Trademark

by Mike Masnick


Filed Under:
france, hadopi, trademark



Another Embarassment For French 'Three Strikes' Agency... As Someone Beats Them To Filing For Trademark

from the so-easy-to-infringe-these-days dept

Earlier this year, we noted that the French government organization put in charge of enforcing the new "three strikes" law in the country, Hadopi, had used an unauthorized font in creating its logo. The organization also got in some hot water over leaked plans for ways to monitor users. The latest, as pointed out by Glyn Moody, is that someone else beat the organization to apply for a trademark on "Hadopi." The article seems to suggest that this guy who applied first is likely to get it, but that doesn't make much sense to me. At least in the US, you need to actually use the trademark in commerce to be eligible for it, and it's not clear this guy is doing anything at all with Hadopi. On top of that, there's such a thing as common law trademarks for those who used the mark first -- but, again, I'm not quite sure how that works in France. Any European trademark lawyers want to weigh in?

Either way, if the guy does get it, he's planning on suing Hadopi. The guy did this in the first place because he's not a fan of the three strikes law, and thinks that there should be some more discussion on it. Oh yeah, he's also promoting his own online music service as well, so this is certainly a large publicity stunt. Still, for an organization that's supposed to be about "protecting intellectual property," it hasn't shown itself to be very on the ball so far.

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  1. icon
    interval (profile), 12 Aug 2010 @ 7:59am

    Re:

    I'm opening the "Hadopi Cheese & Crackers" shop. We'll be serving free-trade coffee and piping in RIAA-free music.

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