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Trademark

by Mike Masnick

Thu, Jun 17th 2010 2:29pm




Filed Under:
48 hours, 48hrs, magazines, trademark

Companies:
cbs


CBS Demanding Much More Than It Deserves In Dispute With 48HR Magazine

from the give-it-up dept

In May, we covered the dispute between CBS and the magazine 48HR. It was one of the rare situations where it really did seem like CBS had a legitimate claim that there could be some level of confusion among some between 48HR's magazine and CBS's television news magazine program, 48 Hours. We had hoped, however, that things could be quickly worked out amicably. Instead, it looks like CBS is being ridiculously overbearing in trying to negotiate an agreement. The 48HR folks have tried to be accommodating, but CBS keeps demanding more:
  • CBS wants to be able to vet the magazine's new name.
  • CBS wants to own the magazine's existing URL, 48hrmag.com.
  • It's unclear how long the network would be willing to allow that URL to redirect to the magazine's yet-to-be-created new website, which Honan said would be the only way to ensure continuity between the debut issue, created the weekend of May 7, and the second issue, which they're planning for the end of August.
    •
This is too bad. It still seems like the initial reaction of too many folks these days is to lawyer up, when a straightforward discussion that doesn't involve "we control everything" could come to a reasonable and amicable solution.

14 Comments | Leave a Comment

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  1.  
    identicon
    Anonymous Coward, Jun 17th, 2010 @ 2:56pm

    considering they are only one issue in, how signficant would the loss of readership be if the website only redirected for 30 days or whatever? i think that cbs is pretty much right on the ball on this one, making sure they dont have to go back to the lawyers after the next magazine some out called 60mins.

     

    [ reply to this | link to this | view in thread ]

  2.  
    identicon
    Richard, Jun 17th, 2010 @ 3:07pm

    Story time

    I once developed a popup blocker (way back in 02) and published it free of charge on download.com I started receiving legal nasty-grams on a daily basis, each claiming that I had failed to respond (even the very first one). Turns out, that I bought the domain name for that popup blocker and there was another piece of software with the same name. It was not a registered trademark, and they didn't buy the domain. As usual, people have the same ideas, and this was one of those cases. I contacted the author of the other "smart stopper" and he was really good about it. I just agreed to change the name and get a new domain. I would then redirect the one for his product to his page until it expired, or he could just get it transfered (he opted not to, as it was just like mine, a hobby thing). The lawyer sending me all that static was with a freelance collections firm that goes around trying to extort money from these coincidental conflicts. He calls the first creator who doesn't own the domain, and asks if he can "work to get the situation straightened out" all on a contingency of course... Either way, I called him and said that I had already worked it out with the other party... Let's just say he didn't like that so much :)

     

    [ reply to this | link to this | view in thread ]

  3.  
    identicon
    Any Mouse, Jun 17th, 2010 @ 3:18pm

    Re:

    Considering it's at least 50 days to the next issue? 30 days would mean a pretty significant loss, thanks.

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    Anonymous Coward, Jun 17th, 2010 @ 3:53pm

    Ah hah

    CBS wants to own the magazine's existing URL, 48hrmag.com.

    Ahhh, so that's what's going on: CBS wants to start a 48 Hour magazine. I guess it's easier to just hijack someone else's than come up with their own.

     

    [ reply to this | link to this | view in thread ]

  5.  
    icon
    ChurchHatesTucker (profile), Jun 17th, 2010 @ 3:53pm

    Screw 'em

    Call the magazine CBS Sucks. I'll get a subscription.

     

    [ reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Jun 17th, 2010 @ 4:48pm

    Re: Re:

    30 days past the next publication.

     

    [ reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Jun 17th, 2010 @ 4:57pm

    Re:

    Word

     

    [ reply to this | link to this | view in thread ]

  8.  
    identicon
    Anonymous Coward, Jun 17th, 2010 @ 4:57pm

    I think the CBS's points, as described in the article, are totally reasonable.

     

    [ reply to this | link to this | view in thread ]

  9.  
    icon
    Mike Masnick (profile), Jun 17th, 2010 @ 5:02pm

    Re:

    I think the CBS's points, as described in the article, are totally reasonable.


    Let me guess: you're an IP lawyer?

     

    [ reply to this | link to this | view in thread ]

  10.  
    identicon
    Anonymous Coward, Jun 17th, 2010 @ 5:48pm

    I think the CBS's points, as described in the article, are totally unreasonable. I am not an IP laywer.

     

    [ reply to this | link to this | view in thread ]

  11.  
    identicon
    Anonymous Coward, Jun 17th, 2010 @ 7:37pm

    Re:

    Well, good thing you provided such detailed elaboration on why you agree with "the CBS." Otherwise, everyone might just consider you irrelevant.

     

    [ reply to this | link to this | view in thread ]

  12.  
    identicon
    Grey Ferret, Jun 18th, 2010 @ 9:45am

    Ok, remind me again, who plays Eddie Murphy's role in the CBS version of 48 Hours? Because the movie was the First 48, or is that a show too? No, the CBS show is Another 48 Hours, or wait, no that was a movie sequel. So, to be clear, The First 48 Hours was a movie and later became a show, but aren't related. Then the show 48 hours came out but isn't about the movie, but was rather Another 48 Hours, but not the sequel of the same name. Then 48 Hour is now a magazine that is not the movie or the show and is, but also isn't, Another 48 Hours. Right?

     

    [ reply to this | link to this | view in thread ]

  13.  
    identicon
    Danny, Jun 18th, 2010 @ 1:15pm

    Re: Ah hah

    I know right?

    (Insert diety) forbid CBS do something like CBS48hrmag.com right?

     

    [ reply to this | link to this | view in thread ]

  14.  
    identicon
    Danny, Jun 18th, 2010 @ 1:17pm

    So sad.

    If CBS had been smart they might have tried to work out some agreement with the mag (I don't know something like an ad agreement or maybe an offer of a buyout) so they could work together. Such a move would have helped put the magazine on the map and CBS would have gotten a little street cred for "helping the little guy/girl".

    But no that would be too easy.

     

    [ reply to this | link to this | view in thread ]


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