Tabberone is pronounced tab ber won |
|
The Tabberone™ Archives These articles concern what we consider major trademark and copyright issues. They are usually reproduced with the original source referenced. Bear in mind, these articles are copyrighted and commercial use without permission of the authors may be considered infringement. The intended use here is educational, commentary and non-commercial. The reason they are reproduced in the Tabberone™ Archives, as opposed to just providing a link, is because links disappear and pages are removed. That presents a messy confirmation process that is annoying to the browser (you) but also presents a credibility issue. We do not claim any rights in these pieces. Do not regard the absence of a copyright statement or © to mean the article is not copyrighted. Some sites do not have a copyright statement. When an article or a comment is posted on the internet by the copyright owner, the owner is seeking a world-wide, 24/7 audience; sometimes for a limited amount of time, sometimes indefinitely. In essence, an internet posting intentionally relinquishes one's copyright for exclusivity because the owner has posted it on the internet to been seen by everyone, everywhere. The Tabberone™ Archives non-commercial duplication of the posting is simply a continuance of the original wishes of the copyright owner. We post these articles for reference, for commentary and for confirmarion of our position. |
Source: http://www.ohioverticals.com/blogs/realestate/2009/10/who-doesnt-love-peeps/
January 20, 2010 - content has not been altered |
Who Doesn't Love Peeps!
by Tia on October 13, 2009 |
Just Born says it makes enough Peeps in one year to circle the Earth twice | I was very annoyed this morning when I read the article in The Plain Dealer about Just Born Inc., the Peeps People, suing Recycled Paper Greetings Inc. for using the word "Peep" in its greeting cards. Just Born Inc is upset (and rightfully so) because the word "Peep" is a registered trademark. |
Before we move on, I have to admit , I bought one of the cards. They were actually funny and it is hard to find a card that is actually funny. Most (I think) are crass and lame. If my stone heart felt joy from seeing the "Peep" card, who wouldn’t!?.
Ok – this is where I disagree with the JBI People….. The Plain Dealer Reports, "The 11-page complaint, filed in U.S. District Court in Indianapolis, accuses Recycled Paper Greetings of trademark infringement, false advertising, counterfeiting and deception for using Just Born's "distinctive and famous" chicks and bunnies or "confusingly similar variations" in its greeting cards. (I can see it BUT keep reading – a description of the cards are below and the part I disagree with is coming- I promise!) One card depicts two live chicks staring at what looks to be a Peep chick. One says: "She's had waaay too much Botox." Another card in the lawsuit says: "Happy Easter! From me and my peeps!" And a third shows a candy chick sitting next to a s'more screaming "Marsha!!! What Happened?!?" American Greetings Corp. of Brooklyn, which acquired the irreverent and edgy Recycled Paper Greetings brand for $151.1 million on Feb. 24, declined to comment on pending litigation. Just Born, based in Bethlehem, Pa., says it has suffered "irreparable harm to valuable Peeps trademarks" and is seeking a permanent injunction to prevent RPG from using Peeps, as well as damages, attorney's fees, and court costs. (RIDIC!!!!! HARM!!! This was the best thing that could have happened to JBI – they should just be mad they didn’t get a cut of the profits) Plain Dealer News Researcher Jo Ellen Corrigan contributed to this story. The cards were funny and while it was wrong of Recycled Paper Greeting to sell the card without permission from Just Born Inc and to use their images and the "peep" name, I can't help but feel in this day and age, free advertising is never bad thing…… © The Akron Beacon Journal |
General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Corporate Lawyers |
Definitions |
Federal Court Cases Alphabetically | by Federal Circuit | by Subject | by Court Quotations |
Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
|