regarding the ownership of cosplay - Page 11 - SGCafe - Cosplay | Anime | Dollfie

vince123123 · 28-08-2005, 02:08 PM

Well the tone of your original msg gave me the impression that you're going for the petition method as a way to invalidate the registered trade mark - there was only one oblique reference to it being a "possible" method. Anyway now that you said that it is NOT a sure way and only a POSSIBLE way, your stand has been clarified.

I'd go on to say that the petition alone is not a grounds for invalidation and merely a means of evidence to show invalidation under s7(4).

Anyway, ALL IP rights are about monopolising. You may have taken a different perspective, but it remains the same. To use your analogy to patents, you also can't earn any revenue unless someone approaches you for licensing rights. I don't see how its any different. the term "royalties" just mean licensing fees, and is not confined to patents alone, it can apply to any IP right capable of being licensed.

Quote:

Originally Posted by KeoKepa

i did ask him about this when i was speaking to him over this trademark issue.

it is because trademarking something like "cosplay" which is an activity instead of a product name/product is very arguable. it's as good as trademarking something like "basketball" , "swimming" or "clubbing".

thus it IS possible to revoke his trademark rights based on this.

and trademarking is NOT about monopolising.
it is about protecting your rights to use the entity which you have trademarked. in normal cases, a company's or product's name.
and no revenue can be made through this unless someone approaches you, seeking permission to use the trademarked entity and you demand payment for their usage. for royalities paid, it is for patented products, not trademarked entities.

======
i prefer not to talk about this any more as i have nothing else to say on this.

argue for all i care on what i said, i can't be bothered with this anymore.

and oh.
if you didn't read my post properly. i did mention the petition is just a possible method. NOT one which guarantees results. do not assume that this is a "sure-win" method in which you can use in in the court of law for revoking someone's rights to a trademark.

RayWing · 29-08-2005, 03:16 PM

Sidetracking...

Quote:

Originally Posted by digifreaks

i guess ray's just a person who sticks to his priniciples VERY strictly and would not hesitate to argue/flame anyone who challenges his priniciples. he doesn't go flaming everyone for no reason.

Thanks for the understanding. =)

Quote:

Originally Posted by Tsubasalight

But still quarreling at other people's thread is bad, and calling someone you don't know a devil is even worse.

Well please let me make it clear here on the issue with ZeroCool...
We all saw what he posted. We saw the way he responded to other people and the way he 'argues'. And everyone saw the rationale replies I gave to him before I gave up and decide that reasoning is not going to work. Cool?

Shu · 30-08-2005, 04:29 PM

Anyone read the Straits Times today? First page of the Home section. A man took out a trademark for the name 'Old Hokkien' for his restaurant and then tried to sue a woman for using the same title for her own eatery. He lost because the judge ruled that the name 'Old Hokkien' is descriptive and should not monopolized as a trademark.

The guy now has to pay $100 000 in damages...

Mirage_cld · 30-08-2005, 06:49 PM

Quote:

Originally Posted by Shu

Anyone read the Straits Times today? First page of the Home section. A man took out a trademark for the name 'Old Hokkien' for his restaurant and then tried to sue a woman for using the same title for her own eatery. He lost because the judge ruled that the name 'Old Hokkien' is descriptive and should not monopolized as a trademark.

The guy now has to pay $100 000 in damages...

I read it....raise quite a valid point for the "cosplay" case as well....

Taka: perharps u wld like to do more casestudies on trademark lawsuits to evaluate the ur success rate in a lawsuit incase anyone really infringe ur trademark.....as I have told u a few weeks ago, u cant win a lawsuit for this trademark...so pls do take into consideration wat I have adviced for the ur own good...

And perharps u wld like to noe this trademark may threaten a cross border national interest... With reference to the Orchard-Ginza Twinning in 2002 by Singapore & Japan. Cosplay was included in the culture section in the press conference in STB attended by the some big shots in Japan and president Nathan....I am sorry if I forgot to inform u of this when I brought u into SCC....

I understand u registered the trademark to protect cosplayers from other commercial entities out there.....but perharps u wld like to reconsider.....far too risky for u....there are more than one way to protect cosplayers u noe...=) Other ppl can also play a part in protecting cosplayers...u dun need to fight the battle alone =)

Lacus Clyne · 30-08-2005, 07:21 PM

But since the word :cosplay" have already been trademark...
If people really wanna do any cosplay related stuffs
etc the most ask Takahan first nya...*scratch head*
I think he will gladly share with people nya....XD
How come making things so complex....

Black Mamba · 30-08-2005, 11:02 PM

Quote:

Originally Posted by Lacus Clyne

But since the word :cosplay" have already been trademark...
If people really wanna do any cosplay related stuffs
etc the most ask Takahan first nya...*scratch head*
I think he will gladly share with people nya....XD
How come making things so complex....

I guess it's because, in the first place, why does anyone have to go ask permission from Takahan to use the word 'cosplay' when it's a free concept in the beginning. Last time I heard, cosplaying is available to anyone who's interested to do it.

And rubbish about asking Takahan personally to clarify instead of posting here. I strongly feel that cosplay is something that is open to everyone and this should include being open about anything that's going on in this community since it has the potential to affect us all as well.

Who knows, I might want to start a business one day selling cosplay costumes, and I certainly don't want to go beg consent from Takahan whether I can or not.

And I find his continued silence on this subject extremely damning.

Marchecoz · 31-08-2005, 12:46 AM

hmm i think only the person who create this theme "cosplay" then hav that right to trade mark it ,not even mentioning abt trademarking it cost you did not even create it ,just because you introduce it does not give you the every right to trademark the word....

thats just my opinion,no offence at all to anyone...

i mean it is everyone interest ...why sort of in anyway let it affect the passion or feelings we hav for cosplay or cosplayers...?

and the restaurant ,old hokkein produce really nice food ,i mean the original one i ate it before with my family, try it if you are free

again thats only my opinion...no offence..

Lacus Clyne · 31-08-2005, 09:33 AM

Quote:

Originally Posted by Black Mamba

I guess it's because, in the first place, why does anyone have to go ask permission from Takahan to use the word 'cosplay' when it's a free concept in the beginning. Last time I heard, cosplaying is available to anyone who's interested to do it.

And rubbish about asking Takahan personally to clarify instead of posting here. I strongly feel that cosplay is something that is open to everyone and this should include being open about anything that's going on in this community since it has the potential to affect us all as well.

Who knows, I might want to start a business one day selling cosplay costumes, and I certainly don't want to go beg consent from Takahan whether I can or not.

And I find his continued silence on this subject extremely damning.

I get your point...
But since is already trademark, what you expect him to do also?
Ask him not to trademark it anymore?
If really wanna sell cosplay costumes...
Well, at most just use other word then the word cosplay nya...
Is also not as if Takahan started or have already banning people from cosplaying right? :/

But before the starting of this thread, people also dunno about the
trademark thing and also using the word cosplay...
Such as ebay, yahoo auctions etc...
If Takahan really wanna sue or take actions, he can do so earlier on...
But he still remain the trademark thing silence until now ma....

ZenShin · 31-08-2005, 12:49 PM

I agree....only thing you kids can kick yourself for is not thinking of registering it as a trademark before him, so stop squabbling over the ownership of cosplay and leave takahan alone, now...as long as it's a non-profit event the trademark clause doesnt come into effect, he owns cosplay as a name so anyone trying to use the name cosplay has to pay him if he deems fit

what takahan has done so far, or hasnt done, is to sue every single one of you for using that trademark for profit
so please keep in mind.......takahan is done quite a bit for the cosplay community

Black Mamba · 31-08-2005, 02:28 PM

Quote:

Originally Posted by ZenShin

I agree....only thing you kids can kick yourself for is not thinking of registering it as a trademark before him, so stop squabbling over the ownership of cosplay and leave takahan alone, now...as long as it's a non-profit event the trademark clause doesnt come into effect, he owns cosplay as a name so anyone trying to use the name cosplay has to pay him if he deems fit

what takahan has done so far, or hasnt done, is to sue every single one of you for using that trademark for profit
so please keep in mind.......takahan is done quite a bit for the cosplay community

Oh please, not the 'Leave Takahan alone because he's done so much for the local cosplaying community!!' sentiment again

Does that automatically allow him to take out a trademark for cosplay then without informing the majority of cosplayers and thereby effectively making him the de-facto Lord and Master over anyone who might actually think of venturing into cosplay as a business?

Sure, kudos to him for thinking of this strategy before anyone else. But the least he could do is to drop a message somewhere and explain why he did what he did instead of doing it in this covert manner. It's the principle of the whole entire affair and the way he conducted it that I find objectionable.

And maybe he hasn't sued anyone yet because no one has really set up a proper licensed business that uses the word 'cosplay' in its name or that sells cosplay related items.

But whatever.

digifreaks · 31-08-2005, 03:17 PM

this thread is still in existence? ah well. better to let it sink? all these discussions won't do anyone any good. so why don't we just drop it?

Destructos · 31-08-2005, 03:20 PM

Quote:

Originally Posted by digifreaks

this thread is still in existence? ah well. better to let it sink? all these discussions won't do anyone any good. so why don't we just drop it?

Think it'll suffer the same fate as the 'Unhappiness due to..." thread???

digifreaks · 31-08-2005, 03:21 PM

Quote:

Originally Posted by Destructos

Think it'll suffer the same fate as the 'Unhappiness due to..." thread???

well that would depend A LOT on us, don't you think?! *evil grin*

Destructos · 31-08-2005, 03:25 PM

*grins too*

digifreaks · 31-08-2005, 03:26 PM

you think people will flame us for spamming?

31-08-2005, 12:49 PM	#159 (permalink)
ZenShin Senior Member Join Date: Jun 2005 Posts: 590 Trade rep: 0 (0%)	I agree....only thing you kids can kick yourself for is not thinking of registering it as a trademark before him, so stop squabbling over the ownership of cosplay and leave takahan alone, now...as long as it's a non-profit event the trademark clause doesnt come into effect, he owns cosplay as a name so anyone trying to use the name cosplay has to pay him if he deems fit what takahan has done so far, or hasnt done, is to sue every single one of you for using that trademark for profit so please keep in mind.......takahan is done quite a bit for the cosplay community Last edited by ZenShin; 31-08-2005 at 12:54 PM.

31-08-2005, 03:25 PM	#164 (permalink)
Destructos Member Equipped With Machine Gun For Posting Join Date: Jul 2005 Location: Amongst the Catacombs of Nephren-Ka Posts: 10,338 Trade rep: 0 (0%)	grins too __________________ \m/ Shitstorms r Us

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

30-08-2005, 04:29 PM	#153 (permalink)
Shu Senior Member Join Date: Mar 2005 Posts: 266 Trade rep: 0 (0%)	Anyone read the Straits Times today? First page of the Home section. A man took out a trademark for the name 'Old Hokkien' for his restaurant and then tried to sue a woman for using the same title for her own eatery. He lost because the judge ruled that the name 'Old Hokkien' is descriptive and should not monopolized as a trademark. The guy now has to pay $100 000 in damages...

30-08-2005, 07:21 PM	#155 (permalink)
Lacus Clyne Post-Crazy Member Join Date: Sep 2004 Location: Haro garden Posts: 3,205 Trade rep: 0 (0%)	But since the word :cosplay" have already been trademark... If people really wanna do any cosplay related stuffs etc the most ask Takahan first nya...scratch head I think he will gladly share with people nya....XD How come making things so complex....

31-08-2005, 12:46 AM	#157 (permalink)
Marchecoz Post-Crazy Member Join Date: Nov 2004 Posts: 1,733 Trade rep: 0 (0%)	hmm i think only the person who create this theme "cosplay" then hav that right to trade mark it ,not even mentioning abt trademarking it cost you did not even create it ,just because you introduce it does not give you the every right to trademark the word.... thats just my opinion,no offence at all to anyone... i mean it is everyone interest ...why sort of in anyway let it affect the passion or feelings we hav for cosplay or cosplayers...? and the restaurant ,old hokkein produce really nice food ,i mean the original one i ate it before with my family, try it if you are free again thats only my opinion...no offence..

31-08-2005, 03:17 PM	#161 (permalink)
digifreaks Member Equipped With Machine Gun For Posting Join Date: Jul 2005 Location: 14th Shinigami Division 2nd Seat Posts: 12,924 Trade rep: 0 (0%)	this thread is still in existence? ah well. better to let it sink? all these discussions won't do anyone any good. so why don't we just drop it?

31-08-2005, 03:26 PM	#165 (permalink)
digifreaks Member Equipped With Machine Gun For Posting Join Date: Jul 2005 Location: 14th Shinigami Division 2nd Seat Posts: 12,924 Trade rep: 0 (0%)	you think people will flame us for spamming?