How Ridiculous Is This?

**foilman8805** · 12-11-2008, 11:26 PM

http://www.foxnews.com/story/0,2933,465646,00.html

Quote:

MOSCOW — How much would you pay for a ;-)?

A Russian businessman has trademarked the emoticon — or combination of punctuation marks — used to convey a wink in text messages and e-mail.

Oleg Teterin, president of the mobile ad company Superfone, said Thursday he doesn't plan on tracking down individual users following the decision by the federal patent agency.

"I want to highlight that this is only directed at corporations, companies that are trying to make a profit without the permission of the trademark holder," he said in comments to NTV.

Companies will be sent legal warnings if they use the symbol without his permission, he said.

"Legal use will be possible after buying an annual license from us," he was quoted by Kommersant as saying. "It won't cost that much — tens of thousands of dollars."

He also said since other similar emoticons — :-) or ;) or :) — resemble the one he has trademarked, use of those symbols could also fall under his ownership.

Other Russian Internet entrepreneurs reacted to the effort predictably —

:(

"Imagine the next wise-guy who trademarks the 33 letters of the Russian alphabet and then says anyone who uses the Russian alphabet has to send him money. It's absurd," Alexander Manis, the director of a broadband internet and mobile company, told NTV.

Maksim Mashkov, owner of an Internet cafe and bookstore, said he doubted the trademark's legal basis since the symbol has existed in the public domain for years.

Indeed, Russia media said Teterin wasn't the first to try to trademark the symbol in Russia. Kommersant said a St. Petersburg court in 2005 agreed with an appeal from the German corporation Siemens, which was sued by a Russian man claiming he held the trademark.

Scott Fahlman, a professor at the Carnegie Mellon University in the United States, claims that he was the first to use three keystrokes — a colon followed by a hyphen and a parenthesis — as a horizontal "smiley face" in a computer message 25 years ago.

Some people get the most outrageous ideas...and it's really all just for money. Tens of thousands of dollars for an annual license to do this ;-)? Preposterous, if I do say so myself.

What do you guys think about this guy trademarking an emoticon? Do you think he's exceedingly clever, or a greedy asshole? I'm not very educated on the laws of trademarks, but do you guys feel it's okay for someone to be allowed to trademark something that I would consider public domain?

EDIT: Fixed it. ;-)

Patricoo · 12-12-2008, 12:09 AM

He's an exceedingly clever asshole if gets away with it. Key point, if he makes money off of it.

Case in point, if it isn't illegal, by all means go for it though American trademark laws are usually more lax, especially with the rule of parody to hide behind.

**dore** · 12-12-2008, 12:18 AM

cue in soviet russia jokes

Patricoo · 12-12-2008, 12:20 AM

In soviet Russia, Emoticon winks you!

Zybanthia · 12-12-2008, 12:23 AM

I'd think at the very least you could have the decency to trademark something you came up with yourself... trademarking something that "nobody" came up with seems a bit odd (and by nobody, I mean that somebody came up with it of course, but it would be hard to track down exactly who, especially when things of this sort actually have multiple origins sometimes, just like catch phrases do).

Also, if you'd like to disable the emoticons, just click the "Disable smilies in text" box under "Automatically parse links in text", which is just under the Submit Reply and Preview Post buttons. Of course, if you're using Quick Reply, I believe it's a little trickier.

**foilman8805** · 12-12-2008, 12:30 AM

Quote:

Originally Posted by Zybanthia

I'd think at the very least you could have the decency to trademark something you came up with yourself... trademarking something that "nobody" came up with seems a bit odd (and by nobody, I mean that somebody came up with it of course, but it would be hard to track down exactly who, especially when things of this sort actually have multiple origins sometimes, just like catch phrases do).

Yeah, that's what my initial thought was. Emoticons are public domain as far as I'm concerned.

Quote:

Originally Posted by Zybanthia

Also, if you'd like to disable the emoticons, just click the "Disable smilies in text" box under "Automatically parse links in text", which is just under the Submit Reply and Preview Post buttons. Of course, if you're using Quick Reply, I believe it's a little trickier.

I figured it out. I do use Quick Reply. I just had to click 'Go Advanced' and it was in there. Thanks for the help.

Zybanthia · 12-12-2008, 12:40 AM

And I'll remember the "Go Advanced" button myself.

As for public domain, I was under the impression "public domain" referred to something that has not been copyrighted, not something that cannot be copyrighted; I wasn't actually aware of anything that cannot legally be copyrighted. But at the same time, if I came up with something and somebody else copyrighted it, I think there'd be a problem... which is why I don't think Mr. Teterin has the right to copyright these emoticons. Unless, of course, he came up with them.

But I doubt it.

**Patashu** · 12-12-2008, 12:44 AM

I'm waiting for the first legal case to come about because of this

there will be lulz

dancingmaniac3 · 12-12-2008, 02:05 AM

cash -10000

DrKirth · 12-12-2008, 04:28 AM

lulz

patent pending

OrganisM · 12-12-2008, 05:34 AM

Strange world we live in...

**EnR** · 12-12-2008, 06:07 AM

Soon someone will trademark the internet.

**Adamaja456** · 12-12-2008, 06:14 AM

that is fuking retarded

Tibs · 12-12-2008, 06:28 AM

i'm trademarking the letter a. no-one can use it without paying me.

understnd tht, ssholes?

DoctorSerpentine · 12-12-2008, 06:37 AM

**championanwar** · 12-12-2008, 10:32 AM

Hahaha, that's just stupid. What is this world comming to.

Welcome back, Erich - Missed ya loads <3 <3

wwwJ4mmYcouk · 12-12-2008, 10:53 AM

Quote:

Originally Posted by championanwar

Welcome back, Erich - Missed ya loads <3 <3

I can feel the gay love

Also Tibs i owe you a load of money.

And...

**** the Russian man. ; - )

PlaceboFX · 12-12-2008, 10:57 AM

How can he prove this?

**coraleaterlinda** · 12-12-2008, 11:45 AM

id like to see him try to get his money. moron.

Engler · 12-12-2008, 12:29 PM

Quote:

Originally Posted by foilman8805

What do you guys think about this guy trademarking an emoticon? Do you think he's exceedingly clever, and a greedy asshole? I'm not very educated on the laws of trademarks, but do you guys feel it's okay for someone to be allowed to trademark something that I would consider public domain?

Fixed.

In truth, I'm torn. Though I think it is outrageous that he is attempting to trademark something as commonplace as "

", I cannot help but respect him for discovering an excellent way to make a large sum of money.

12-12-2008, 12:09 AM	#2
Patricoo FFR Player Join Date: Dec 2003 Location: From Harrisburg to Philly Posts: 432	Re: How Ridiculous Is This? He's an exceedingly clever asshole if gets away with it. Key point, if he makes money off of it. Case in point, if it isn't illegal, by all means go for it though American trademark laws are usually more lax, especially with the rule of parody to hide behind. __________________

12-12-2008, 12:18 AM	#3
dore caveman pornstar Join Date: Feb 2006 Location: ridin on a unicorn Age: 33 Posts: 6,317	Re: How Ridiculous Is This? cue in soviet russia jokes __________________ http://www.youtube.com/watch?v=IREnpHco9mw

12-12-2008, 12:20 AM	#4
Patricoo FFR Player Join Date: Dec 2003 Location: From Harrisburg to Philly Posts: 432	Re: How Ridiculous Is This? In soviet Russia, Emoticon winks you! __________________

12-12-2008, 12:23 AM	#5
Zybanthia FFR Player Join Date: Dec 2008 Posts: 809	Re: How Ridiculous Is This? I'd think at the very least you could have the decency to trademark something you came up with yourself... trademarking something that "nobody" came up with seems a bit odd (and by nobody, I mean that somebody came up with it of course, but it would be hard to track down exactly who, especially when things of this sort actually have multiple origins sometimes, just like catch phrases do). Also, if you'd like to disable the emoticons, just click the "Disable smilies in text" box under "Automatically parse links in text", which is just under the Submit Reply and Preview Post buttons. Of course, if you're using Quick Reply, I believe it's a little trickier.

12-12-2008, 12:40 AM	#7
Zybanthia FFR Player Join Date: Dec 2008 Posts: 809	Re: How Ridiculous Is This? And I'll remember the "Go Advanced" button myself. As for public domain, I was under the impression "public domain" referred to something that has not been copyrighted, not something that cannot be copyrighted; I wasn't actually aware of anything that cannot legally be copyrighted. But at the same time, if I came up with something and somebody else copyrighted it, I think there'd be a problem... which is why I don't think Mr. Teterin has the right to copyright these emoticons. Unless, of course, he came up with them. But I doubt it.

12-12-2008, 12:44 AM	#8
Patashu FFR Simfile Author Join Date: Apr 2006 Location: we traced the call...it's coming from inside the house Age: 33 Posts: 8,609	Re: How Ridiculous Is This? I'm waiting for the first legal case to come about because of this there will be lulz __________________ Patashu makes Chiptunes in Famitracker: http://soundcloud.com/patashu/8bit-progressive-metal-fading-world http://img.photobucket.com/albums/v216/Mechadragon/smallpackbanner.png Best non-AAAs: ERx8 v2 (14-1-0-4), Hajnal (3-0-0-0), RunnyMorning (8-0-0-4), Xeno-Flow (1-0-0-3), Blue Rose (35-2-0-20), Ketsarku (14-0-0-0), Silence (1-0-0-0), Lolo (14-1-0-1) http://i231.photobucket.com/albums/ee301/xiaoven/solorulzsig.png

12-12-2008, 02:05 AM	#9
dancingmaniac3 FFR Player Join Date: Nov 2003 Location: San Antonio...where tortilla is pronounced right. Posts: 1,873	Re: How Ridiculous Is This? cash -10000 __________________

12-12-2008, 04:28 AM	#10
DrKirth FFR Player Join Date: Dec 2006 Location: San Diego, CA Age: 35 Posts: 484	Re: How Ridiculous Is This? lulz patent pending __________________ Be efficient.

12-12-2008, 05:34 AM	#11
OrganisM FFR Player Join Date: Oct 2006 Location: Nesoi, Olympus System Posts: 2,644	Re: How Ridiculous Is This? Strange world we live in... __________________ . Originally Posted by jewpinthethird[link]: "If you get stung by enough bees you turn into a bee, because the venom gets into the blood stream which spreads bee DNA throughout your entire body... changing your genetic structure into a bee's. Every year roughly 125 people in America are turned into bees this way." Originally Posted by MrRubix[link]: "Do you basically bukkake-paint your walls every time you jack it?" Originally Posted by All_That_Chaz[link]: "My pity-sex depreciates at a rate of 5% annually."

12-12-2008, 06:07 AM	#12
EnR Massive flaming dildos. Join Date: Jul 2007 Location: A-Town, Ontario Age: 31 Posts: 8,431	Re: How Ridiculous Is This? Soon someone will trademark the internet. __________________ [SIGPIC][/SIGPIC]

12-12-2008, 06:14 AM	#13
Adamaja456 Absurd Join Date: Dec 2006 Location: 31 Billion Club, WA Age: 33 Posts: 6,433	Re: How Ridiculous Is This? that is fuking retarded __________________ 582 Tier Points(Tier 3) 602 AAAs(517+23+62) People who bought me subscriptions/tokens: DrugstoreCowboy(1 month) ELRayford(3 months) ~GJampa(3 months) Jerry DB(3 months) 4th place in Gamewhore Competition(3 months) Phynx(FGJ album and Dendrite V2) dragon890x(1 year) Slide(1 year)

12-12-2008, 06:28 AM	#14
Tibs FFR Player Join Date: May 2006 Location: UK Age: 35 Posts: 5,235	Re: How Ridiculous Is This? i'm trademarking the letter a. no-one can use it without paying me. understnd tht, ssholes? __________________ Metal covers of vidya game songs

12-12-2008, 06:37 AM	#15
DoctorSerpentine Banned Join Date: Nov 2007 Posts: 412	Re: How Ridiculous Is This? ;*

12-12-2008, 11:45 AM	#19
coraleaterlinda FFR Veteran Join Date: Nov 2008 Location: Victoria, TX Age: 36 Posts: 415	Re: How Ridiculous Is This? id like to see him try to get his money. moron. __________________

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