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Roller Derby Forum Discussions about banked-track and flat-track roller derby events, teams, skaters, and training methods.

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Old April 16th, 2009, 03:04 PM   #1
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Unhappy Frito-Lay suing roller derby skater over use of 'Crackerjack'

http://77square.com/citylife/features/story_447246
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Old April 16th, 2009, 03:13 PM   #2
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She used to skate for our local league, the Mad Rollin' Dolls.
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Old April 16th, 2009, 05:36 PM   #3
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How ridiculous. I suppose Jawbreaker's next. So stupid.
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Old April 16th, 2009, 06:52 PM   #4
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Aww....for cryin out loud.

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Old April 16th, 2009, 07:36 PM   #5
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WOW. I have no words. This is ridiculous. I hope everyone boycotts Frito-Lay.
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Old April 16th, 2009, 08:09 PM   #6
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The more I think about this, this is GREAT press for derby. It sucks for Crackerjack, no doubt though. Hopefully she will win her case. If not, maybe she can change her name to CrackerSmack. Haha.
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Old April 16th, 2009, 11:13 PM   #7
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Tim Hortons tried this exact thing against a Pro Fisherman once

But guess what ? the Pro Fisherman's Legal Birth name is indeed Tim Horton
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Old April 16th, 2009, 11:35 PM   #8
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Quote:
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Tim Hortons tried this exact thing against a Pro Fisherman once

But guess what ? the Pro Fisherman's Legal Birth name is indeed Tim Horton

Everyone can go to the fritolay.com website and contact them. It takes a few moments to fill out your information so they know you aren't a 'bot'.

Fill it out, let them know how outraged you are over this.

A DerbySkater cannot be confused for a sweet tasting snack, that honestly is not what it once was. I mean really no cool toys anymore? Who wants temporary tatoos? Hardly any peanuts, plus the box size is much smaller.

Boo to Frito Lay, down with Corporate America
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Old April 22nd, 2009, 03:31 PM   #9
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It wouldn't be a problem if it weren't for the fact she wants to trademark the name. that's where the legal argument comes in.
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Old April 22nd, 2009, 04:01 PM   #10
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A DerbySkater cannot be confused for a sweet tasting snack, that honestly is not what it once was. I mean really no cool toys anymore? Who wants temporary tatoos? Hardly any peanuts, plus the box size is much smaller.
Therein lies the problem... it isn't just sweet, it is salty, too. Nature's perfect food. I don't know how they do it....

I do agree that the prizes are pretty lame now... now you know what you are going to get, before it could be a tattoo, a lenticular picture of Spiderman, a plastic car pretty much anything... the box contained not only a tasty snack, but a huge helping of mystery, as well.

Now I do not know where to go for my USRDA of mystery.
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Old April 22nd, 2009, 04:27 PM   #11
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It wouldn't be a problem if it weren't for the fact she wants to trademark the name. that's where the legal argument comes in.
The legal name of the product is two words, not one, and the word "crackerjack" predates said product by several decades.
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Old April 22nd, 2009, 04:35 PM   #12
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Default Perfectly Reasonable from a Patent/TM viewpoint

Hi ALL,

Quote:
Originally Posted by Skaten Worshiper;278721
[URL="http://77square.com/citylife/features/story_447246"
http://77square.com/citylife/features/story_447246[/URL]
When I read the above link it seems Frito Lay was spot on the mark.
Congrats Frito Lay.

It is one thing for us (roller derby, and other) to use sudonames that are trademarked by companies in a casual, non-profit, or fun way. Yet when we cross the line and use them commercially to make a personal or company profit they should challenge the usage and we should lose the battle.

Yours in Skating, MA/NY Skating Dave

P.S. Over the years my best advice for organizations that want to use TM names from Disney and other companies is to ASK them for approval. Normally they approve or just don't respond.
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Old April 22nd, 2009, 06:06 PM   #13
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Quote:
Originally Posted by MANY_SkatingDave View Post
Hi ALL,
When I read the above link it seems Frito Lay was spot on the mark.
Congrats Frito Lay.

It is one thing for us (roller derby, and other) to use sudonames that are trademarked by companies in a casual, non-profit, or fun way. Yet when we cross the line and use them commercially to make a personal or company profit they should challenge the usage and we should lose the battle.

Yours in Skating, MA/NY Skating Dave

P.S. Over the years my best advice for organizations that want to use TM names from Disney and other companies is to ASK them for approval. Normally they approve or just don't respond.
What part of "the word and the product name are not the same" do you not understand?
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Old April 22nd, 2009, 06:27 PM   #14
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Quote:
Originally Posted by Fresh Eddie Fresh View Post

Now I do not know where to go for my USRDA of mystery.
In almost any lunch-meat other than delicious, nutritious, Boar's Head Brand.
Buy Boar's Head, it pays my bills.
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Old April 22nd, 2009, 06:44 PM   #15
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Quote:
Originally Posted by MANY_SkatingDave View Post
Hi ALL,



When I read the above link it seems Frito Lay was spot on the mark.
Congrats Frito Lay.

It is one thing for us (roller derby, and other) to use sudonames that are trademarked by companies in a casual, non-profit, or fun way. Yet when we cross the line and use them commercially to make a personal or company profit they should challenge the usage and we should lose the battle.

Yours in Skating, MA/NY Skating Dave

P.S. Over the years my best advice for organizations that want to use TM names from Disney and other companies is to ASK them for approval. Normally they approve or just don't respond.

Oddly enough from that same article her attorney disagrees with you.

What Bell is seeking for her avatar's name in the video game is technically a "service mark," a designation that covers performers and athletes, not food goods. Cracker Jack, in comparison, is a trademark for a food. In other words: if Bell, aka "Crackerjack," was a potato chip brand, Frito-Lay might have more of a case.

"Frito-Lay might hold a trademark registration for Cracker Jack in connection with candy, but just because "Cracker Jack" the candy is well-known does not mean that Frito-Lay is entitled to a monopoly on the word "crackerjack" in connection with all goods and services," Heraty explained via email on Wednesday morning.
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Old April 22nd, 2009, 06:45 PM   #16
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In almost any lunch-meat other than delicious, nutritious, Boar's Head Brand.
Buy Boar's Head, it pays my bills.
Now that you have admitted that, your inbox will be filled with "wheels for meat" offers!
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Old April 22nd, 2009, 06:48 PM   #17
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Oddly enough from that same article her attorney disagrees with you.

What Bell is seeking for her avatar's name in the video game is technically a "service mark," a designation that covers performers and athletes, not food goods. Cracker Jack, in comparison, is a trademark for a food. In other words: if Bell, aka "Crackerjack," was a potato chip brand, Frito-Lay might have more of a case.

"Frito-Lay might hold a trademark registration for Cracker Jack in connection with candy, but just because "Cracker Jack" the candy is well-known does not mean that Frito-Lay is entitled to a monopoly on the word "crackerjack" in connection with all goods and services," Heraty explained via email on Wednesday morning.
I she allowed to wear a sailor hat and straddle a tiny dog, while saluting?

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Old April 22nd, 2009, 06:52 PM   #18
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I'd consider that personal choice, but really it would be up to the dog :-)
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Old April 23rd, 2009, 10:19 AM   #19
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Quote:
Originally Posted by MANY_SkatingDave View Post
...
sudonames ...
I just had a massive geek-out. My derby name could be a SUDO NAME and it would be all powerful and make people do things (a la "sudo make me a sandwich")

And then I realised that he meant pseudo-name. Working nights makes my brain not quite right.
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Old April 23rd, 2009, 01:27 PM   #20
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Quote:
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I just had a massive geek-out. My derby name could be a SUDO NAME and it would be all powerful and make people do things (a la "sudo make me a sandwich")

And then I realised that he meant pseudo-name. Working nights makes my brain not quite right.

I think he meant "pseudonym." But Sudo Name is a cool derby "pseudonym," too!
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