Spyke

Replies

Comment on

Christian metal band sues netflix because google won't show them anymore.

Reply in thread

Not only do you not know what makes a potential trade mark generic, but you don't know what a straw man is either ...

You're sort of right about the names, but know of standing in this case has the given name "Demon Hunter", it's a band name.

Trade mark is a registered IP right, it doesn't matter if you intended to infringe it, you can't trade using someone else's registered name (in the same field of commerce, and same geographic area).

Comment on

Christian metal band sues netflix because google won't show them anymore.

Reply in thread

Nintendo has a line of Demon Hunter games. D&D has a class Demon Hunter.

Fwiw, games and video games fall into difference Nice classes (commercial areas of application of trade marks). Without those things being international household names in and of themselves then it's not relevant; unless you were saying that Nintendo or a D&D company had registered the trade marks for music already.

Comment on

Christian metal band sues netflix because google won't show them anymore.

Reply in thread

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).

Comment on

Pentagon refuses payout for soldiers who died in Iran conflict ‘because it isn’t a war’

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 ...

world

Comment on

Far-right AfD predicted to win big in crucial German state election

Reply in thread

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.

You reached the end