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Woman Trademarks Her Name, Says No One Can Use It Without Her Permission
from the copyright-protect! dept
It's no secret that many people are quite confused about how patents, trademark and copyright law work at times. In fact, we've frequently pointed out that it's rather unfair to lump trademarks in with copyright and patents, because trademarks are so different. Whereas copyright and patents are all about a right to exclude via a monopoly privilege, trademark is about consumer protection, and is under an entirely different part of the constitution. Unfortunately, those who favor the "intellectual property" terminology have lumped the three together, leading many people to falsely believe that trademarks are effectively similar to patents and copyright -- especially with respect to the right to demand no one else can use a trademark in any way without permission. As folks like Leo Stoller have learned the hard way, that's simply not true.
However, it doesn't stop some of the more amusing claims from folks who do think that they have extreme control over a trademarked term. Reader darus67 points us to the the website of one Dr. Ann De Wees Allen, who makes it quite clear she has a trademark on her name, and anyone using it without permission will be in trouble:
Separately, I should note that Dr. Ann De Wees Allen's website has an amusing bit of javascript that tries to prevent you from copying and pasting any text and on doing something so simple as right clicking and trying to open a link in a new window. The best part, though, is if you have javascript enabled, and do try to right click, a pop up windows shows up with the text saying "Copyright Protect!" Yeah, so it appears that not only is there some confusion over trademark law, but copyright law as well. Dr. Ann De Wees Allen also claims to have patents -- though, it does seem odd when you look at her patents webpage that it fails to list a single patent number, but just claims "patents" on a long list of things. A quick Google search does show two patents and one application with her listed as the inventor, though it's entirely possible there are more. Still, giving the somewhat broad claims of what she's patented on her patent page, it does make you wonder if she might be opening herself up to false marking claims.
Patents, trademarks and copyright are all very interesting subjects at times, but it's rare to find a case where someone potentially has confused how all three work.
However, it doesn't stop some of the more amusing claims from folks who do think that they have extreme control over a trademarked term. Reader darus67 points us to the the website of one Dr. Ann De Wees Allen, who makes it quite clear she has a trademark on her name, and anyone using it without permission will be in trouble:
Dr. Ann de Wees Allen's name is a Federally Registered Trademark. It is illegal to use the name (Dr. Ann de Wees Allen) on any website or document without prior written permission.She even goes so far as to post a list of websites "illegally" using her name, as well as a copy of the cease and desist letter (pdf) her lawyers will send you. Now, it may very well be that some of the sites in question are, in fact, violating her trademark (and at least one of the pages I've found does appear pretty questionable from a trademark standpoint) but the blanket claim that "it is illegal to use the name on any website without prior written permission" is simply false. That's not how trademark law works. Dr Ann De Wees Allen does, in fact, have a trademark on her name, used in commerce related to dietary supplements, but just because you have a trademark, it does not mean you have complete control of the mark.
Separately, I should note that Dr. Ann De Wees Allen's website has an amusing bit of javascript that tries to prevent you from copying and pasting any text and on doing something so simple as right clicking and trying to open a link in a new window. The best part, though, is if you have javascript enabled, and do try to right click, a pop up windows shows up with the text saying "Copyright Protect!" Yeah, so it appears that not only is there some confusion over trademark law, but copyright law as well. Dr. Ann De Wees Allen also claims to have patents -- though, it does seem odd when you look at her patents webpage that it fails to list a single patent number, but just claims "patents" on a long list of things. A quick Google search does show two patents and one application with her listed as the inventor, though it's entirely possible there are more. Still, giving the somewhat broad claims of what she's patented on her patent page, it does make you wonder if she might be opening herself up to false marking claims.
Patents, trademarks and copyright are all very interesting subjects at times, but it's rare to find a case where someone potentially has confused how all three work.
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Reader Comments (rss)
(Flattened / Threaded)
The "right click" thing is someone's ridiculous attempt to block the "Save Image As.." functionality, and as I recall those scripts emerged before tabbed (and even windowed) browsing was very popular -- e.g. in the days when using one website was already pushing the limits of your connection.
Those scripts belong on pages with animated gifs and starry backgrounds. I had hoped they died with Geocities.
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Re: script
Keyboard commands to select all, copy and past work fine
I agree these scripts are foolish.
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Re: Re: script
Does that mean I broke her "copyright protect?"
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Re: Re: Snopse not allowing copy function
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Re: Re: Re: Snopse not allowing copy function
Thanks for that.
CBMHB
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Re: Re: Re: Snopse not allowing copy function
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I thought they died 10 years ago. I used to enjoy taunting people who used such scripts. You could copy their content and send it to them altered, mirror their page and tease them with it, etc.
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Why can't people understand the difference?
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Re: Why can't people understand the difference?
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None really
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Re: None really
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Re: Re: Re: None really
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So...
I guess that would be up to Dr Ann De Wees Allen. I hope Dr Ann De Wees Allen is lenient against me now I've mentioned Dr Ann De Wees Allen's name.
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Re: So...
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Re: So...
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with all due respect
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Re: with all due respect
"copyright and patents are all about a right to exclude via a monopoly privilege"
Both are exclusions via a granted privilege.
Which part are you hung up on?
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Re: Re: with all due respect
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Hypocrite, much?
If she believes that using names and logos are illegal, then why is she doing it to a dozen other companies and organizations???
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Re: Hypocrite, much?
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BREAKING NEWS
ZOMGWTFBBQ DIET SODA IS FATTENING!
That's just funny.
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Re: BREAKING NEWS
lol
Who knew ?
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Re: BREAKING NEWS
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Re: BREAKING NEWS
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Re:
Without paying up, anyway.
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Woot!
Name, Patents & Research
Dr. Ann de Wees Allen's name is a Federally Registered Trademark. It is illegal to use the name (Dr. Ann de Wees Allen) on any website or document without prior written permission.
Click Here to view the names of individuals and companies who are ILLEGALLY using Dr. Ann de Wees Allen's Name, Patents & Research. Please help us STOP this ILLEGAL activity"
Ha! Her name AND copy & pasted! Suck on this Dr. An de Wees Allen...
*snicker*
Wees
*chortle*
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please
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Scammer
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Re: Scammer
I am head of the Agel medical advisory board, the Scientific advisory board so anything that goes in your mouth is my responsibility.
in your mouth.... hmmm.. wow... Dr. Ann de Wees Allen is a nutjob.
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Watts Wacker has been there, done that
As a "futurist" he seems to have gotten stuck in the 90's, or so the design of his website would suggest:
http://www.firstmatter.com/bios/Watts_Wacker.asp
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Re: Watts Wacker has been there, done that
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At least we have a way to assist!!!
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Of course, I'm still talking with him about it, but it's going well. At least for a laugh.
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Why do all the whackos
At least this one isn't flashing colors and riddled with CAPS AND BAD GRAMMAR!
Oh I take that back, the legal info page is riddled with CAPS MAKING SURE WE KNOW SOMETHING! CRUISE CONTROL FOR RAGE!
Jesus Christ her pictures are creepy.
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The letter is amuzing
"Your anticipated cooperation is anticipated"
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Re: The letter is amuzing
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Dr. Ann de Wees Allen is starving for attention.
Does Dr. Ann de Wees Allen think this is her right as a cancer survivor? While I'm glad that Dr. Ann de Wees Allen was able to beat cancer, Dr. Ann de Wees Allen needs to get back to reality.
Signed,
Not a fan of Dr. Ann de Wees Allen
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Use of USPTO Seal
The USPTO does not authorize the use of either its seal or logo on any other websites.
Sounds like a snake-oil salesman misrepresenting the laws to stifle criticism!
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When I see people trying to hard to say something and show others how they are great and nobody ever heard of them, the first thing that crosses my mind is "scam", but I could be wrong of course.
Now I would very much like to see try to sue me for copying that text from her site LoL
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images strange
Please share the C&D letter.
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Wonder if the the Dr. is familiar with The Streisand Effect?
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Ron
So he took my info and will give me a call back with the answer of what the process is to get listed on there to drive people to my site. :)
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Re: Ron
www.5thWallGaming.com
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Re: Re: Ron
That just makes me want to keep it up there.
I'm beginning to see that I'm a troll at times. :)
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Re: Re: Re: Ron
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Re: Re: Re: Ron
Wow.
I'm thoroughly impressed.
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Re: Re: Ron
And if you do get sued, let us know here so that I can be sure to buy something from your site (no offense, I wasn't really interested in looking around much right now) so that I can support your defense.
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Re: Re: Re: Ron
and we do Murder Mystery parties and Game events for kids Birthdays and such. But thanks for the well wishes..
Nice.. I've gotten at least 1 page hit from putting it up there. Already it's paying off even if Ron tells me that they won't put it up on their site.
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Re: Ron
Agel is on the list... But..
http://vids.myspace.com/index.cfm?fuseaction=vids.individual&videoid=23561703
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Well, it's on the Trademark Application, too!
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I think this is the wave of the future
I mean, why wouldn't some future extension of DMCA or ACTA allow copyrighting (or something) a person's appearance? Copyright seems to have devolved into the granting of odd, state-supported pivileges to certain narrow, monied classes of people. If the USTR can negotiate something like ACTA, which seems to enshrine the legal concept of "idea is property", why can't they negotiate "appearance is property" as well?
In combination with other legally-imposed burdens like detection of copyright watermarks and DRM-copy-prevention, this could lead to a privileged class of people, celebrities, and billionaires maybe, that could not be digitally photographed. The camera would, via the magic of DRM, refuse to create photos of members of the privileged class. Paparazzi be gone!
This may sound a bit futuristic, so I hereby grant Cory Doctorow a license, free-of-charge and other limitations, to create a sci-fi story around this premise.
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Re: I think this is the wave of the future
You mean like that ?
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Re: I think this is the wave of the future
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Re: I think this is the wave of the future
Actually privacy laws are already protect a person's likeness, and they are beneficial. Commercial (non-editorial or educational) use of someone's likeness is illegal unless that person has consented to the use of their image by signing a release (sometimes called a Model Release).
So if someone takes a photo or you (or someone famous) is may NOT be used in a commercial manner (advertising, stock, etc.) - without your written consent. The exemption to this is if it being used in a purely editorial context. If its a news story in a magazine or a newpaper, it can be used without consent, and the publication is protected from litigation.
I've been a publication photographer for over 20 years (not a paparazzi), and the rules work pretty well. Its not likely to change in image arena.
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Re: Re: I think this is the wave of the future
http://en.wikipedia.org/wiki/Personality_rights#United_States
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Re: Re: I think this is the wave of the future
The "privacy" you cite, which certainly exists, not disputing that, would pale in comparison to the copyright enjoyed by my privileged class. Think of it: security cams that just shut themselves off when a member of this new royalty shows up, papparazi having to pass off very blurry images of celebs/politicians because their cameras would not work when the subjects were in recognizable range.
Should an exception for security cams be put in place, then Best of Mall-Cop "bootleg" tapes that feature images of drunken usually-invisible Lindsay Lohan (or whoever) would have enormous value.
At the risk of going off the rails, this is what we get for having a "pics or it didn't happen" mentality. The advent of mass-market cameras, and mass-market digital cameras in particular, means that photographic evidence of *everything* is available. Just like electronic cash registers ruined checkout clerk's ability to make change, we no longer believe without an accompanying set of digital images.
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Re: Re: Re: I think this is the wave of the future
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Re: Re: Re: Re: I think this is the wave of the future
I was just trying to render the idea of "copyrighting an identity" or "copyrighting appearance" absurd. I was postulating some science-fiction consequences of such a copyright. Sorry to be so vague.
It seems to me that combining "DRM" with "Copyrighted appearance" would potentially lead to people invisible to mass-market cameras, and possibly invisible to security cams. What consequences would that have to broader society and/or people's behavior in public?
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Dr Ann De Wees Allen is a crazy wh0re.
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"confused how all three work"
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Dear Sir or Madam:
It has come to our attention that your website is infringing upon one or more of the following trademarks of Nutrilab Corporation and/or Dr. Ann de Wees Allen.
Dr. Ann de Wees Allen ®
L-ARGININE M2 ™
Trutina Dulcem ®
Blind Amino Acid ®
Edible Computer Chip ®
Skinny Science ™
Accordingly, Nutrilab and Dr. Allen demand that you immediately cease and desist from any further use of any of these marks. Continued, unauthorized use of any of these marks will result in legal action to protect said marks. Legal counsel has been copied on this letter. If you have any questions, please contact the undersigned. Your anticipated cooperation is anticipated.
Very truly yours,
Jeffrey Friedman, President
Nutrilab Corporation
cc: Craig E. Donnelly
Connelly Roberts & McGivney LLC
55 W. Monroe St., Suite 1700
Chicago, Illinois 60603
Craig E. Donnelly
Connelly Roberts & McGivney LLC
55 West Monroe Street, Ste. 1700
Chicago, Illinois 60603
(312) 251-9600
(312) 251-9601 - Fax
cdonnelly@crmlaw.com
111 Second Avenue N.E. Suite 512, St. Petersburg, Florida 33701
Office: 727-894-0032 Fax: 727-894-6969
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Re:
This C&D is invalid.
They misspelled "Nutlab"
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Confusion
Trademark law is not found in the Constitution. It was invented at a later time to help people identify the brands they were buying and prevent counterfeit knock-offs from using similar logos. You wouldn't know that today given that expansion of these laws to include things like individual colors and other ridiculously obvious things has turned trademark law into an incentive for advertising.
"Mike, I fail to see how copyright and patents are lumped together. One excludes use of an instance of a work, where the other excludes use of an entire concept, irrespective of an instance of a given work. They're both clearly out of hand, but there are few show stoppers born out of copyright, where patent law prohibits competition in many, many areas that simply cant be worked around."
This confusion and lumping together arises from use of the phrase "intellectual property." Patents, copyrights, trademarks, trade secrets, etc are not similar in any major ways. They all have different lengths, areas they cover, infringement policies, and so on. They should never be over-generalized and lumped together. Even worse, the phrase "intellectual property" also confuses people into thinking about these abstract concepts as inalienable property rights, which they are not. They are man-made legal concepts that have become more trouble than they are worth.
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Re: Confusion
I think this is what Mike is talking about:
"it was not until 1870 that Congress first attempted to establish a federal regime for the protection of trademarks. This statute, purported to be an exercise of the Copyright Clause powers, was struck down in the Trade-Mark Cases, leading Congress to finally create a successful act under its Commerce Clause power in 1881."
Thanks for posting that, I learned something.
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Re: Re: Confusion
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We will be OK
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Re: We will be OK
I know. Now I've done it.
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Violation
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Yes
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Re: Yes
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DNS records, Registrar information, etc
maybe providers, registrars, DNS hosts, etc should drop all records of her site since they are "infringing" the "copyright"
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Disable Javscript
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A case of ducks trying to swallow what swans shun
http://gnstr.wordpress.com/2010/09/03/the-language-of-kings-the-case-for-patents-in-an-in creasingly-media-acquiescent-world/
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It's her real email address - spam away!
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(BTW, Ann, if I may call you that, what the hell is "A Global Leader in Neuraceutical Research and Products"? I'm sure nobody would make a typo on the *official letterhead* but the thing is, I can't find out what neuraceutical means!)
Hope she sends me a letter!
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my name
the real Ann
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Re: my name
And for the rest of you little internet smart-asses sweating over your light-up keyboards in your parent's basements, you are really starting to get on my nerves.
I'm so upset that I have had to start taking some of my own vile concoctions! Do you have any idea what L-ARGININE M2 ™ actually tastes like? Imagine a half burnt dog with mange slathered in Ludifisk. Just to get the taste out of my mouth, I took some of my Trutina Dulcem ®. Boy, was that ever a mistake! Trutina Dulcem ®, while pleasantly peppermint flavored, is a military grade flatulence inducer, which actually started lifting me off of my chair. In a panic, I grabbed a bottle of my Blind Amino Acid ® and downed several teaspoons between the airborne launches. Mistake again. Now I am temporarily blind, and I keep missing the chair on re-entry. Hopefully, the Coast Guard will notice the wildly varying altimeter signals being transmitted by my Edible Computer Chip ® and come to my rescue soon. I now deeply regret developing and self testing my Skinny Science ™ formula, as the weight loss has contributed to the height of my ballistic apogees and I have now started to dent the ceiling drywall with my head.
Where was I?
Oh...
DAMN YOU MIKE MASNICK!
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Re: Re: my name
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Dr. Ann De Wees Allen Effect just isn't as catchy as Streisand Effect.
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- Ha ! - Check out the first one.
"RESOLUTION: July 10, 2008. Nutrilab and Dr. Allen’s attorneys sent a Federal Trademark Notification to Google, alerting them to Randy Gage’s infringement on their Intellectual Property."
- Why send anything to Google?
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I see what you did!
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Dr. Ann De Wees Allen
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I got some of her text
Dr. Ann de Wees Allen's name is a Federally Registered Trademark. It is illegal to use the name (Dr. Ann de Wees Allen) on any website or document without prior written permission.
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I seriously find it quite plausible that there is no such person. In fact, I tend to believe the only name on any of those websites that may be real is the lawyer.
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wdawdadwawda
go to source code, find url to image, copy paste save done. fuckin noobs
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funny
haha...this is very funny.
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Date of birth
Not that it matters now, as the internet has arrived.
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A few excerpts
The medical and research community states that Dr. Allen's science and technology is "Twenty years ahead of everyone else."
As a result of her long-term research on the amino acid L-arginine, the medical and scientific community refered to Dr. Allen as the Leader in L-Arginine Biochemistry, and the Queen of Arginine.
“Part science, part skill, and part intuition. I also credit my savant-dyslexia. A dyslexic’s nonlinear images allows them to think much more quickly and multi-dimensionally. Albert Einstein was savant-dyslexic...”
A group of top scientists, named “The Dream Team” have discovered the Key Code to a new treatment for Sickle Cell Disease and Thalassemia, the number one genetic disease in the world.
Both scientifically and financially, Dr. Ann de Wees Allen® has reset the standard definition of success.
Dr. Oz says:
"DIET SODAS
ARE FATTENTING"
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lol
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This is the best idea in years
I say we must actually start a Facebook group of "self-Trademarked" people, and then send Cease-And-Desist letters to all and sundry for connecting to us on Facebook and illegally using our names as they are trademarked.
Then we should go and download torrents and hope to get sued by the RIAA or MPAA under "Intellectual Property" laws
So if the RIAA/MPAA send us legal notices, they must first ask our permission for using our trademarked names.
That's legal protection and wonderful negative publicity for the farcical abuse of deliberately vague "Intellectual Property".
PLEASE, something like this is publicity GOLD.
The people really need an instrument as stupid as IP to fight the XXAA, and this seems to be something like it.
By the way, how do I trademark "Dave" for cheap?
;-)
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oooops
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Red Bull?
So I guess Red Bull can't use their own product, and Gatorade has a massive lawsuit coming?
What a weird bird.
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I wonder...
Cheers,
Ruben
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Dr. Ann De Wees Allen
oh no, i said her name. will she sue me now?
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all done
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Quantum Chocolate
Dr. Ann De Wees Allen, you scare the shit out of me!!!!
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Funny
I can use that "Dr. Ann De Wees Allen" name legally. I'm outside the US.
So funny
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DR.ALLEN
LEARN THE USA LEGAL SYSTEM ON PATENTS & TRADEMARKS
BEFORE YOU MOUTH OFF
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I had no problem copying text from Dr. Ann de Wees Allen's website and pasting it into my own.
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This could get expensive
On the flip side, I might be unemployed in a year or so given that all this litigation must eventually ruin someone financially.
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Just another scammer
The list of people she's going after as IP violators looks like it could be a list of scammer competitors.
I suspect that this discussion and the related fallout was an event that she somehow managed to orchestrate herself.
Cheers,
PR
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It's broken!!!
All that time and money invested in trying to stop people right-clicking on a website....defeated by a Keyboard shortcut...When will the hacking end!!
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Dr. Ann De Wees Allen
Some of her research seems to be quite interresting from my point of view (though I am not a doctor), but other things seem quite retarded to my. e.g. she was on fox news recently saying that coffe makes you fat.
I think all world should troll the hell out of her, use her name as often as you want the C&D letters she sends are pointless because she can't sue you for saying/using her name in any nonprofit way.
Have a great time fellow Trolls
Yours
Christian
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*runs away from pretend Doctor*
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De Ann de Wess
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Opinionated Broke Techies
Mike, your are what the global elite refer to as...
"A Useless Eater"
But don't worry, you've always got your reflection in the to agree with you.
.
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Hmm
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Re: Hmm
Well according to trademark law, that is true, but according to Allen, "It is illegal to use the name (Dr. Ann de Wees Allen) on any website or document without prior written permission." She is claiming that I just broke the law, because I posted her name without permission. She's wrong, but that's what she claims. Or claimed, this is an old story.
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Thanks
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Scripting of sit3
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Scripting of sit3
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