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Is This Infringement

E = Mc2

By E = Mc2
in General geocaching topics

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E = Mc2

+E = Mc2

Posted
Posted

Came across this eBay auction the other day and sent an email to the PTB. No response as yet, so I thought I'd post it to ya'll.

 

Does it, in your opinion, violate the useage agreement for the Geocaching logo? If so, I gotta get one before they have to pull it... :P

 

In other eBay news, someone paid $4.50 plus #3.85 shipping for 50 empty film canisters. After getting a pickle bucket full of them from Meijer for free... Wow. I'm in the wrong business!

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Team GPSaxophone

+Team GPSaxophone

Posted
Posted

The logo guidelines are quite clear that you may not use the logo for commercial purposes. I's recommend sending an email to TPTB.

 

Interesting note: The seller claims to be from the "Rio Grande Valley". I wonder if he means New Mexico or Texas. I would assume he means Albuquerque, I'll check my local phonebook and see if I can find the company.

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aka Monkey

+aka Monkey

Posted
Posted (edited)

Even though the logo is screened lightly into the background and is used more as a "visual element" than anything else, it's still an infringement. And, unfortunately, once Groundspeak is aware of the infringement (assuming that's what it is) they are obligated by law to pursue it, or else they could lose all of their protections.

 

Yet another system designed by lawyers to perpetuate the use of lawyers. :D

Edited by Indiana Cojones
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IV_Warrior

+IV_Warrior

Posted
Posted
Came across this eBay auction the other day and sent an email to the PTB. No response as yet, so I thought I'd post it to ya'll.

 

Does it, in your opinion, violate the useage agreement for the Geocaching logo? If so, I gotta get one before they have to pull it... :D

 

In other eBay news, someone paid $4.50 plus #3.85 shipping for 50 empty film canisters. After getting a pickle bucket full of them from Meijer for free... Wow. I'm in the wrong business!

Was it film cannisters, aka what you use for microcaches, or cartridges, as in the part you actually put into the camera? I saw cartridges on sale on ebay before....

 

Oh yeah, and the other thing likely is a copyright infringement.

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hikemeister

+hikemeister

Posted
Posted

This is nuts -- what kind of idiot would buy something like that!

 

As for the film cannisters, I must be rich -- I have bags of them (all free from WalMart and Walgreens, which I regularly visit to collect them) -- we make CITO containers out of them, and dispense them for free from a local cache (C.I.T.O. South Florida) and at Geocaching events.

 

I thought this all was just supposed to be fun -- not a way to make a profit (well except for GC.com, of course, who profits from all of us logging onto this site so often that it helps them generate good adv revenue......wait, that's another topic.

 

:D

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JMBella

+JMBella

Posted
Posted (edited)

Forget the copyright infringement, the thing is lame. Any bozo with a graphic design program can do that. They didn't even do a good job. lame, lame, lame.

 

edit off topic: Nice web page CyBret. Enjoyed the stories. I didn't know you were so spiritual.

Edited by JMBella
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Team GPSaxophone

+Team GPSaxophone

Posted
Posted
This is nuts -- what kind of idiot would buy something like that!

 

As for the film cannisters, I must be rich -- I have bags of them (all free from WalMart and Walgreens, which I regularly visit to collect them) -- we make CITO containers out of them, and dispense them for free from a local cache (C.I.T.O. South Florida) and at Geocaching events.

 

I thought this all was just supposed to be fun -- not a way to make a profit (well except for GC.com, of course, who profits from all of us logging onto this site so often that it helps them generate good adv revenue......wait, that's another topic.

 

:D

I bought several of them to be used as frst finder's prizes. Then I realized not everyone will want a diploma without their own name on it. I was shocked that no one else wanted a "Sax Man" degree! B)

 

 

 

* I'm just kidding. I wouldn't waste my money on that **** :D

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E = Mc2

+E = Mc2

Posted
  • Author
Posted (edited)

Whew, I go caching and come home to this! To answer some of the questions that have been posed in my absence:

 

Yes, I sent it to 'logo@ :D ...'

 

Yes, the auction was for empty film canisters. The same person has listed some more. I just did a search for "Geocaching" and they came up.

 

I've been quick to link to CYBret's page on paperless here in the forums, myself. I, too, owe a heartfelt Thank You to Cybret for making the process so easy for me.

 

Edited fro speeling B)

Edited by emccoyii
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Swagger

Swagger

Posted
Posted
Actually, its both copyright and trademark infringement. But only of the logo. I don't believe Groundspeak owns the rights to the term "Geocaching" yet. TPTB should look into eBay's Verified Rights Owners program to shut these auctions down (without having to use a lawyer).

Typed Drawing

Word Mark GEOCACHING

Goods and Services IC 041. US 100 101 107. G & S: Providing on-line information for a GPS based treasure hunting game. FIRST USE: 20000801. FIRST USE IN COMMERCE: 20000801

IC 025. US 022 039. G & S: Clothing, namely shirts, hats, vests, jackets, shoes and pants. FIRST USE: 20000801. FIRST USE IN COMMERCE: 20010126

Mark Drawing Code (1) TYPED DRAWING

Serial Number 78045228

Filing Date January 26, 2001

Current Filing Basis 1A

Original Filing Basis 1A

Supplemental Register Date February 20, 2002

Registration Number 2619174

Registration Date September 10, 2002

Owner (REGISTRANT) GROUNDED INC. CORPORATION WASHINGTON 2111 3RD AVENUE WEST SEATTLE WASHINGTON 98119

Type of Mark TRADEMARK. SERVICE MARK

Register SUPPLEMENTAL

Live/Dead Indicator LIVE

 

Typed Drawing

Word Mark GEOCACHING

Goods and Services IC 016. US 002 005 022 023 029 037 038 050. G & S: printed materials, namely, books about GPS based activities

Mark Drawing Code (1) TYPED DRAWING

Serial Number 76537891

Filing Date August 15, 2003

Current Filing Basis 1B

Original Filing Basis 1B

Owner (APPLICANT) Morris Book Publishing, LLC LTD LIAB CO GEORGIA 725 Broad Street Augusta GEORGIA 30901

Attorney of Record Timothy E. Moses

Type of Mark TRADEMARK

Register PRINCIPAL

Live/Dead Indicator LIVE

 

May be an infringement against the "printed materials" trademark, which has not yet been granted.

 

I also question the validity of Groundspeak's trademark based on the prior art argument. I'm not a lawyer, however...

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seneca

+seneca

Posted
Posted (edited)
...And, unfortunately, once Groundspeak is aware of the infringement (assuming that's what it is) they are obligated by law to pursue it, or else they could lose all of their protections.

 

Yet another system designed by lawyers to perpetuate the use of lawyers.  :D....

 

I doubt it. Thankfully, government and people create enough work for lawyers without us having to go an fabricating any in this manner.

Edited by seneca
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Perfect Tommy

+Perfect Tommy

Posted
Posted

The key word in the information provided by Cruzin on Groundspeak's registration for the term GEOCACHING is the term "SUPPLEMENTAL" which some courts have construed to be effectively an admission that the term is descriptive of the goods and services covered by the registration. Being on the Supplemental Register, the registration does not enjoy any of the evidentiary presumptions conferred by the trademark law for marks on the Principal Register. Groundspeak can attempt to convert that Supplemental registration to a Principal registration after five years of continuous and exclusive use. Even with a registration, however, Groundspeak would be hard-pressed to get a judge to enforce its rights in the term "Geocaching" particularly in light of the many third party uses out in the relevant market. Even if they keep trying to build equity in the brand "Geocaching", a court may nevertheless cancel the registration and find it to be generic and free for all to use. This probability explains why the logo is used as a primary identifier.

 

As for the second reference, I would be surprised if the Patent and Trademark Office allowed that application through to registation. Titles of books, particularly those reflecting their subject matter, usually are refused registration.

 

As to "prior art" - Cruzin is using a term of art used in connection with patent infringement cases. However, as he divined, third party uses of "Geocaching" are relevant in any infringement analysis. I am sure Groundspeak is aware that others use the term "Geocaching" to describe the sport (and not Groundspeak's goods and services). What they are going to do about it is another question.

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