaviours.

[–] [email protected] 3 points 1 year ago

It's hard to balance but it prevents trademark squatters from existing like in the domain name space

[–] [email protected] 1 points 1 year ago

As a US Citizen I agree. We also let corporations lobby to make the rules have no relation to what they were set up for.

Copyright for instance was supposed to allow people to use novel work in the open without getting copied for a short period of time before it became public domain. Now Copyright is nearly perpetual, it keeps getting extended when a certain mouse is close to losing their copyright.

[–] [email protected] 46 points 1 year ago (3 children)

They think this is bad, there's a seafood van near my local pub called "Prawn Hub" with the same logo design.

[–] [email protected] 19 points 1 year ago (2 children)

We have a butcher near us called Pork Hub also with the same logo

[–] [email protected] 3 points 1 year ago

Cars around me all seem to be sporting bream hub bumper stickers

[–] [email protected] 2 points 1 year ago

And we've got a nearby car dealership called CarHub with the same logo design as well. Doesn't even sound close though.

[–] [email protected] 10 points 1 year ago (1 children)

😂 I get why PornHub needs to defend it's TM, but that is hilarious and if I owned PornHub I would consider that free advertising.

[–] [email protected] 3 points 1 year ago

I'm not defending PornHub hear, but sometimes you don't want to leave associatable stuff up simply because you font know if they might do something stupid and harm their brand. Like if it turned out heavy sexual harassment/assault was happening at PrawnHub and it gets found out; now people might associate that with PornHub, especially with the sexual aspect.

[–] [email protected] 2 points 1 year ago

Yep, there is a vendor that shows up to farmers' markets here called "CornHub" with the same design.

[–] [email protected] 28 points 1 year ago (2 children)

I just texted my brother who lives in NYC to visit it before they’re forced to change it lol. I also told him I want a review because I’ve never had German kebabs before. I will follow up with the review and maybe pics later.

[–] [email protected] 17 points 1 year ago (1 children)

German döner are actually Turkish. Germany has a massive Turkish population. It's so large they have areas in some cities that are primarily Turkish. Even the Turkish president broadcasts to the German Turkish community at times as he knows how influential they are.

All this to say, a German döner is a Turkish one, albeit probably adjusted to German tastes.

Have I had one? Yes, many. Are they good? Definitely.

However, I like the Australian variety just as much, but they are definitely same same different.

[–] [email protected] 16 points 1 year ago (2 children)

That is only partly true. The Döner Kebab was invented in Berlin (by a guy with Turkish origen). Due to the high Turkish population in Germany there are tons of Döner Shops and it is actually much easier to find a Döner in Germany than in Turkey.

[–] [email protected] 8 points 1 year ago (1 children)

It is also where the best Döner is found. The Picture of this NYC Kebab did not make me want to get one. Looked way too thin and i dont get the packaging. I want my Kebab to be rolled into alumium foil and it needs to have sexy curves because of how stuffed the Döner is.

Excuse me, i have go get one right now.

[–] [email protected] 2 points 1 year ago

Ahhh jealous! Nice. Have a bite for me!

[–] [email protected] 1 points 1 year ago

Excellent. Thanks for the extra info.

[–] [email protected] 2 points 1 year ago

Likely wont be forced to change.

[–] [email protected] 27 points 1 year ago* (last edited 1 year ago) (1 children)

My guess is that this is going to go the same way as McDonalds v everything with the letters M(a)c, and Starbucks v Sattar Buksh

[–] [email protected] 2 points 1 year ago

I read way too much of that article

[–] [email protected] 16 points 1 year ago (1 children)

“Restaurant selling badly-packed-kebabs, is sued by content host showing videos of badly-packed-kebabs” The irony…

[–] [email protected] 4 points 1 year ago

You forgot to include "stepsister" in the description.

[–] [email protected] 13 points 1 year ago

Screenshot_2023-08-16-22-31-52-95_3d9111e2d3171bf4882369f490c087b4 Ive seen plenty of them

[–] [email protected] 11 points 1 year ago

Well, with the picture cut off at first I thought it said "boner haus."

[–] [email protected] 11 points 1 year ago (2 children)

A trademark is always connected to the specific goods or services sold to customers with that trademark. You can’t register a word, phrase, symbol, or design as a trademark without specifically identifying the goods or services being used. Your trademark isn’t limited to one good or service. It can be used with many different goods or services, and include both goods and services.

Although the determination of whether you have goods or services can be confusing, it’s critical that you make the correct identification. Think about it this way: What do customers purchase from you? An actual physical product that bears your trademark? Or do they hire you to perform an activity for them? If it’s products, you have goods. If it’s activities, you have services.

For example, a registered trademark for the name A Good YarnTM for a bookstore would prevent another company from registering the name A Good YarnTM for another bookstore.

By being specific about the goods or services your trademark represents in your registration, you clearly identify the scope of use. You can legally prevent others from using the same or a similar trademark for related goods or services without your permission. Applying for more goods or services than you currently use, or intend to use, is likely to cause your application to be denied. We may inquire as to whether the identification you select accurately identifies your goods or services.

https://www.uspto.gov/trademarks/basics/scope-protection

[–] [email protected] 6 points 1 year ago (1 children)

It's not quiet so cut and dry. The law is written to cover 90% but this isn't a criminal matter, it's a civil one, and civil suits are always decided in courtrooms. If I created a weed dispensary and called it Instant Pot and stylized my logo like that of a popular countertop pressure cooker they'd be well within their rights to sue despite being wildly different industries.

[–] [email protected] 4 points 1 year ago

Reminds me how McDonald's lost their Big Mac trademark in the EU.

They had registered it as a restaurant name among others. So the EUIPO invalidated their big mac trademark, when they tried to get a restaurant chain called Supermac to change name. https://www.forbes.com/sites/ceciliarodriguez/2019/01/16/how-mcdonalds-lost-its-big-mac-in-europe/

It appears that the trademark was at least partly restored earlier this year, but I am not sure. I'm no trademark lawyer.

[–] [email protected] 11 points 1 year ago* (last edited 1 year ago) (1 children)

Well... You're looking for flesh in both places so 🤷‍♂️

[–] [email protected] 4 points 1 year ago

BönerHaus?

[–] [email protected] 8 points 1 year ago

Damn I knew verge was shit but they're just linking to other sites articles and presenting it as a tweet?

[–] [email protected] 7 points 1 year ago (4 children)

All I'm getting out of this is it's potentially possible to get doner kebab in the US, and I should take a trip to New York

[–] [email protected] 3 points 1 year ago

There's tons of good doner kebab in the US, and you don't need to go to NY to get it. Sorry it's not in your area, though! That's a huge bummer.

[–] [email protected] 2 points 1 year ago

They have a lot of gyros that aren't gyros and are actually turks doing kebabs so there might be more than you think

[–] [email protected] 1 points 1 year ago (1 children)

There's a place in Dallas with döner kebab in the name.

[–] [email protected] 1 points 1 year ago

Yeah, but is it comparable to German doner kebab?

There's ten places with that in the name where I live, and all of them are pretending to be doner kebab

[–] [email protected] 1 points 1 year ago (1 children)

We used to have a pretty good German street food restaurant in Fresno of all places. They had a pretty awesome döner. Unfortunately that only lasted like 2 years before closing.

[–] [email protected] 3 points 1 year ago

I live in a doner desert. I mean, there are places that CLAIM to have doner kebab around here, but they have apparently never been to Germany. There's something so perfect about Turkish food with heavy German influence that I haven't been able to find anywhere outside of Germany.

I'm glad you had two years of joy in Fresno, but sorry about the closure

[–] [email protected] 6 points 1 year ago

"Come get stuffed"? "Big Doner Energy"?

Cmon

Mindgeek is within their rights

[–] [email protected] 4 points 1 year ago

It's dumb but this is how trademarks work in America. If PH didn't do this then someone else could use this to show that they don't care about their trademark anymore. If PH isn't a dick they will let the kebab shop use it for a nominal licensing fee or let them change it over some period of time without fighting them too much.

[–] [email protected] 4 points 1 year ago

Wait until they see "Smoke Hub" in Bakersfield, CA.

It's literally the porn hub logo.

[–] [email protected] 3 points 1 year ago

There is a gas station in Iowa that uses the same logo. I think it's called like 1Nine or something like that.