Now, OHIO F’N ROCKS!!
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).
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You crack me up! Love the response!
Despite the way too long winters, Ohio does f’n rock!
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Please tell me you sent this to him? Love it!
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Jannypie Reply:
May 10th, 2010 at 10:22 am
It is posted here publicly, I haven’t sent it to him directly. Though maybe I should, so that he has confirmation of my compliance with his demands.
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OHIO ROCKS Inc Reply:
May 11th, 2010 at 12:20 pm
ive seen it. its a shame we couldnt have been more friendly. i do think its funny how you are making fun of our attempt to reach out to a few famous ohio folks. it was really just to make them aware of us. we would not mind working with eric clapton……being a music mag.
we have battled the state for about 2 yrs as a small company. we won our rite to use it. its funny about how common it is……it was so common that nobody had ever trademarked it and the domain was open.
i have talked to a patron of bristol bar for 2 yrs about ohio rocks. he has begged me to go see his friend the owner. i wonder if you really came up with ohio rocks on your own. maybe you shouldnt pass off others ideas as your own.
i do see you have changed somethings but you still are trying to “change” our idea….and use it to your gain.changing just enough to get away with it shows your negitive intent. maybe you could use original ideas on your artistic creations. i thought you might understand this being an artist. i guess someone needs to steal …..and then tweek your artistic property brfore you know how it feels.
again it is very odd about the bristol bar connection. hmmmmmmmmmmmm:(
i once said i would try to work with you and promo your products. maybe i was wrong about that.
jason
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Jannypie Reply:
May 11th, 2010 at 1:08 pm
Dearest Jason,
Please accept my apologies that you failed to see the words “professional courtesy” in the first sentence, in which I explained that I did in fact change the title of my design DESPITE your having no legal right to demand that I do so. You’re right, we could have been great friends.
My further apologies for mocking you– I was under the impression that your postings threatening me with legal damages when I have the right to use it as a descriptive title under Fair Use laws indicated that you have no respect for the law and wished to bully me into changing to suit your wishes. So sorry I misunderstood. Your response accusing me of taking the wording and using it to my own gain (which borders on slander, I might point out) *definitely* changed my mind about both your communication skills and your intentions. (Note the use of asterisks to indicate sarcasm.) And then a threat to steal my designs…. tsk tsk my friend. Brush up on your Creative Commons Copyright homework, sweetie. Everything published by me to my blog has All Rights Reserved.
And I certainly don’t take any offense to your implications that I had any clue about your little website when I gave my piece a clearly descriptive name, because you obviously don’t know me at all. You talked to some person who went to a place that I also went to so I must have known it??? Please. I’ve gone to Bristol a handful of times, and I can promise you, the only 6 people who are ever there on Mondays have never heard of you either.
By the way, have you noticed how many ACTUAL products there are online with the saying “Ohio Rocks” printed right on them? I’m pretty sure the wide number of them indicate that it is, indeed, a common enough occurance.
And if you had ever said you wished to work with me, you failed to let me know about it.
Like I said, no offense taken because it entirely too humorous, and not at all personal.
However, if you continue to threaten me, slander me in any way, and/or steal any of my designs, I WILL file a harassment suit against you. And you would have to not only prove that you had legal cause to do this (which you don’t), and that you haven’t falsely accused me of stealing (which you have), you will also have to prove that you had contacted every single one of those people online using the phrase “ohio rocks” exactly as much as you have contacted (and threatened) me.
But hey, if you’re single and like movies, give me a call!
Jannypie
Hahahahahahahahahahahaha!
I almost hope he replies back. What a massively ridiculous person he is.
Also, I am typing this on my phone. It has spell check. Perhaps he should check into it.
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Kudos to you Jan!! I can’t get past OHIO ROCKS Inc atrocious spelling to even begin to pick apart his flimsy legal argument.
JANNYPIE ROCKS!
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Have two versions, your original pictured above, and another one that Says ‘Ohio Fuckin’ Rocks” except for that tool, Jason White
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I saw your booth at ComFest in Cbus this weekend and FYI you’re amazing. I purchased a print of the Columbus grunge/skyscrape but I really wanted to get the print of The Ohio State University picture. I can’t seem to find it on your website but definitely interested in a large framed version (just wasn’t carrying enough money with me at ComFest). Please get ahold of me! Thanks
Sarah
sbstansell@roadrunner.com
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