[ home / board list / faq / random / create / bans / search / manage / irc ] [ ]

/nofap/ - Fappers Anonymous

A support group for getting your fap addiction under control.

Catalog

See 8chan's new software in development (discuss) (help out)
This board is in no way affiliated with or endorsed by NoFap, LLC.
Name
Email
Subject
Comment *
File
* = required field[▶ Show post options & limits]
Confused? See the FAQ.
Embed
(replaces files and can be used instead)
Options
Password (For file and post deletion.)

Allowed file types:jpg, jpeg, gif, png, webm, mp4, swf, pdf
Max filesize is 8 MB.
Max image dimensions are 10000 x 10000.
You may upload 5 per post.


If you fall off the wagon, get back on.

File: 1446534398949.jpg (30.77 KB, 640x480, 4:3, 1444043697994.jpg)

 No.989

I have no idea if this was a thing, but I thought maybe some legal discussion would be good for the nofappers.

Recently I read the poal.me ( http://poal.me/p6ez8c ) stating that there was some potential leeway for legal trouble and I'd like to clarify to the best of my knowledge and the resources available.

7. What constitutes trademark infringement?

If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. 15 U.S.C. �� 1114, 1125. The standard is "likelihood of confusion." To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant's intent. Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir.), cert. denied, 368 U.S. 820 (1961).

Furthermore:

(1) Any person who shall, without the consent of the registrant—

(a) use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or

(b) reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive,

shall be liable in a civil action by the registrant for the remedies hereinafter provided.

TL;DR

No product, no logo, no dice.

Sources:

https://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm#7

https://www.law.cornell.edu/uscode/text/15/1114

www.google.com - Search: "What constitutes infringement of copyright."

Enjoy, No-fappers.

Pic sorta-related. MFW

 No.990

As a disclaimer I'm not a lawyer and I still suggest a professional is consulted over this.

The really important thing to bear in mind is that a service is not being purchased so you're not robbing the official NoFap from any revenue.




[Return][Go to top][Catalog][Post a Reply]
Delete Post [ ]
[]
[ home / board list / faq / random / create / bans / search / manage / irc ] [ ]