What is Digg?125 Comments
- Proginoskes, on 10/12/2007, -0/+4Hah!
Anyone else notice how unfriendly their web site is to Google? There's nothing but a flash on the home page (which doesn't seem to work at all in Firefox with FlashBlock). There is no text, no metadata, nothing.
How about you stop bitching at people and help Google help your web site? - sosuke, on 10/12/2007, -1/+3http://www.bluecollardistro.com/reggieland/profile.php?mode=viewprofile&u=82
pagerank +1 - energyblue, on 10/12/2007, -0/+1The Username "FAMILYPANTS" is not infringting Trademark right.
The user is not using the name in a advertising manner nor is he trading using the name.
DOWN WITH FAMILYPANTS!!!!! - FullMetalMonkey, on 10/12/2007, -0/+1http://www.google.com/search?q=FamilyPants&start=0&ie=utf-8&oe=utf-8&client=firefox-a&rls=org.mozilla:en-US:official
It's Fourth down the page! WTF is their problem! - Darkelysium, on 10/12/2007, -0/+1Actually let them sue the guy. I spoke with one of my law professors this morning, he said the court will probably rule that the suit is a form of harassment. Like energyblue said above, as long as he is not using the name to advertise, or market a product in any form he has fair use of the above name. This would be comparable to trying to sue someone for saying to someone "I'm a regular Family Guy". Its just ridiculous what people will threaten legal action over these days
- saysaknow, on 10/12/2007, -1/+2Maybe "Familypants" is the guy's name and the website is making fun of him.
If that sounds ridiculous, so is violating trademarks with usernames. - Gnascher, on 10/12/2007, -0/+1FAMILYPANTS
FAMILY PANTS
FAMILYPANTS
Heee ... I'm infringing a Trademark.
Should be interesting to see where his google ratng ends up if people start sprinking the name all over the web. - MrMysterious, on 10/12/2007, -0/+1I wear the pants in my family. I'm suing both of the bastards.
- Mesach, on 10/12/2007, -0/+1If you have the money, take them to the carpet on this, and set a precident.
STOP ***** BULLYING PEOPLE INTO GETTING YOUR WAY! - chiapet, on 10/12/2007, -0/+1GOD I HOPE NOT (see my user name)
- Tullamore, on 10/12/2007, -0/+1familypants.com is the first in googles search results, is this just a lame advertising ploy>?
- inactive, on 10/12/2007, -0/+1Tell 'em to go fvck themselves.
- rayde, on 10/12/2007, -0/+1i digg, but only because i dig Reggie and the Full Effect
- welvis, on 10/12/2007, -0/+1Hey guys, thanks for the discussion, it's appreciated and that's why I posted the headline as a question. We have not and don't plan on responding to FamilyPants about this. We feel this is baseless but is an important digital rights issue. Also, to clarify, unless I'm misreading one of the comments, our site does not accept any sort of outside advertising. We host forums for bands for free and we have many, this is just one of them. As for FamilyPants threatening us as a way to icrease page rank, I doubt he expected this would end up on the front page of digg, but he certainly knows now.
- Kitsune818, on 10/12/2007, -0/+1You know, more than likely this page is going to end up with a higher rank than their own site :) I hate it when people think they have a right to sue because they are not on top of Google's search, as if it was some sort of right. I feel the same way about domains.. if you own it, it's yours.. of course it never works out that way. I had to abandon a domain because of legal pressure from a company with more money and time than me even though my site had nothing to do with theirs.. They were just mad because they weren't #1 on google.
By the way:
"I think it's just someone trying to flex nuts without thinking,"
I'm definately going to have to start calling someone "flex-nuts" now. LOL. - grapfx, on 10/12/2007, -0/+1My name is Family Pants, any of you guys use me as a username in a forum...I'll kill ya.
And I don't want anybody touching my stuff
what a douchebag. - brlewis, on 10/12/2007, -0/+1http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#7
- hometoast, on 10/12/2007, -0/+1I'm so creating a bunch of familypants related email boxes on my domain and sending them messages.
- WrecksTXP, on 10/12/2007, -0/+1Yay! I just registered as "FamilyPants.com" ....take that!!!
- Darkelysium, on 10/12/2007, -0/+1i take it you have never read section 107 of the copyright act regarding fair use livenomadic.
"(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantially of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work."
number four would apply only if the use had control over his placement in google's list. Since he does not he does not violate trademark nor infringe on the copyright. - Kitsune818, on 10/12/2007, -0/+1@livenomadic:
Actually, in this case, it is pretty clearly fair use, since the words are not being used to represent a product or service, which could possibly deceive the public into thinking the goods or services came from FamilyPants (the *****). The usage of the words familypants, here, is to denote a user, and a clear argument can be made that family and pants are both well known english words, and common practice in usernames is to truncate spaces.
No goods/services offered == no intent to deceive == fair use.
Do you think that calling unwanted commercial email spam is an infringement?
Stop being such a FamilyPants!! (lord, I hope that catches on.) - inactive, on 10/12/2007, -0/+0tademarks effect terms and logos
the law is very complex// you can use the logos in many places like education, comedy and news.
my question is what if i called myself walmart_president and went to various shopping boards trying to get people to asssume i AM the walmart president but never say directly. And i post some racially disperiging remarks that actually manages to dent their business .. would I be liable then? - hometoast, on 10/12/2007, -0/+0powercow: probably, a lot of the law is about intent.
- llbbl, on 10/12/2007, -0/+0Miserable Failure still returns George Bush's biography. :D
http://www.whitehouse.gov/president/gwbbio.html
+pagerank 1
Google Search:
http://www.google.com/search?hl=en&q=miserable+failure - WrecksTXP, on 10/12/2007, -0/+0I love it! Now Digg.com will come up in Google for FamilyPants! LOL
- DigitalJim2006, on 10/12/2007, -0/+0Someone really needs to put a stop to this *****! This type of stuff has gone way too far and I feel is fueled mostly by those money grubbing attorneys.
In fact, it must stop just as soon as I sue every business because I just successfully trademarked and patented the alphabet! That's correct - I now own all 26 letters of the alphabet(TM)(C2006) and any words that can be made from them. In fact, much like the RIAA and all the other MAFIA orgs I am now going to insist that all types of machines and electronics that use letters will pay me a royalty fee. There will be broadcast flags embedded in everything, including your speech centers and I will get a fee for it all. I will be a billionaire off Campbell's soup alone! I will buy and sell Jobs and Gates like so much chattel... Google will be purchased to index my money! AAHAHAhahahahaha!
My next goal... NUMBERS! (I need a nap) - Cambo, on 10/12/2007, -0/+0*****
- uWergo, on 10/12/2007, -0/+0wouldnt it be their fault for poor seo?
- MattZed, on 10/12/2007, -0/+0the ***** stops here.
- terrya64, on 10/12/2007, -0/+0I should have trademarked my online gameing name, using it since 1996 and then Blizzard uses it for the name of a sword in Diablo 2. All search engine references before Diablo 2 all linked to me.
- mercnboy3, on 10/12/2007, -0/+0Someone needs some serious SEO
digg += 1 - Namco, on 10/12/2007, -0/+0Using the trademark of an established company as your username is just wrong and people should know better!
- surfing, on 10/12/2007, -0/+0http://I.was.going.to.say.the.same.thing.qos.google.com/
- iBookG4, on 10/12/2007, -0/+0http://anythingworkshere.qos.google.com/
- KAMI_no_kodomo, on 10/12/2007, -0/+0"FAMILYPANTS
FAMILY PANTS
FAMILYPANTS
Heee ... I'm infringing a Trademark."
Lets all do it togeter and make this page comes before them in google. See how they react then. :P
(No i don't want to make digg in trubles. Since whe talk about FAMILYPANTS we may say the trademark so other people know we are talking about FAMILYPANTS.) - Red_Eye, on 10/12/2007, -0/+0They are probably mostly irked because of familypants avatar LOL That I cant understand!
- brosner, on 10/12/2007, -0/+0they are taking such the wrong approach. anyone can use the name familypants on any forum, they will be sending lots of e-mails. perhaps look at this by finding ways to improve your marketing abilities.
- TomP, on 10/12/2007, -0/+0Guess they can sue the NY Times :P
http://www.google.co.uk/search?hl=en&hs=59j&client=firefox-a&rls=org.mozilla:en-US:official&q=family+pants&spell=1
- Tom | http://www.tomwrote.info - Anonymously, on 10/12/2007, -0/+0The mark "Family Pants" was registered on December 23, 2003 in the USPTO for "Original on-line comic strip via the global computer network."
The registration number is 2799066. The owner is "Redl, David John." Learn2SearchtheUSPTO.
Because he operates an "on-line comic strip", there is a chance that a person could be confused by the use of "FamilyPants" on an on-line message board and believe that it is associated to the registered mark.
And because the user "FamilyPants" isn't using it to describe his goods or in any other manner discussed in Zatarian's, Inc. v. Oak Grove Smokehouse, Inc., 698 F.2d 786 (5th Cir. 1983), his/her use is not necessarily going to fall within a "fair use" exception. Moreover, it doesn't appear that the user is using it for criticism, parody, or what have you.
However, taking my devil's advocate hat off for a second, it seems to be a big stretch to see how this use _actually_ infringes the mark. - zizzybaloobah, on 10/12/2007, -0/+0pantaloni della famiglia
Familienhosen (my personal favorite)
pantalones de la familia
pantalon de famille
家族は喘ぐ
가족은 헐덕거린다
家庭裤子
amilyFayantsPay
Fubamubiluby Pubants
Pamily Fants
Mafily Napts
Stnap ylimaF
Amelie Plants
Worldwide Family Pants
Family Guy Pants
All in the Family Pants
The Addams Family Pants
The Patridge Family Pants
Family Pants Affair (They probably could all fit in Mr. French's family pants!) - welvis, on 10/12/2007, -0/+0In all seriousness, couldn't something like this threaten tagging? If someone posted a photo of their dog Pepsi to Flickr, and tagged it as such, and then it became popular, could Pepsi then threaten and sue that person? Could they sue Flickr? What if it was a photo of a generic soda can tagged as Pepsi? Is that violating the trademark by causing marketplace confusion? I'm very curious about this.
- hometoast, on 10/12/2007, -0/+0from butlershouse
whats to say this isnt astroturfing for the famlilypants show ?
---------
This isn't the kind of press you want to generate for yourself though.
Sincerely, Dan FamilyPants hometoast - penguindude15, on 10/12/2007, -0/+0They can't unless you are making money off of it
- Anonymously, on 10/12/2007, -0/+0"They can't [sue] unless you are making money off of it."
That's wrong. Liability for trademark infringement isn't based on whether you're making any money off of the infringing activities. It only impacts damages.
"§32 (15 U.S.C. §1114). Remedies; infringement; innocent infringers
(1) Any person who shall, without the consent of the registrant—
(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in ... connection with which such use is likely to cause confusion, or to cause mistake, or to deceive ...
shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive." - redcard, on 10/12/2007, -0/+0@hometoast
IN a few weeks, this will all be ancient history, but FamilyPants.com's page rank will be much higher from it. - inactive, on 10/12/2007, -0/+0question #1: does their trademark actually trademark the TERM, or a logo?
- dafuser, on 10/12/2007, -0/+0Just another of the never ending suits brought by a company or person with lawyers and money.They sue someone without their own lawyers or lots of cash and the little guy will have to fold up his tent because he/she can't afford court costs. Doesn't matter if the suit is valid or not. Money usually wins.
- azurefog, on 10/12/2007, -0/+0I just registered family.pants@yahoo.com - sue me, buddy.... Glad I don't use my real name anywhere...
- inactive, on 10/12/2007, -0/+0well... this is an interesting story
(look at my user name) - adidax, on 10/12/2007, -0/+0even if they had the patent, i don't see how it would be infrigenment, because a username on a forum isn't "
used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods." -USPTO
so it should be a non-issue -
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