Best Buy sends Cease and Desist to Newegg over TV ad

Texashiker

Lifer
Dec 18, 2010
18,811
197
106
I think best buy is losing business and going down the same road that circuit city did.

Any reason to sue someone and get some free money is a good reason. After all, its the american way.
 

lxskllr

No Lifer
Nov 30, 2004
57,420
7,601
126
Absolutely no merit. No brands were used in the ad, and in any case, parody is within their fair use rights. Fuck BestBuy and(with?) their lawyers.
 

amdhunter

Lifer
May 19, 2003
23,324
219
106
Hahaha, that is awesome. I can see why Best Buy is pissed. The guy looked exactly like a Best Buy employee.
 

CPA

Elite Member
Nov 19, 2001
30,322
4
0
Is this the ad where the worker talks about he and his friend love the tv, then someone over the loudspeaker calls him to another aisle, he leaves with a mop bucket and the camera pans out to a department store?
 

Axon

Platinum Member
Sep 25, 2003
2,541
1
76
Well, truth is a defense to defamation, but that's not so much the issue. A trademark law suit might have some merit only as to the kid in the blue shirt. It's parody, however, so I think Best Buy would struggle.

I don't think "geek on" meets the threshold of trademark infringement - e.g., confusion. I don't even think Geek On is a repair service, as geek squad is.
 

Freshgeardude

Diamond Member
Jul 31, 2006
4,510
0
76
bahaha thats funny.

best buy claims it looks like their style of store, but doesnt.

only thing is the blue shirt haha
 

ElFenix

Elite Member
Super Moderator
Mar 20, 2000
102,414
8,356
126
i immediately thought best buy when i saw the commercial. but it could be wally world. well, except for the absence of ginormously obese people all over the place.

geek on logo

i can't find the tie logo best buy is saying they use for geek squad


edit: i should go to compusa and see what color their shirts are

edit2: kid is wearing black pants so can't be best buy as they wear khakis :sneaky:
 
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GagHalfrunt

Lifer
Apr 19, 2001
25,297
2,000
126
Well, truth is a defense to defamation, but that's not so much the issue. A trademark law suit might have some merit only as to the kid in the blue shirt. It's parody, however, so I think Best Buy would struggle.

I'm fairly sure that you can't trademark a shirt color. BB does not have exclusive rights to employees wearing blue. That letter wasn't worth the postage needed to send it.
 

ahenkel

Diamond Member
Jan 11, 2009
5,359
3
81
My favorite part about the cease and desist letter is that the first half of it is just bragging.
 

SKORPI0

Lifer
Jan 18, 2000
18,409
2,317
136
Thanks for the YouTube link, I have have HD cap of this commercial. Maybe I'll upload and see what happens.

Funny how BB reacted to this, typical scenario of what happens at their store. Last time I went there, I felt like I wasted my time and not getting the info I wanted. Not a lot of selections and I get free shipping/no tax on some items I get from Newegg.
 

GoodRevrnd

Diamond Member
Dec 27, 2001
6,803
581
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Newegg is starting a new "Geek ON!" campaign, which promises to provide a ton of giveaways and community activities. We'll be posting updates here, and make sure to check on our facebook page for your chance to with the available prizes!
geekon.png


Computer repair service:
images


404 trademark infringement not found

What does the power button have to do with GeekSquad anyway?
 

Axon

Platinum Member
Sep 25, 2003
2,541
1
76
I'm fairly sure that you can't trademark a shirt color. BB does not have exclusive rights to employees wearing blue. That letter wasn't worth the postage needed to send it.

Of course you cannot, but they can say that uniform is functionally their uniform. Now, that's what they'll say, but it doesn't mean they'll be successful in a Court of law. But that's not the point of the exercise. A company like Best Buy is going to have a bunch of f**king Nazgul lawyers that make the room drop to -10 Celsius when they walk in (and fill animals with dread when they are nearby), so that alone can keep them in the case until the commercials stop or a "settlement" is reached. Or, if they lose, NewEgg is out a cool million just defending the case, so they still took a bite.

Trust me, I deal with guys like that daily. You'd be amazed the kind of comical lawsuits the federal courts allow to slip past pre-answer motions to dismiss.
 
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MikeMike

Lifer
Feb 6, 2000
45,885
66
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You HAVE to ATTEMPT to protect a trademark/logo/etc. in order for it to be continued as a trademark/logo/etc...

So in the end, BestBuy HAD to do this.
 

Svnla

Lifer
Nov 10, 2003
17,999
1,396
126
BB employees as computer/technology experts? The same ones that said "integrated video is better than dedicate one"? or the one that pushed and push warranty on Monster cable?

The last time I was in BB when they had some hot sale such as the Canon SX130IS for $150 a month or so ago.
 

Gigantopithecus

Diamond Member
Dec 14, 2004
7,665
0
71
Erm, I'm not sure that many Newegg reviews are much better than what you'd get from a Best Buy employee.

Regardless, Best Buy = Amazon showroom.
 

mshan

Diamond Member
Nov 16, 2004
7,868
0
71
LOL, maybe Best Buy is adopting the Monster Cable business strategy.


:(
 

sjwaste

Diamond Member
Aug 2, 2000
8,760
12
81
Who the hell taught some of you that parody in an ad is protected fair use? That is absolutely not true. You can't make an ad using other people's trademarks, parody or not. It's a pretty easy way to get a C&D sent your way, and if not, sued.

Fair use applies to copyright. It's codified at 17 USC 107. Have a look. Even if we presume it applies, the first element, purpose and character, is negated when one uses another's copyrighted work for his own profit.
 

mcmilljb

Platinum Member
May 17, 2005
2,144
2
81
Who the hell taught some of you that parody in an ad is protected fair use? That is absolutely not true. You can't make an ad using other people's trademarks, parody or not. It's a pretty easy way to get a C&D sent your way, and if not, sued.

Fair use applies to copyright. It's codified at 17 USC 107. Have a look. Even if we presume it applies, the first element, purpose and character, is negated when one uses another's copyrighted work for his own profit.

I guess SNL and other comedy shows better quit making money parodying other people's stuff for profit.

Watch the video, there is no use of trademarks. They don't own a trademark of blue polos and khaki pants. Maybe they own a trademark with their logo. Besides the guy is wearing black pants, lol. What other trademark do you see? None. Their power button with a tie has issues because the power button is an industry standard. People are within their right to use a power button. Plus show me a Best Buy store that looks like the one in the commercial because I haven't seen one like that.
 
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