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<title>Techdirt. Stories about &quot;thinkgeek&quot;</title>
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<image><title>Techdirt. Stories about &quot;thinkgeek&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
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<pubDate>Thu, 11 Apr 2013 05:22:44 PDT</pubDate>
<title>Fox Sends Cease &#038; Desist Letters To Firefly Fans Selling Jayne Hats, Because Money</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130410/12122122666/fox-sends-cease-desist-letters-to-firefly-fans-selling-jayne-hats-because-money.shtml</link>
<guid>http://www.techdirt.com/articles/20130410/12122122666/fox-sends-cease-desist-letters-to-firefly-fans-selling-jayne-hats-because-money.shtml</guid>
<description><![CDATA[ As a whole bunch of you sent in, via a variety of different sources, apparently a maker of "Jayne hats" from the cult TV show <i>Firefly</i> has <a href="http://www.themarysue.com/jayne-hats-fox/" target="_blank">received a cease &#038; desist letter from the legal attack dogs at Fox</a>, just as an "authorized" version has shown up for sale on Thinkgeek and other sites.
<center>
<a href="http://imgur.com/Edylkqg"><img src="http://i.imgur.com/Edylkqg.jpg" width=350 /></a>
</center>
People are <a href="http://www.blastr.com/2013-4-9/fox-shuts-down-anyone-selling-jayne-hat-and-firefly-fans-are-furious" target="_blank">not at all happy about this</a>.
<blockquote><i>
Recently, though, Ripple Junction, a company that produces licensed apparel, obtained the rights to mass-produce the Jayne Hat. It instantly became a hit seller on popular nerd sites like ThinkGeek. It seemed that getting a Jayne hat was easier than ever. But that ease came with a price.
<br /><br />
Firefly fans are coming out of the woodwork, and they are hopping mad. Why? Turns out in the last few weeks many of them have received cease-and-desist letters or have simply been banned from Etsy for producing DIY Jayne Hats. This communal endeavor, it seems, is coming to a close, and fans of the show are asking themselves why. Isn't the whole point of the Jayne hat that it be homemade? Doesn't it mean anything that the hats are often auctioned off at charity events? After 10 years of nothing, isn't it unfair for Fox to suddenly force lifelong fans to cease production of something they love?
</i></blockquote>
The good folks over at ThinkGeek, who are known for being generally cool and with it -- and not at all prone to dickish legal behavior -- were quick to <a href="http://www.thinkgeek.com/blog/2013/04/nice-hat-jayne.html" target="_blank">put out a statement about all of this</a>, noting that they had nothing to do with the cease and desist letters, and in fact, they're happy to compete with the homemade sellers.
<blockquote><i>
We just wanted you to know that ThinkGeek has nothing to do with the C&#038;D notices. The hat is licensed by a vendor with whom we have a relationship and while the hat is not an exclusive to ThinkGeek, we did have a hand in its development and answered the difficult questions like, "Are the earflaps long enough?" and "Is that man afraid of anything?" (Yes and no, respectively.)
<br /><br />
Would the C&#038;D have happened if we did not carry the hat on our site? We're not sure; we'll leave that question to sharper legal minds than ours. We're here to carry the shiniest of goods from 'round the 'verse, even maybe makin' them ourselves. We just want y'all to know that while we might not always aim to misbehave, we'll always be sure to get you the best stuff this side of the Eavesdown Docks.
<br /><br />
The way we see it, if people want to make their own, shiny. For those out there who can't knit to save their gorram lives, we can help.
</i></blockquote>
See?   Now that's a reasonable attitude to take.  But big media companies like Fox tend to employ lawyers who aren't known for their "reasonable takes" on things, no matter how much goodwill it might destroy among fans.<br /><br /><a href="http://www.techdirt.com/articles/20130410/12122122666/fox-sends-cease-desist-letters-to-firefly-fans-selling-jayne-hats-because-money.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130410/12122122666/fox-sends-cease-desist-letters-to-firefly-fans-selling-jayne-hats-because-money.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130410/12122122666/fox-sends-cease-desist-letters-to-firefly-fans-selling-jayne-hats-because-money.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>pissing-off-fans-left-and-right</slash:department>
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<pubDate>Fri, 25 Jun 2010 06:27:02 PDT</pubDate>
<title>Pork Board Admits It Knows Unicorns Don't Exist, But Claims It Doesn't Matter</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100624/1334459952.shtml</link>
<guid>http://www.techdirt.com/articles/20100624/1334459952.shtml</guid>
<description><![CDATA[ We, along with a bunch of other sites, recently discussed the hilarious situation where the National Pork Board <a href="http://www.techdirt.com/articles/20100621/0934489897.shtml">sent a 12 page cease-and-desist</a> letter to ThinkGeek for its April Fool's joke about "unicorn meat," which it jokingly called "the new white meat" (not even "the other white meat" -- which is the National Pork Board's <a href="http://www.google.com/hostednews/ap/article/ALeqM5gkivmxUJg5eiM9jcs7HzKgVEXKawD9G8LGMG0" target="_blank">soon to be changed</a> trademarked slogan).  <a href="http://www.techdirt.com/profile.php?u=se7ensamurai">Se7ensamurai</a> writes in to point out the National Pork Board is now <a href="http://www.huffingtonpost.com/2010/06/22/canned-unicorn-pork-board_n_619926.html?page=2&#038;show_comment_id=51224862#comment_51224862" target="_blank">defending its decision to send the letter</a>, saying:
<blockquote><i>
"We certainly understand that unicorns don't exist," said Ceci Snyder, vice president of marketing for the National Pork Board. "Yes, it's funny. But if you don't respond, you are opening your trademark up to challenges."
</i></blockquote>
Except, that's not true, and you would think the NPB's trademark lawyers would point that out.  Over aggressive trademark defenders often make statements like the one above about how they "have" to defend their trademark or they risk losing it.  But that's only in cases where the mark is actually likely to cause <i>confusion</i> or is not used in a manner that is clearly fair use (such as a parody, as in this case).  So, like unicorns, the NPB's claim that they had to send this cease-and-desist is nothing more than a myth.<br /><br /><a href="http://www.techdirt.com/articles/20100624/1334459952.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100624/1334459952.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100624/1334459952.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-quite</slash:department>
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<pubDate>Mon, 21 Jun 2010 13:55:43 PDT</pubDate>
<title>Trademark Cluelessness: The Other White Meat</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100621/0934489897.shtml</link>
<guid>http://www.techdirt.com/articles/20100621/0934489897.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=headbhang">Headbhang</a> was the first of a few of you to send in the news of favorite supplier of all things geeky, Thinkgeek, <a href="http://thinkgeek.com/blog/2010/06/officially-our-bestever-cease.html" target="_blank">receiving an incredibly long and detailed cease and desist letter</a> from the National Pork Board, complaining about its use of the phrase "the other white meat" on an <i>April Fool's joke</i> offering for canned unicorn meat.  The NPB is somewhat notorious for defending the "the other white meat" trademark, but even its high priced lawyers must know that there's no likelihood of confusion here, and the parody defense would likely win out.  Also, since for it to be infringement there needs to be actual "use in commerce" and this is a product that can not and will not ever be sold... does it even qualify?  Not only that, but the NPB is <a href="http://www.google.com/hostednews/ap/article/ALeqM5gkivmxUJg5eiM9jcs7HzKgVEXKawD9G8LGMG0">looking for a new slogan for pork</a>, so there won't be much need to eliminate the confusion between pork and unicorn products.  Even more importantly, did no one think that maybe, just maybe, sending a cease-and-desist over an April Fool's joke might look bad?<br /><br /><a href="http://www.techdirt.com/articles/20100621/0934489897.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100621/0934489897.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100621/0934489897.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>morons-in-a-hurry</slash:department>
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