128
‘Lord Of The Wings’ Food Truck Trademark In New Zealand Defeated By Tolkien Estate
(www.techdirt.com)
this post was submitted on 04 Jan 2024
128 points (99.2% liked)
News
22869 readers
4224 users here now
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
view the rest of the comments
I agree that the Funko Pop example cheapens their property. Doesn't seem that they care.
And of course it's not about just one wing truck. Estates like these are not innovating and are not holding air shows or wing competitions. And unless they're stealing trade secrets of making wing sauces or the intricacies of hosting aerial events, I say let the estate compete in those areas or even choose to sponsor these already established entities who've entered the market before the estate did anything with their IP.
But that's my point. If Tolkien's great grandchildren want to sell hot wing sauce some day, they shouldn't have to fight some guy with a food truck because "he thought of it first." Branding is the opposite of a trade secret, and there's no free market solution to competition for a name. Trademarks must be defended in court, or you lose them.
That's why I said it would be a better argument if it were "Lord of Wings" because it conveys almost exactly the same sentiment that the owner is claiming to want to convey, and removing the "the" from the title changes the cadence and format of the title, further separating it from existing IP.