Best Buy sends Cease and Desist to Newegg over TV ad

[MotionMan]

Leaving this here:

http://improveverywhere.com/2006/04/23/best-buy/

MotionMan

 

[GoodRevrnd]

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.

You're allowed to utilize others' trademarks for comparative purposes though.

 

[gevorg]

This is excellent publicity for Newegg. Fuck BestBuy!

 

[Gigantopithecus]

Leaving this here:

http://improveverywhere.com/2006/04/23/best-buy/

MotionMan

"A little while later, an older woman with a handful of products walked past me at one point muttering to herself, “Everyone in this goddamned store is wearing a blue shirt and nobody knows a thing!”"

 

[GoodRevrnd]

"A little while later, an older woman with a handful of products walked past me at one point muttering to herself, “Everyone in this goddamned store is wearing a blue shirt and nobody knows a thing!”"

lol!!! so a typical best buy experience then.

 

[Perknose]

The term "geek" was in use long before BB trademarked "Geek Squad." This doesn't give them absolute proprietary rights to the term "geek", even for commercial purposes, imho.

If so, them ima trademark "NerdHerd" for my new service supplying up to 20 awkwardly clueless virgins to show up at parties where YOU want to look good by compassion, and are willing to pay for that privilege.

Then I'll sue the Urkel-hiked pants off of anyone who uses the term "nerd" in their advertising.

 

[DisgruntledVirus]

Leaving this here:

http://improveverywhere.com/2006/04/23/best-buy/

MotionMan

Pretty awesome.

 

[SparkyJJO]

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.

404 trademark use not found.

 

[Capt Caveman]

Watching the commercial for the first time, my initial reaction was that they were in a Best Buy.

 

[mrblotto]

Leaving this here:

http://improveverywhere.com/2006/04/23/best-buy/

MotionMan

LOL! Too funny!

 

[Tristicus]

Sadly, this is what lots of employees do. Obviously it was meant to mimic Best Buy...but who else were they going to mimic..? Thing that is different at Newegg is that you have all the information sitting there in front of you - at least at our store, things change so constantly that we barely have time to learn what we have. Most associates I work with can tell a user the differences easily between the PCs that we have, but there will be those few who'll be like "uhh...nothing...derpderpderp you want services derp". I found the ad a bit funny, from both parts. Expert reviews? Lol.

 

[mcmilljb]

Sadly, this is what lots of employees do. Obviously it was meant to mimic Best Buy...but who else were they going to mimic..? Thing that is different at Newegg is that you have all the information sitting there in front of you - at least at our store, things change so constantly that we barely have time to learn what we have. Most associates I work with can tell a user the differences easily between the PCs that we have, but there will be those few who'll be like "uhh...nothing...derpderpderp you want services derp". I found the ad a bit funny, from both parts. Expert reviews? Lol.

Instead of a C&D letter, I would rather have seen them come out with a commercial that is a parody of their "expert reviews." That would be more useful and constructive. Have one where there is a troll writing fake reviews, and then they go to BB and leave happy. Done.

 

[ElFenix]

404 trademark use not found.

bby claims that the color scheme and graphics of the 'geek on' logo infringe on their geek squad tie logo. bby also claims that the blue shirt is their trade dress (and did anyone really not immediately think bby when they saw the newegg ad?).

 

[mcmilljb]

bby claims that the color scheme and graphics of the 'geek on' logo infringe on their geek squad tie logo. bby also claims that the blue shirt is their trade dress (and did anyone really not immediately think bby when they saw the newegg ad?).

You forgot with khaki pants, but the guy was wearing black pants. I've never seen a bby guy wear black pants with a blue polo. Have you? Therefore it's not bby. Don't jump to conclusions so easily

 

[SparkyJJO]

bby claims that the color scheme and graphics of the 'geek on' logo infringe on their geek squad tie logo. bby also claims that the blue shirt is their trade dress (and did anyone really not immediately think bby when they saw the newegg ad?).

Yes I thought of Best Buy when I saw it. However, "geek on" looks nothing like the geek squad tie logo, and as pointed out, the power icon that Newegg used is universal. And really, how can you trademark the color of a polo shirt?

Best Buy = fail.

 

[sjwaste]

Yes I thought of Best Buy when I saw it. However, "geek on" looks nothing like the geek squad tie logo, and as pointed out, the power icon that Newegg used is universal. And really, how can you trademark the color of a polo shirt?

Best Buy = fail.

I wasn't commenting on the merits. I honestly didn't even watch the video. It's just that half the first page of this thread is about "fair use" which is completely misunderstood.

 

[Wreckem]

Best Buy's claims are merit-less. You can't claim someone is using your trademarked logo when the logo they are using is the original universal design that you based your design off of.

The symbol is IEC 5009 symbol for power standby button. It is a completely open symbol with literally several hundred companies using it in their logos.

This is worse than Monster trying to sue everyone using the word monster(even people who used it before them) into oblivion.

 

[edro]

Awesome commercial!

 

[Tristicus]

Instead of a C&D letter, I would rather have seen them come out with a commercial that is a pardoy of their "expert reviews." That would be more useful and constructive. Have one where there is a troll writing fake reviews, and then they go to BB and leave happy. Done.

People in charge with rational ideas? Are you nuts? :awe:

 

[Leros]

I walked into a Best Buy once wearing a blue polo shirt (not intentional). Many people thought I was an employee. I helped people out and probably gave better advice than the actual employees. It was actually kinda fun.

 

[tfinch2]

I walked into a Best Buy once wearing a blue polo shirt (not intentional). Many people thought I was an employee. I helped people out and probably gave better advice than the actual employees. It was actually kinda fun.

You and I have different ideas of what fun is.

 

[Leros]

You and I have different ideas of what fun is.

It was fun because I didn't work there and I only did it for about 20 minutes. I imagine working there would suck.

 

[ElFenix]

You forgot with khaki pants, but the guy was wearing black pants. I've never seen a bby guy wear black pants with a blue polo. Have you? Therefore it's not bby. Don't jump to conclusions so easily

... i'm the guy who pointed out that dude was wearing black pants

 

[MotionMan]

It was fun because I didn't work there and I only did it for about 20 minutes. I imagine working there would suck.

It happens to me all the time at Fry's because I generally wear a white dress shirt, a tie and dark slacks for work.

It is fun to help people. I imagine it would be slightly amusing to give bad advice and imagine a large number of irate people return to the store later.

MotionMan

 

[zerocool84]

The term "geek" was in use long before BB trademarked "Geek Squad." This doesn't give them absolute proprietary rights to the term "geek", even for commercial purposes, imho.

If so, them ima trademark "NerdHerd" for my new service supplying up to 20 awkwardly clueless virgins to show up at parties where YOU want to look good by compassion, and are willing to pay for that privilege.

Then I'll sue the Urkel-hiked pants off of anyone who uses the term "nerd" in their advertising.

We've seen this with Apple. They will patent or trademark things that were clearly used and invented before but because they were granted the patent or trademark, it's theirs and they sue people over it.