The result of not protecting a name can be seen in the case of Famous Original Ray's. There used to be one pizzeria in New York called Ray's. It was really good, and "Ray's Pizza" got to have a reputation as some of the best pizza in NY. Then some more people opened up pizzerias called Ray's. So then the original Ray's changed their sign to say "Original Ray's Pizza." But then others started saying "Famous Ray's," and "Original Ray's," and by now there hundreds of pizzerias around the city with variations on "Famous Original Ray's Pizza." So the statement "Ray's Pizza is the best pizza in New York" has no meaning anymore, because no one will have any clue which restaurant you're talking about, and someone who's told, "If you go to New York, you have to eat at Ray's," probably won't end up buying pizza at the pizzeria that actually earned the "best pizza" reputation.
'Conviction (1)'
All Ogle, No Cash -- It's Not Just Annoying, It's Un-American
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But it's not Brazil that's being prevented from doing anything. It's a privately owned company that happens to be from Brazil. Quite frankly, it's refreshing to see the potential for harm to the consumer (confusion) being held above the desires of the corporation for once. [Yes, I know it's actually the other corporation actually being protected, but allow me my delusions.]
The result of not protecting a name can be seen in the case of Famous Original Ray's. There used to be one pizzeria in New York called Ray's. It was really good, and "Ray's Pizza" got to have a reputation as some of the best pizza in NY. Then some more people opened up pizzerias called Ray's. So then the original Ray's changed their sign to say "Original Ray's Pizza." But then others started saying "Famous Ray's," and "Original Ray's," and by now there hundreds of pizzerias around the city with variations on "Famous Original Ray's Pizza." So the statement "Ray's Pizza is the best pizza in New York" has no meaning anymore, because no one will have any clue which restaurant you're talking about, and someone who's told, "If you go to New York, you have to eat at Ray's," probably won't end up at the pizzeria that actually earned the "best pizza" reputation.
Boo Hoo.
What's wrong is the idea that the profit motive should override national identity. Especially when a) the national identity came first and b) the UK would go apeshit if anyone challenged their right to use the Union Jack for any purpose we wish.
Profit motive doesn't override national identity here. Brazilian oil-- a profit concern-- was prevented from identifying itself for trade in Britain using the Brazilian flag. Sure, the UK might go apeshit if Brazilian oil used the British flag for trade in Brazil-- except the UK couldn't do anything about it there. If Brazilian oil had come first, BP would have been prevented from using a confusing mark.
Let me say this again: trademark is not a right to use something. It's a right to have the government protect your use of something for trade in a particular industry. BP used a mark with particular colors in the oil trade. They got a trademark. That meant they could prevent ANYONE from using a confusingly similar mark, even if it happened to be the Brazilian goverment, and even if the Brazilian government was using their flag. They just couldn't use their flag for trademarking in the oil business.
They did not overrun Brazilian identity.
Boo Hoo.
Zoe, who are you protecting? The consumer? The business holder of the name? Other businesses?
Or Scotland?
As a protest, someone has trademarked the phrase "Freedom of Expression". He hoped of course that it would be knocked down. But so far it has been upheld.
Show me the case, because there's no possible way you're right here.
Shawn, I love it when you get all lawyer-y.
You are going to kick so much courtroom ass.
That meant they could prevent ANYONE from using a confusingly similar mark, even if it happened to be the Brazilian goverment,
Says who? Why shouldn't the Brazilians stick their finger up at UK trademark law and pass a law saying it is fine for any Brazilian oil co. to use the Brazilian flag anytime it likes.
Says who? Why shouldn't the Brazilians stick their finger up at UK trademark law and pass a law saying it is fine for any Brazilian oil co. to use the Brazilian flag anytime it likes.
They can. JUST NOT IN ENGLAND.
Boo Hoo.
Why? The guy who built up his business and reputation loses out, because people hear of his reputation but then go elsewhere. The consumer loses out, because they go expecting great pizza and end up with merely adequate pizza. Eventually, every other Famous Original Ray's loses out, because the name came to mean nothing but "cliched New York pizzeria" and doesn't signify quality anymore.