Written by Jannypie on May 6th, 2010 | Filed under:
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Hey, did you know Ohio fuckin rocks?
Comment submitted to several of my posts on this blog:
OHIO ROCKS Inc has the pairing of words “Ohio rocks” trademarked. Based on trademark registration #77524790 was request that your clothing ads not contain the words “Ohio rocks” together. You may not give info about places to consumers and sell products using our mark. Please Remove this title and meta tag within 3 business days. If not removed we will seek a legal resolve involving in damages. Thank you for your time in this matter.
Jason White
President
OHIO ROCKS Inc
Ohiorocks.com
Dear Jason White,
Thank you so much for including me in your war against anyone using an entirely common phrase. I’m actually kind of flattered that you think my rock n roll fingers in Ohio would cause issues with your incredibly well-known and respected webzine. I have two responses to your comment:
1.) I am changing the title of my artwork to OHIO F’N ROCKS, solely out of professional courtesy. However, you have obviously not noticed that (A) it isn’t a clothing ad, (B) Ohio Rocks isn’t actually printed anywhere on the design, it is simply the title of a piece of digital artwork, and (C) according to trademark laws, my use of Ohio Rocks as a description of the design (an outline of the state of ohio, with a publicly recognizable hand symbol for rock music) acurately describes exactly what the design portrays and is protected under fair use:
“Trademark is subject to various defenses, such as abandonment, limitations on geographic scope, and fair use. In the United States, the fair use defense protects uses that would be otherwise protected by the First Amendment. Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that the alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media.
An example of the first type is that although Maytag owns the trademark “Whisper Quiet”, makers of other products may describe their goods as being “whisper quiet” so long as these competitors are not using the phrase as a trademark.“
2.) I’m sorry that you decided to trademark a very common pairing of words, and then the Ohio Dept. of Natural Resources trademarked “Ohio Rocks!” for a geological program, and now you are so upset that their entirely legal use of their trademark will be more well-known than your website that you have gone around the internet begging the help of celebrities.
However, petitioning Drew Carey, Larry Flynt, and Eric Clapton on their Twitter, Website and Facebook pages (respectively) might not be your more effective course of action if you wish to challenge the ODNR.
April 3rd, 2010 at 2:38 pm The state is messing with our small company. We have trademarked Ohio rocks in section 035 but they are trying to use it in geology….. Then are trying to trademark it in tshirts which would killl our company named , Ohio rocks. We request your help.
Ps – I met Simon leese while I was in the cincy justice center, as an inmate. He had on plad pants and seemed like a tool…..And sorry for any typos….. I’m typing on my phone:)
Jason White
President
Ohio Rocks Inc
ohiorocks.com
Jason@ohiorocks.com
Source: (http://larryflynt.com/?p=745)
I’m not entirely sure how those three people might help you fight a legally registered trademark, but I guess I give you props for creativity. Maybe instead of spending so much energy continuing this losing battle, perhaps you should instead invest that energy into your own zine, and it will become an entity in it’s own right. Just a friendly suggestion. Also, your spelling and grammar are atrocious; I am certain you will be taken more seriously when you take the time to speak correctly.
Oh, but Jason, there is one thing on which we do agree…
OHIO FUCKING ROCKS!
Love always,
Jannypie
P.S. Consider this my official registration of “OHIO F’N ROCKS” as belonging to me, Janny Fuckin Pie (aka Jan Dennison of Indiefinable Creations).