Originally posted by maltz88:
Originally posted by Young2Rice:How sad. This is like me buying a license for a michael jackson song and going around saying i am michael jackson.
Actually it would be like you singing a holiday song that's been around for generations, then having Michael Jackson put it on an album then sue you for singing "his song."
I don't know man...hard to say that "12th man" was generic when the USPTO disagreed. That said, it's not a copyright (so the MJ song analogy fails too).
It's more like ripping off Nike's "Just Do It" because the phrase existed in the English language prior to the trademark registration. You can't do that. That's what trademarks are for.
[ Edited by VinculumJuris on May 6, 2014 at 7:50 PM ]