Friday, June 25, 2004
Is Our Patent/Trademark System Completely Idiotic?
Posted by Brad Adrian in "THOUGHT" @ 07:26 AM
There have been several news stories this week that are making me seriously wonder if the U.S. patent system is completely off its rocker!
Okay, I'll concede that Microsoft's latest patent, though a bit weird, at least has some bit of scientific basis to it and seems to be aimed at some truly unique technologies. But this morning I read a Reuters news report explaining that Washington Mutual Inc., a financial services company, has received a patent for the design and layout of its branch offices. This means that if another bank has its teller stations, ATMs and concierge desk situated similarly to Washington Mutual's, they're infringing on the patent and liable to be sued!
But the latest patent news (from the Idaho Mountain Express) that REALLY gripes me relates to (of course) the SCOTTeVEST company. Even though Scott Jordan, the founder and CEO of SCOTTeVEST, holds a registered trademark for his logo, he is being sued by Scott USA, which produces sporting goods (most notably, ski goggles).
"Scott USA alleges that the violations committed by ScotteVest are related largely in part to ScotteVest’s use of the word 'Scott' to promote and sell ski-related products from the Ketchum area."
"He’s using a logo very close to the ‘Scott’ logo," said Dave Stevens, Scott USA chief financial officer. "It creates confusion in the mind of the consumer."
Stevens said the word "Scott," as it is written in the ScotteVest logo, notably resembles several of Scott USA’s trademarked uses of the same word.
Okay, you be the judge. Taking a look at the two logos above, do you honestly think that consumers would actually confuse the two? Sure, they both have the name "Scott" in them, but the last I heard you cannot claim a total copyright for a person's name.
This just strikes me as idiotic. Even more idiotic is the fact that Scott USA is trying to get SCOTTeVEST to turn over every bit of revenue they've received while using the SCOTTeVEST logo! PU-LEASE!! :bad-words:
You know, I'm sure that the attorneys who file these kinds of lawsuits serve some useful purpose on this planet, but I can't figure out what it is (kindling, perhaps?). It just goes to show that Americans are losing the ethic to actually EARN their income, chosing instead to try to steal it from others via idiotic lawsuits.
Okay, I'll concede that Microsoft's latest patent, though a bit weird, at least has some bit of scientific basis to it and seems to be aimed at some truly unique technologies. But this morning I read a Reuters news report explaining that Washington Mutual Inc., a financial services company, has received a patent for the design and layout of its branch offices. This means that if another bank has its teller stations, ATMs and concierge desk situated similarly to Washington Mutual's, they're infringing on the patent and liable to be sued!
But the latest patent news (from the Idaho Mountain Express) that REALLY gripes me relates to (of course) the SCOTTeVEST company. Even though Scott Jordan, the founder and CEO of SCOTTeVEST, holds a registered trademark for his logo, he is being sued by Scott USA, which produces sporting goods (most notably, ski goggles).
"Scott USA alleges that the violations committed by ScotteVest are related largely in part to ScotteVest’s use of the word 'Scott' to promote and sell ski-related products from the Ketchum area."
"He’s using a logo very close to the ‘Scott’ logo," said Dave Stevens, Scott USA chief financial officer. "It creates confusion in the mind of the consumer."
Stevens said the word "Scott," as it is written in the ScotteVest logo, notably resembles several of Scott USA’s trademarked uses of the same word.
Okay, you be the judge. Taking a look at the two logos above, do you honestly think that consumers would actually confuse the two? Sure, they both have the name "Scott" in them, but the last I heard you cannot claim a total copyright for a person's name.
This just strikes me as idiotic. Even more idiotic is the fact that Scott USA is trying to get SCOTTeVEST to turn over every bit of revenue they've received while using the SCOTTeVEST logo! PU-LEASE!! :bad-words:
You know, I'm sure that the attorneys who file these kinds of lawsuits serve some useful purpose on this planet, but I can't figure out what it is (kindling, perhaps?). It just goes to show that Americans are losing the ethic to actually EARN their income, chosing instead to try to steal it from others via idiotic lawsuits.
