

Don't say "Would You Rather" - abest
http://blog.yourather.com/post/70907897801/dont-say-would-you-rather

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EdwardDiego
Boo to the editorializing in the submission description. Bullying? For trying
to enforce a trademark? Come now, I know software patents can be absurd in the
US of A, but trademarks are a different kettle of fish, so don't throw the
baby away with the bath water.

To the validity of the claim, I don't know how American trademark
classifications break down, but it seems that "You Rather" is in a similar
class of commercial activity as "Would You Rather...?" if I read this
correctly:
[http://tess2.uspto.gov/bin/showfield?f=doc&state=4803:l4gavd...](http://tess2.uspto.gov/bin/showfield?f=doc&state=4803:l4gavd.2.7)

In particular, class 41:

> IC 041. US 100 101 107. G & S: (Based on Use in Commerce) Entertainment
> services, namely, a multimedia program series featuring comedy, action and
> adventure distributed via various platforms across multiple forms of
> transmission media; Production of cable television programs. FIRST USE:
> 20111203. FIRST USE IN COMMERCE: 20111203

IANAL, but my gut feeling is that "You Rather" is pretty close to infringing,
and that their best hope lies in their second claim that "Would You
Rather...?" is a generic term.

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girvo
Now, I'm unsure of American trademark law, but I understand it's a "use it or
lose it" styled setup. Correct? Well, they took four years to challenge them,
if it went to court, and subpoenaed information shows that they knew about
yourather.com for years, would that work against them?

It seems like they ignored them waited until they were are ripe juicy target
that's worth taking over, and then attacked, which seems contrary to the point
of trademark law. I hate predatory shit like this: if you've got a trademark
and you plan on keeping it (and let's assume that use-it-or-lose-it is a good
idea for sake of argument), then waiting until you've got a monetary gain from
enforcing it seems no better than patent trolls to me.

Also, does iPhone games come under the same trademark category as board games?
An even better question: should it?

~~~
EdwardDiego
> Now, I'm unsure of American trademark law, but I understand it's a "use it
> or lose it" styled setup. Correct? Well, they took four years to challenge
> them, if it went to court, and subpoenaed information shows that they knew
> about yourather.com for years, would that work against them?

It can do. I imagine it'd also affect any damages awarded.

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oakwhiz
Would you rather comply with a cease-and-desist notice or preemptively
countersue?

