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  1. #1
    phony collective progress x136's Avatar
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    Stupid arrogant corporations.

    So I'm looking at the tracking page for some bike parts I ordered, and I notice this note at the bottom of the page:

    UPS, UPS brandmark, and the Color Brown are trademarks of United Parcel Service of America, Inc. All Rights Reserved.
    The color brown?! They trademarked a color? Successfully? Ugh.

    I think tomorrow, in honor of Talk Like A Pirate Day, we should have a good, old-fashioned keelhauling. The jackass marketing dweeb that came up with the idea and the schmuck at the USPTO that accepted the application would be a good start.

    In the meantime, it's flagrant trademark infringement time!


    brownbrownbrownbrownbrownbrownbrownbrownbrown

  2. #2
    J3L 2404 gbcb's Avatar
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    You need to find out the *specific* brown that they use, because it's probably very clearly defined. In UPS's defence, they have probably only trademarked the use of that specific brown under specific circumstances. Or maybe not... that could be why Surly doesn't offer Skidmark Brown any more.

    Edit: Except, I guess Surly *does* still offer Skidmark Brown. Go Surly!

  3. #3
    Banned. timmyquest's Avatar
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    It's actually more common then you may think.

  4. #4
    phony collective progress x136's Avatar
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    Quote Originally Posted by timmyquest View Post
    It's actually more common then you may think.
    There is no doubt in my mind that more idiotic things than colors have been trademarked, patented, and copyrighted.

    But this is still pretty stupid.

  5. #5
    Banned. timmyquest's Avatar
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    Quote Originally Posted by x136 View Post
    There is no doubt in my mind that more idiotic things than colors have been trademarked, patented, and copyrighted.

    But this is still pretty stupid.
    I'm specifically referring to color.

  6. #6
    Senior Member edp773's Avatar
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    Pullman Brown[citation needed] is the color of the United Parcel Service (UPS) delivery company with their trademark brown trucks and uniforms. UPS is a trademark of UPS. In its advertising, UPS refers to itself as "Brown" ("What can Brown do for you?").

    The color UPS Brown is trademark, which prevents other delivery companies from using it as part of their brand.


    Wikipedia

    Skidmarks are brown too; Anyone want to trademark those?
    Born Again Bicyclist! I found my Faith.

    Giant Cypress, GF Wahoo, Trek 7.3FX, Schwinn Sprint

  7. #7
    Car(e) Free! koine2002's Avatar
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    Quote Originally Posted by Joseph DeMartino at hometheatreforum.com
    A trademark only affects certain uses of a particular item. UPS, has established the color brown as part of its identity over a long period of time. Recently it has begun making "brown" a synonym for the company itself ("What can Brown [UPS] do for you?") So it would have reason to be concerned about small independent companies painting their trucks brown and putting their personnel in brown uniforms in the hope of confusing the public. It isn't like the trademark applies outside of the area of advertising and competing in the shipping businesses, so, No, UPS has not actually trademarked "Brown" anymore than Trump tried to trademark the phrase, "You're fired!" or Wal-Mart trademarked all uses of the word "Always!"
    Apparently the TM is still pending since there is another trucking company that has registered the name.
    "There is hardly a man or woman who dares to be just what he or she is without doctoring up the impression." --A.W. Tozer

  8. #8
    ÖöÖöÖöÖöÖö Dannihilator's Avatar
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    I have blue trademarked.
    Strike like an eagle and sacrifice the dove.
    Words and Stuff.

  9. #9
    Hey guyz? Guyz? Wait up!! Siu Blue Wind's Avatar
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    I thought that was Raiyn.
    Quote Originally Posted by Buddha
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    Quote Originally Posted by making View Post
    Please dont outsmart the censor. That is a very expensive censor and every time one of you guys outsmart it it makes someone at the home office feel bad. We dont wanna do that. So dont cleverly disguise bad words.

  10. #10
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    Some years ago Harley Davidson lost a battle with the USPTO to use the "sound" of a Harley as a trademark. It was denied saying that a sound can not trademarked.

    Now, being from Tampa, and everyone knows Tampa is the Pirate Capital of the US, all I have to say is ...Arrrrgg Matey! <with patch over right eye>

  11. #11
    Je pose, donc je suis. gcl8a's Avatar
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    Quote Originally Posted by koine2002 View Post
    Apparently the TM is still pending since there is another trucking company that has registered the name.
    I wonder if I can get a trademark for the little "TM". Now that could be worth a forture.

  12. #12
    Non Tribuo Anus Rodentum and off to the next adventure (RIP) Stacey's Avatar
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    Quote Originally Posted by koine2002 View Post
    Apparently the TM is still pending since there is another trucking company that has registered the name.
    Yep, Brown Trucking in Georgia. It's the dudes last name too/

  13. #13
    No Rocket Surgeon eubi's Avatar
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    Quote Originally Posted by wfin2004 View Post
    Some years ago Harley Davidson lost a battle with the USPTO to use the "sound" of a Harley as a trademark. It was denied saying that a sound can not trademarked.
    Interesting, but it can probably be copyrighted...just like a song.

    In shipping departments, if they don't care what company is used to ship the parts, they write "Best Way" on the shipping order.

    So..we have a trucking company in LA called...you guessed it..."Best Way"!

    I suppose this can work against you, too...

    "Why is it when they move stuff by ship it's call cargo, and when they move it by truck it's called a shipment?" - Gallagher
    Last edited by eubi; 09-20-07 at 05:58 AM.
    Fewer Cars, more handlebars!

  14. #14
    Non Tribuo Anus Rodentum and off to the next adventure (RIP) Stacey's Avatar
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    Quote Originally Posted by eubi View Post
    I suppose this can work against you, too...

    "Why is it when they move stuff by boat it's call a cargo, and when they move it by truck it's called shipment?" - Gallagher
    Fixed it for you.

  15. #15
    You Know!? For Kids! jsharr's Avatar
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    I have copyright laws for X136. You will be hearing from my solicitors.

    Good Day Sir!

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    Quote Originally Posted by colorider View Post
    Phobias are for irrational fears. Fear of junk ripping badgers is perfectly rational. Those things are nasty.

  16. #16
    J E R S E Y S B E S T Jerseysbest's Avatar
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    Yea, lot of companies do that, ever hear of Coke Red?
    Quote Originally Posted by SingingSabre View Post
    Cheating: a symptom of the problem.

  17. #17
    But on the road more MTBLover's Avatar
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    Well, we can patent genes (yes, we can!), so why not colors?

  18. #18
    On my TARDIScycle! KingTermite's Avatar
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    I'm all with you on this one. This has been on my radar for a few years now.

    Microsoft uses all these normal words for their software products and then trademarks the names so they can't be used in other software products (or who knows what else).
    Windows and Explorer I know are trademarked names. We developed an explorer like control one time at my work and could not use the word "Explorer" in it. We had to call it a "File Navigator" so we didn't infringe on M$ trademark on the word "Explorer".
    Quote Originally Posted by coffeecake View Post
    - it's pretty well established that Hitler was an *******.

  19. #19
    Gears? CliftonGK1's Avatar
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    Quote Originally Posted by x136 View Post
    The color brown?! They trademarked a color? Successfully? Ugh.
    The company I work for has trademarked a colour, too. Realize, that trademarking a colour doesn't mean that no one else in the world can use it. It means that for the specific contexts for which you've trademarked it, no one else can use it. (Like no other cola cans use Coca-Cola's specific shade of red. They're close, but not dead-on.)
    In the case of UPS, that would mean: trucks, uniforms, advertising, etc. having to do with parcel delivery. I'm betting that if you owned a candy company, and used UPS Brown as a wrapper colour for chocolate bars, there would be very little argument against it.
    There's plenty of other companies that use our trademarked shade of green. There aren't any other biotech companies that manufacture immunofluorescent assays using this particular shade of green to advertise their products.
    "I feel like my world was classier before I found cyclocross."
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  20. #20
    phony collective progress x136's Avatar
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    Quote Originally Posted by CliftonGK1 View Post
    (Like no other cola cans use Coca-Cola's specific shade of red. They're close, but not dead-on.)
    I was thinking of this exact example this morning. While I'm sure UPS and Coca-Cola (and others) had to at least specify an exact shade of "their" respective colors, color is a subjective thing. At least subjective enough for UPS/Coca-Cola's vast empire of lawyers to crush, kill, and destroy whatever smaller company they set their eyes on. Most likely using the "You're confusing our customers!" argument. Because they apparently think so little of their apparently idiotic customers, that they think they'd be confused if Bob's Discount Box Sendin' happened to use generic brown trucks.

  21. #21
    phony collective progress x136's Avatar
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    Quote Originally Posted by KingTermite View Post
    We developed an explorer like control one time at my work and could not use the word "Explorer" in it. We had to call it a "File Navigator" so we didn't infringe on M$ trademark on the word "Explorer".
    Perhaps you didn't think that one through all the way...

    Yeah, I realize that Microsoft has a lot more smooshing power than whatever little is left of Netscape, but that's the thing. Microsoft has the money and the power to do pretty much as it pleases, whereas if Microsoft trampled on some smaller company's property, boo hoo to them. Here's a million bucks, **** off.

  22. #22
    On my TARDIScycle! KingTermite's Avatar
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    Quote Originally Posted by x136 View Post
    Perhaps you didn't think that one through all the way...
    Maybe its ok as it is not a browser. It's control that gives similar functionality as the Windows Explorer (not Internet Explorer).
    Quote Originally Posted by coffeecake View Post
    - it's pretty well established that Hitler was an *******.

  23. #23
    phony collective progress x136's Avatar
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    Oh, right, Windows Explorer. I forgot that Microsoft isn't even clever enough to come up with different generic, everyday terms to trademark for vastly different tasks. They just cover this up by making one application do both things...

  24. #24
    On my TARDIScycle! KingTermite's Avatar
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    Quote Originally Posted by x136 View Post
    Oh, right, Windows Explorer. I forgot that Microsoft isn't even clever enough to come up with different generic, everyday terms to trademark for vastly different tasks. They just cover this up by making one application do both things...
    Exactly!

    They probably want less names for people to remember so they know which "names" to "BUY".
    Quote Originally Posted by coffeecake View Post
    - it's pretty well established that Hitler was an *******.

  25. #25
    Non Tribuo Anus Rodentum and off to the next adventure (RIP) Stacey's Avatar
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    Quote Originally Posted by Jerseysbest View Post
    Yea, lot of companies do that, ever hear of Coke Red?
    That's a nasal condition, right?

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