Don't Say YUUUP! Or You Might Get Sued

from the ownership-society dept

The latest example of ownership society gone mad involves the star of a reality TV series, Storage Wars, suing a rapper, because they both say "YUUUP!" Dave Hester, the reality TV guy, registered YUUUP! as a trademark earlier this year. Trey Songz, the rapper, says he's been using YUUUP! since 2009, but never registered a trademark -- which is perfectly reasonable. It seems worth pointing out here that you don't have to register a trademark. Just using it can give you a common law trademark, which is plenty powerful -- especially in this case, where it seems like Songz would have priority.

But, really, that's getting way too far down into the legal weeds. Let's remember what we're talking about here: two people fighting over who can say "YUUUP!" Can we just agree that that's insane, and there should be nothing wrong with multiple people saying YUUUP? I say YUUUP!


Reader Comments (rss)

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    Marcus Carab (profile), Nov 17th, 2011 @ 6:27am

    "YUUP!" (if I'm imagining how it sounds correctly) has also been a running joke on the show Archer for two years... I wonder when they'll get dragged into this lawsuit

     

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      Anonymous Coward, Nov 17th, 2011 @ 8:08am

      Re:

      Also NOOOPE as said by larna from Archer

      DANGERZONE

       

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        Marcus Carab (profile), Nov 17th, 2011 @ 8:09am

        Re: Re:

        Phrasing!

         

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          Anonymous Coward, Nov 17th, 2011 @ 8:13am

          Re: Re: Re:

          Phrasing?

           

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            Marcus Carab (profile), Nov 17th, 2011 @ 8:16am

            Re: Re: Re: Re:

            Heh it's another Archer running joke.

            You wanna play me hard?
            Phrasing.
            Well then you better nut up!
            Phrasing!
            Because I've swallowed just about all I'm going to take from you!
            HEY! PHRASING!

             

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              Anonymous Coward, Nov 17th, 2011 @ 8:19am

              Re: Re: Re: Re: Re:

              How could i forget.

              Is this a ruse?

              Anyway, this is all far too silly however Lawyers gots to get paid.

               

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              Capitalist Lion Tamer (profile), Nov 17th, 2011 @ 10:47am

              Re: Re: Re: Re: Re:

              The whole phrasing convo reminds me of pretty much everything Tobias Funke ever said.

              Narrator: Tobias listens to a day's worth of his own words, to see what Michael was referring to...
              Tobias Fünke: [on tape] ... even if it means me taking a chubby, I will suck it up.
              Tobias Fünke: Nothing wrong with that.
              Tobias Fünke: [on tape] Oh, I've been in the film business for a while, but I just can't seem to get one in the can.
              Tobias Fünke: It's out of context.
              Tobias Fünke: [on tape] I wouldn't mind kissing that man between the cheeks.
              Narrator: ...and he realized there is something distinct about the way he speaks.
              Tobias Fünke: Tobias, you blowhard.
              [chuckles]

               

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          Anonymous Coward, Nov 17th, 2011 @ 8:16am

          Re: Re: Re:

          Phrasing?

           

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      Anonymous Coward, Nov 17th, 2011 @ 11:11am

      Re:

      Can I just trademark every word in your comment and sue you for multiple infringements?

       

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      David Liu (profile), Nov 17th, 2011 @ 2:24pm

      Re:

       

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      Keri, May 2nd, 2012 @ 3:43pm

      Re:

      No worries, Archer's YUUP! and Dave's YUUUUUP! are way different.
      Archer's isn't as drawn out as Dave's.

      Which is good. It would suck to have Archer pulled into this.
      Personally, Dave gets enough money from the show and the storage lockers he buys. He's just being greedy, in my opinion.

       

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    Anonymous Coward, Nov 17th, 2011 @ 7:20am

    From context, I'm imagining the definition of "Yuuup," is, "I have nothing intelligent to say." Does that come close?

     

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      Berenerd (profile), Nov 17th, 2011 @ 7:40am

      Re:

      The guy from Storage Wars uses that word to say he bids the number the auctioneer has stated.

      Those of you who live in Down East Maine will knwo that this is actually used by everyone...in...Maine...for eons...so technically this guy owe Maine millions. yuuup...

       

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    Anonymous Coward, Nov 17th, 2011 @ 7:21am

    Wait...did he say YUUUP or YUP or YUUP or YUUUUP? A few of these should qualify as separate I believe, or at the very least parody of the original. Just guessing though.

     

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    Anonymous Coward, Nov 17th, 2011 @ 7:23am

    Its more like an extended version of Yep or Yeah, rather than Yuup.

     

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    Chris Rhodes (profile), Nov 17th, 2011 @ 7:23am

    YUUUUUP!

    Wonder if Lana knows someone else has "stolen" her catchphrase.

     

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    Anonymous Coward, Nov 17th, 2011 @ 7:29am

    Mike, you and your grifter pirate Marxist fascists need to stop stealing trademarked words.

     

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    Anonymous Coward, Nov 17th, 2011 @ 7:37am

    Yuuup

    One of the employees at a local estate auction house had a regular practice of saying "Yuuuup" in exactly that same way when he was fronting for a phone bidder. I had assumed this was some sort of auction-business tradition.

    When is someone going to try to trademark, "going, going ... gone!"?

     

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    Anonymous Coward, Nov 17th, 2011 @ 7:39am

    Importantly, none of these three applications have issued as a trademark. One recently was published for opposition, but the other two remain somewhere in the bowels of the USPTO. Of the marks, only one is associated with entertainment services. The other two deal with mundane things like caps, decals, etc.

    As for the rapper, it would be useful to know the geographic extent to which the phrase has been used. If it embraces all of the US, then a common law tradmark would trump the application associated with entertainment services.

    No matter what the outcome, I must scratch my head and ask "What were they thinking when the applications were filed?"

     

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    Anonymous Coward, Nov 17th, 2011 @ 7:45am

    Step Brothers. Brennan : "Wanna do karate in the garage?"
    Dale : "YUUP!"

     

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    Trails (profile), Nov 17th, 2011 @ 7:48am

    You know what this suit and those like it are?

    They're GRRRRRRRRRRRRRREAT!

     

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    Kip256 (profile), Nov 17th, 2011 @ 7:49am

    We should start a movement with these silly lawsuits over the use of a word. Every time anyone sees someone say "Yup" in whatever context or manner, contact Dave and notify him that someone is stealing his trademark and remind him that he must "enforce" his trademark in fear of losing it. Then after spending all of his time and money in courts over the word "Yup" he will realize how stupid this is.

     

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    tm, Nov 17th, 2011 @ 7:51am

    storage wars

    If you have ever watched the show you already know that Dave Hester is an A1 asshole. YUUUP!

     

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    PrometheeFeu (profile), Nov 17th, 2011 @ 7:59am

    Can we please not talk about those kinds of people? It caused me to look-up what this "Storage Wars" show was about and now I am uncontrollably sobbing for the fate of humanity. Who the hell came up with the concept of shows named "Random Boring Profession Wars"? I want to sue them for emotional damages!

     

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      Dave Hester still sucks, Nov 17th, 2011 @ 8:06am

      Re:

      Come on man. Barry is the best. I think he is able to putmost of it in perspective. The rest are just ants trying to clean up other peoples trash. I do enjoy the show. Brandi could wear some more revealing outfits to through the others off their game (and I'm curious).

       

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      Anonymous Coward, Nov 17th, 2011 @ 8:14am

      Re:

      They're making a reality show about ren faire jousters. REN FAIRE JOUSTERS!

       

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        Fickelbra (profile), Nov 17th, 2011 @ 8:24am

        Re: Re:

        LOL I saw that just last night. The best part was to make it seem tough the host was like, anyone from boxing, UFC, come show up and I'll put you down out here. It's like, well duh, that's WHAT YOU DO. Put the shoe on the other foot and go step in the ring, they'll do the same to you.

         

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          Joe Publius (profile), Nov 17th, 2011 @ 9:41am

          Oh yeah?

          Because I guarantee that if we were to face off over a game of Pac-Man (which I have played a lot), you'd probably clean my clock.

          Pac-Wars!

           

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    Anonymous Coward, Nov 17th, 2011 @ 8:02am

    Muppets close enough for prior art ?

     

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    Anonymous Coward, Nov 17th, 2011 @ 8:02am

    Muppets close enough for prior art ?

    http://answers.yahoo.com/question/index?qid=20081229215651AAkn1d6

    yip yip yip yip yip ...

     

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    BentFranklin (profile), Nov 17th, 2011 @ 8:11am

    “A sound mark depends upon aural perception of the listener which may be as fleeting as the sound itself unless, of course, the sound is so inherently different or distinctive that it attaches to the subliminal mind of the listener to be awakened when heard and to be associated with the source or event with which it is struck.”

    So now we can have findings of fact about the subliminal mind?

     

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    Brandon (profile), Nov 17th, 2011 @ 8:22am

    Twenty-eight comments and I don't see the requisite link to the Lana Yuup soundboard. Shame on you, Techdirt Archer fans.

     

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    Anonymous Coward, Nov 17th, 2011 @ 8:28am

    Trey Songz is not a rapper. He's an r&b singer. Shotty work reporters.

     

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    Anonymous Coward, Nov 17th, 2011 @ 8:30am

    We are writing to notify you that your unlawful copying of of the word YUUUUP! infringes upon our client’s exclusive trademarks. Accordingly, you are hereby directed to

    CEASE AND DESIST ALL TRADEMARK INFRINGEMENT.

    Mr. David Hester is the owner of a trademark in various aspects of the word "YUUUUP!". Under United States tradmark law, Mr. Hester’s trademarks have been in effect since the date that the trademark was registered. All utterances of the word "YUUUUP!" are tradmarked under United States trademark law.

    It has come to our attention that you have been using the word "YUUUUP!". We have evidence of your unlawful usage to preserve as evidence. Your actions constitute trademark infringement in violation of United States trademark laws. If you continue to engage in trademark infringement after receiving this notice, your actions will be evidence of “willful infringement.”

    We demand that you immediately (A) cease and desist your unlawful use of the word "YUUUUP!" and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further infringement of Mr. Hester’s trademarked word.

    Sincerely,

    [your name here]

     

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    Anonymous Coward, Nov 17th, 2011 @ 8:43am

    I recently trademarked the letter "e" so consider this a cease and desist and remove all e's from your replies. In other news, I have just filed a lawsuit against Sesame Street for brazenly infringing on my trademark for daring to say that some of their shows were sponsored by the letter "e" when they clearly did not seek my approval to use my trademark. I also have a pending trademark for the schwa character.

     

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    Nonymous Coward, Nov 17th, 2011 @ 8:49am

    ...

    I'm going to trademark the word 'trademark'.

    I'll be a millionaire.

     

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    Anonymous Coward, Nov 17th, 2011 @ 8:50am

    Does Dave Hester have no balls? YUUUUUP!!!

     

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    Todd, Nov 17th, 2011 @ 9:14am

    Easy. All Trey Songz has to say is that his version is spelled YUUUUUP, with an extra U.

    But really, we are talking about suing someone for the way they say "yes?"

     

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    Kaega (profile), Nov 17th, 2011 @ 9:20am

    Already taken

    I've heard this word somewhere before, repeatedly, usually in groups of fours.

    http://www.youtube.com/watch?v=sRACH5tOnq4

     

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    Anonymous Coward, Nov 17th, 2011 @ 9:27am

    This

     

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    timmaguire42 (profile), Nov 17th, 2011 @ 10:18am

    No commonly used term or phrase should be protectable.

    Ever. Not in copyright, not in trademark. Not in anything. If they want rights, they should come up with something new. Anything less is a fraud upon the public.

     

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    zgork, Nov 17th, 2011 @ 10:37am

    Yuup

    Face it Dave is an igotistical self-centered jerk which has nothing better in life. Abouot the show it is what middle America does so PrometheeFeu you need to get a life and go out and see what people really do... Although, one can trademark a word/phrase try to get a common word such as Yuup in the court system and try and win against a rapper who has the money to spend on the case - get real

     

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      PrometheeFeu (profile), Nov 17th, 2011 @ 10:38pm

      Re: Yuup

      I don't care that it's what "Middle America" does. I'm a software engineer in the Bay Area. And "Software Engineer Wars" would be equally stupid. Oh my god! We are shipping in 3 days and a major bug was just discovered! **Engineer runs to the screen and spends next 8 hours typing with brief breaks to refill a water glass or hit the bathroom** Of course, you could always do the standard provoking on conflicts. But alpha-geeks tend to war over emails, so it's still 8 hours of watching a person type... Very boring...

      Also, I just don't see why the fact that Middle America does what these people are doing (highly doubtful that any more than a tiny fraction of americans trade in abandonned storage lockers) that doesn't make it interesting. In fact, that makes it boring.

      Am I being stuck up and elitist? You bet. It's also known as having standards. And with this diatribe, I shall retire to bed.

       

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    Lanthus, Nov 17th, 2011 @ 11:05am

    Reading Comprehension

    Come on everybody. I hate Hester on the show as much as anyone else but I at least bothered to read the article.

    Songz is the one that sent Hester a cease and desist. Hester is trying to get a court order to stop him from interfering with his use of the phrase.

    "Attorneys for Songz sent a cease-and-desist letter to Hester that demanded the reality TV star stop uttering the phrase during the show’s auctions of seized goods, according to the NY Post"

    "Hester has filed a lawsuit against Trey Songz (born Tremaine Neverson) and is seeking a court order that bars the rapper from "interfering" with his use of “YUUUP!”

     

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    rjholla2003, Nov 17th, 2011 @ 11:18am

    Really?

    Aside from the fact that this is absurd, can we also point out that Trey Songz is a SINGER, not a RAPPER?

    -_____-

     

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    a special kinda guy, Nov 17th, 2011 @ 11:51am

    yaaarp

    yarp
    runs down the hall yelling "yuuup yuuup yuuup yuuup" ( to sound like "holla holla holla" from the chappell show)

     

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    Daemon_ZOGG, Nov 17th, 2011 @ 12:32pm

    "...registered YUUUP! as a trademark earlier this year"

    Since Dave says "YUUUP!" is a trademark, then Dave will have to prove how many times the letter "U" was used when Trey verbally said "YUUP!" out loud. };P

     

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    Anonymous Coward, Nov 17th, 2011 @ 2:50pm

    T______________T this makes me sad

     

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    ike, Nov 17th, 2011 @ 5:24pm

    Dave Hester

    Storage Wars is a great show! Dave Hester is a bit of an ass on the show, but it's reality TV, so one expects a bit of manufactured drama. It's disappointing to hear he's the same IRL.

     

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    Anonymous Coward, Nov 17th, 2011 @ 7:09pm

    YUUUUUUUPPPPP

    I guess all this is just crap. Or did someone register crap? Can I say crap?
    Crap, guess it's too late. I say, crap. YUUUP, Crap!

     

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    Anonymous Coward, Nov 18th, 2011 @ 5:41am

    Sesame Street Martians ...

    have been saying "Yup yup yup yup ... " for decades. Since the Muppets are Disney, is Hester about to get a whole can of legal whupass opened on him?

     

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    mikez (profile), Nov 18th, 2011 @ 6:01am

    All I did was say Jehova.

    Jehova, Jehova, Jehova!!!

     

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    Anonymous Coward, Nov 21st, 2011 @ 8:22am

    This is funny. Hester is a douche (though probably not really in RL scripted as part of Storage Wars he is). I'm going to trademark Nooooooope! Quickly and wait for someone to start using it....profit!$$$$

     

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    yonnaboo12, Jan 1st, 2012 @ 2:48pm

    i'm on trey side but this whole thing is a waste of time it's just a word and I have never heard of hester or waat eva his name is. ~trey's angel all daii~ ~trigga~

     

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    Greg preston, Jan 6th, 2012 @ 3:47pm

    Storage wars

    I think storage wars is awesome and dave barry darrel and brandi jarrod r fantastic. Brandi should get her tits out and that wud b awesome shes beautiful and id love to meet her naked

     

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    Anonymous Coward, Mar 21st, 2012 @ 3:41pm

    Wow, Pathetic waste of time

    Dave Hester is a pathetic human being that likes to find ways to step on others because of his psychologically abusive childhood. Its quite obvious. And so is the fact that we no longer have a Bill of Rights that cannot be surpassed by money and lawyers. If I were that rapper I would add an 'up' and be done with it... YUUUUPP!

     

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    mableson (profile), Jun 6th, 2012 @ 11:41am

    Really Dave?

    He has a registration for CLOTHING and 2 pending for bumper stickers and personal appearances that he is not using! He is actually infringing on prior uses.

     

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      Terminal4, Jun 6th, 2012 @ 12:30pm

      Re: Really Dave?

      Dave is a magician. He can sell ANYTHING, no matter the condition, at full retail price! Prior use? Infringing? These words mean nothing to him. I mean, imagine everyone waiting for the "Yuuuup" clothing line! (I've already seen people wearing the stupid hats). His clothing line just exudes class and style. Dave the magician.

       

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    david, Jul 17th, 2012 @ 8:22pm

    stupid

    Dave hester is a IDIOT has this country got that bad saying no one can say YEEEEEEP!I HATE HESTER I WISH WOULD DIE

     

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