• Woman Trademarks Her Name, Says No One Can Use It Without Her Permission
    143 replies, posted
[img]http://www.techdirt.com/images/techdirt.png[/img] [url=http://www.techdirt.com/articles/20100915/00102711022.shtml]Source[/url] [release]It's no secret that many people are quite confused about how patents, trademark and copyright law work at times. In fact, we've frequently pointed out that it's rather unfair to lump trademarks in with copyright and patents, because trademarks are so different. Whereas copyright and patents are all about a right to exclude via a monopoly privilege, trademark is about consumer protection, and is under an entirely different part of the constitution. Unfortunately, those who favor the "intellectual property" terminology have lumped the three together, leading many people to falsely believe that trademarks are effectively similar to patents and copyright -- especially with respect to the right to demand no one else can use a trademark in any way without permission. As folks like Leo Stoller have learned the hard way, that's simply not true. However, it doesn't stop some of the more amusing claims from folks who do think that they have extreme control over a trademarked term. Reader darus67 points us to the the website of one Dr. Ann De Wees Allen, who makes it quite clear she has a trademark on her name, and anyone using it without permission will be in trouble: Dr. Ann de Wees Allen's name is a Federally Registered Trademark. It is illegal to use the name (Dr. Ann de Wees Allen) on any website or document without prior written permission. She even goes so far as to post a list of websites "illegally" using her name, as well as a copy of the cease and desist letter (pdf) her lawyers will send you. Now, it may very well be that some of the sites in question are, in fact, violating her trademark (and at least one of the pages I've found does appear pretty questionable from a trademark standpoint) but the blanket claim that "it is illegal to use the name on any website without prior written permission" is simply false. That's not how trademark law works. Dr Ann De Wees Allen does, in fact, have a trademark on her name, used in commerce related to dietary supplements, but just because you have a trademark, it does not mean you have complete control of the mark. Separately, I should note that Dr. Ann De Wees Allen's website has an amusing bit of javascript that tries to prevent you from copying and pasting any text and on doing something so simple as right clicking and trying to open a link in a new window. The best part, though, is if you have javascript enabled, and do try to right click, a pop up windows shows up with the text saying "Copyright Protect!" Yeah, so it appears that not only is there some confusion over trademark law, but copyright law as well. Dr. Ann De Wees Allen also claims to have patents -- though, it does seem odd when you look at her patents webpage that it fails to list a single patent number, but just claims "patents" on a long list of things. A quick Google search does show two patents and one application with her listed as the inventor, though it's entirely possible there are more. Still, giving the somewhat broad claims of what she's patented on her patent page, it does make you wonder if she might be opening herself up to false marking claims. Patents, trademarks and copyright are all very interesting subjects at times, but it's rare to find a case where someone potentially has confused how all three work. [/release]
Dr. Ann de Wees Allen Oh shit were gonna get sued
Dr. Ann de Wees Allen hmm, I should register dr.anndeweesallen.com :smug:
Everyone change their name to Dr. Ann de Wees Allen.
Dr. Ann de Wees Allen the internet where would we be without it
Dr. Ann de Wees Allen So what do I win?
Dr. Ann De Wees Allen :iceburn:
I'm gonna sue you all.
[QUOTE=Dr Ann de Wees;24943885]I'm gonna sue you all.[/QUOTE] Go away Dr. Ann de Wees Allen
[B]Dr.[/B] Phil is a great show, don't you think? It's always funny when silly people go on there like this one time they had this fat chick named [B]Ann[/B] and her "boo" [B]de Wees[/B] and they were fighting it out over their son [B]Allen[/B], shit was funny, man.
That name is retarded who would want to use that name anyway
What a bitch.
[QUOTE=Dr Ann de Wees;24943885]I'm gonna sue you all.[/QUOTE] Well fuck...
Fuck, get that shit off of here! Delete the thread! Remove the entry from the database and backups! That woman will sue Facepunch! :(
It's too late, my lawyers are already sending cease and desist letters to each and every one of you in this thread who've illegally used my name.
Internet of the future: Pirating names
We're so sorry Dr Ann de Wees Allen.
[url]http://www.anndeweesallen.com/Nutrilab-LEGAL/Nutrilab-LEGAL1.pdf[/url] [editline]10:39PM[/editline] Also, Dr. Ann De Wees Allen.
So, miss Dr. Ann de Wees Allen, what are you hoping to achieve with this?
I'll just copy-paste a comment from Slashdot: It's a common misconception that a trademark registration gives you some sort of proprietary right over the mark. People think that it'll allow them to stop anyone from even mentioning the mark. But the problem for them is that a trademark is not designed to give them property rights, but designed to prevent the public from being mislead about the origins of a product. In order to infringe a trademark, the public must have a likelihood of confusion as to which product they're buying or using. So, if a company infringes claims to be Dr. Ann De Wees Allen's company and starts selling a competing product, then she'd have a case against them. She has absolutely no case against someone just mentioning her name off-hand. My post mentioning "Dr. Ann De Wees Allen" does not create any confusion in the person reading my post that somehow my post is actually from "Dr. Ann De Wees Allen". She's got a worthless trademark. The funny thing is that she's actually got a fairly well known IP firm to prosecute the trademark, so she must've spent at least several thousand dollars in getting this worthless trademark registration. I wonder if the firm warned her that the mark is useless and she persisted anyway, or if the firm omitted the worthless nature of the mark to her. On a sidenote, for hilarity's sake, let's refer to her as "She Who Cannot Be Named."
[url]http://steamcommunity.com/id/dranndeweesallen[/url] Time to play some TF2!
[QUOTE=Bi0hazard;24944418][url]http://steamcommunity.com/id/dranndeweesallen[/url] Time to play some TF2![/QUOTE] [url]http://www.anndeweesallen.com/Nutrilab-LEGAL/Nutrilab-LEGAL1.pdf[/url]
Dr. Ann de Wees Allen is a pretty cool guy.
Dr Ann De Wees Allen is apparently a very dumb doctor.
It's only a matter of time... [IMG]http://grab.by/grabs/7bd350c0db5a7f072a405197b9b2f199.png[/IMG]
Dr. Ann de Wees Allen
Dr. Ann de Wees Allen is the bees knees
I fucking knew it i went to medschool with her. Ann de wees allen was my idea and she stole it! My idea i tell you!
Dr. Ann de Wees Allen OH SHI-
Dr. Ann de Wees Allen It's Carla Franklin is a whore all over again.
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