BUMBLEBEE | 21 DECEMBER 2018 | The end of the Bayformers Universe

[Spidey Freak]

DC's Bumblebee was created before Transformers' Bumblebee. And it's an insect name. How the heck can that be trademarked?

 

 

[filmlover]

Change one or the other to "Lee Daniels' Bumblebee." Problem solved.

[Mojoguy]

Come on, Hasbro. Leave this poor girl alone!

[Barnack]

12 minutes ago, Spidey Freak said:

DC's Bumblebee was created before Transformers' Bumblebee. And it's an insect name. How the heck can that be trademarked?

 

 

Will need to read the trial, but a lot of it is about if a consumer could mix them up (if you start making toys/movie with Bumblebee name/color/etc... it would be different than a cake named bumblebee for example).

 

Creation date matter but is not all the story, reducing confusion in the market place is what those plaints will be about, and even if you were created after if you are much more popular that will be taken into account (say someone made something made Microsoft in 1960 say on some micro technology that handled wind noise better, he would still be limited in how he could use that has a brand in the software/IT hardware world), there is some use it or loose it logic into those things also:

 

http://jipel.law.nyu.edu/vol-4-no-2-2-mcdowall/

 

If you do not make a continues use of the mark and effort to generate sales with it, you can loose it.

Edited August 30, 2017 by Barnack

[Spidey Freak]

6 minutes ago, Barnack said:

Will need to read the trial, but a lot of it is about if a consumer could mix them up (if you start making toys/movie with Bumblebee name/color/etc... it would be different than a cake named bumblebee for example).

 

Creation date matter but is not all the story, reducing confusion in the market place is what those plaints will be about, and even if you were created after if you are much more popular that will be taken into account (say someone made something made Microsoft in 1960 say on some micro technology that handled wind noise better, he would still be limited in how he could use that has a brand in the software/IT hardware world), there is some use it or loose it logic into those things also:

 

http://jipel.law.nyu.edu/vol-4-no-2-2-mcdowall/

 

If you do not make a continues use of the mark and effort to generate sales with it, you can loose it.

Ok but the word Bumblebee itself is a public domain word so how can it be trademarked in the first place? Otherwise Disney would be trademarking public domain names like Snow White, Cinderella, Aladdin etc. 

[Barnack]

2 minutes ago, Spidey Freak said:

Ok but the word Bumblebee itself is a public domain word so how can it be trademarked in the first place? Otherwise Disney would be trademarking public domain names like Snow White, Cinderella, Aladdin etc. 

To make an extreme example, do you think you can do what you want with the word Apple on computer hardware/cellphone/software because it is a public domain word ? Amazon on something that do reselling, etc... ?

 

It is more complex then that, if a consumer could be mislead and someone take profit of a word/brand you did put a lot of money promote it can become an issue.

 

You cannot put someone that look like a old captain like captain Morgan on a Rum bottle for example, even if everything is public domain about being and old ship captain and that you can do it on anything else than a rum bottle.

 

They are case by case element that need a judgement to be made.

 

https://secureyourtrademark.com/can-you-trademark/common-words-phrases/

 

Why was this allowed? Because the word “apple” is an arbitrary word when used in connection with the manufacture and sale of computers and computer programs, or tobacco products, or educational materials. That is, there is nothing about these products that relates to “apples”. Accordingly, the term “APPLE” is actually a pretty strong trademark, as is the case when you apply a completely arbitrary term (however common it may be) to promote your products or services.

 

Context is Everything

Trademarks are not about owning a word or phrase. It is about providing companies with distinctiveness and preventing consumer confusion. If another company producing computers or computer programs called itself Apple Hardware or Apple Electronics, then Apple Inc. could sue them for trademark infringement. But if Honda wanted to create a car called the Honda Apple, then Apple Inc. would have a very hard time getting them to stop. There is little to no chance that consumers would confuse Honda’s car with Apple’s computer products.

Further proof that registering a trademark does not bestow total ownership of the word: six different companies have trademark registrations for the word “TRADEMARK”. There are another 10 going through the process with the USPTO. Yet each company uses the mark for its own distinctive products, and none confuses consumers by using the term in association with said products.

[aabattery]

All this talk about Transformers and DC.

 

But don't the BEES get a say?

 

[WrathOfHan]

 

[Ethan Hunt]

6 hours ago, WrathOfHan said:

 

dear lord

[KeepItU25071906]

On 8/30/2017 at 8:08 AM, Spidey Freak said:

Ok but the word Bumblebee itself is a public domain word so how can it be trademarked in the first place? Otherwise Disney would be trademarking public domain names like Snow White, Cinderella, Aladdin etc. 

As I know "Bumblebee" trademark DC registered also before Hasbro did it.

[4815162342]

On 8/30/2017 at 0:59 AM, Barnack said:

Will need to read the trial, but a lot of it is about if a consumer could mix them up (if you start making toys/movie with Bumblebee name/color/etc... it would be different than a cake named bumblebee for example).

 

Quote

The suit claims that the DC “Bumblebee” — a teenage girl with the ability to shrink — could easily be confused with the Autobot “Bumblebee.”

 

[marveldcfox]

11 hours ago, Ethan Hunt said:

dear lord

michael bay's imprint is all over this. 

[aabattery]

12 hours ago, 4815162342 said:

 

 

 

Maybe that's the twist in the Bumblebee movie.

 

Hailee Steinfeld is Bumblebee.

[bruchav]

Lol, Hasbro nerver will win it.

[4815162342]

2 hours ago, aabattery said:

 

Maybe that's the twist in the Bumblebee movie.

 

Hailee Steinfeld is Bumblebee.

 

Haile Steinfeld + Bee Movie = Ethan collapsing into a flesh sack because he ejected every single fluid in his body

[dashrendar44]

On 30/08/2017 at 7:19 AM, aabattery said:

All this talk about Transformers and DC.

 

But don't the BEES get a say?

 

[Barnack]

The court case that was filed:

https://www.courthousenews.com/wp-content/uploads/2017/08/HASBRO.pdf

[Rorschach]

On 8/30/2017 at 0:19 AM, aabattery said:

All this talk about Transformers and DC.

 

But don't the BEES get a say?

 

Bumblebee but every time they say "bee" the script of the bee movie is read in its entirety

[SLAM!]

1 hour ago, Barnack said:

The court case that was filed:

https://www.courthousenews.com/wp-content/uploads/2017/08/HASBRO.pdf

 

[Box Office Hit]

Optimus Prime Confirmed For ‘Bumblebee’ Spin-Off