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Joined 2 个月前
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Cake day: 2026年9月3日

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  • Just so you know, they didn’t provide a straw man argument (which is necessarily a weakened position[hence straw]), they provided a statement of fact. Source: degree study in logic and philosophy.

    You could respond that you found the fact irrelevant, but it seemed apposite and insightful to me.

    I knew pedantic idiots like you would conflate the word “generic” with with the legal term “generic trademark.”

    You mean people who know trade mark law would challenge your incorrect use of generic. There’s no such thing as a “generic trademark”, fwiw, though I realise you’re unwilling to learn.

    I can’t open a shop at the State Fair and trademark “turkey legs” because I’m selling shoes that look like turkey feet

    Yh, you’ve still got it wrong. You 100% can do this, because a trade mark applies in a trading category (except for ‘famous’ marks). So Apple Music can have a trade mark of “Apple” for selling goods in the music category (famously infringed by Apple Computers), etc., but cannot have a trade mark for selling things with the mark Apple that covers fruit sales, say; because “Apple” is not distinctive in that field of industry. Actually applications are in something called a Nice class (though AIUI there is a specific classification USPTO use that is narrower than the international Nice class).

    There’s a close example to your “turkey leg” - for 6 years “ham hock” (ie pig leg) was a registered trade mark, https://tmsearch.uspto.gov/search/search-results/77579235. Why was it allowed? Well because it was for a board game, class 028, and so didn’t stop people from selling actual ham hocks.

    I’m not 100% on trade marks in USA, but “confusion” in trade mark law usually has a specific test before the law that is not the same as merely requiring that consumers be confused. Like genericisation, confusion does not have its common meaning when discussing trade marks.









  • You keep saying it’s generic, but you clearly don’t understand the term as used with trade marks. Generic means it describes a product. So “Step up” couldn’t be used for a stair company as competitors couldn’t then describe “adding a step up to your front door”, or whatever, without risking infringement.

    Genericisation then is when a trade mark becomes used descriptively - dumpster, is a classic example, another is jeep.

    “Demon Hunters” would be generic if the business operation was hunting supernatural beasts and a judge determined that to be a real occupation … a singer/songwriter who called themselves “Solo Artist” would be generic.

    There’s acquired distinctiveness too, which is why “pianoman” could be a trade mark (I’m not sure if it is, probably still not distinctive enough).


  • The problem is that whilst the main issues we face are climate change and billionaires; it is still necessary to recognise that many immigrants have exploited their new host countries and we - in Western Europe at least - have been poor at weeding out the bad even when they’re not hiding.

    If you look globally, then The West is well off, a just balance of wealth means that almost all of us will have to be poorer. Humans are typified by greed, it drives us. In order to avoid major conflict we need leaders who have morality as a guide, but we’re either too dumb or too greedy at a tribal level to rally behind these leaders.



  • I don’t know … they followed the obviously illegal orders to go to war without congressional approval. They betrayed their oath to the constitution and favored Trump instead. Getting stiffed by Trump, as everyone expects of Trump, seems hardly something we should care about. Trump called them suckers, they chose to turn their backs on USA and follow Trump. It is of course sad when anyone gets hurt, but being willing participants in an unlawful and unjust war that is only about moving the stock market to make Trump rich … when Trump has betrayed the constitution practically every day …