Spam Lawsuit's Last Laugh is at Hormel's Expense 172
Brian Cartmell writes "An article at the Minneapolis — StarTribune site covers a significant setback for the Hormel food company, in a case that's being closely watched by security companies across the country. Seattle-based Spam Arrest has gone up against the creator of the food substance in court, fighting for the right to use the word spam in its company name. The US Trademark Trial and Appeal board has sided with the spam fighters, agreeing that consumers of the Spam product would never confuse the food with junk email. 'Derek Newman, Spam Arrest's attorney, said the decision opens the door for many other anti-spam software companies ... "Spam Arrest fought this battle for the whole software industry," Newman said.'"
At whose expense? (Score:5, Insightful)
Plus, I don't know if it should really be considered a victory for the software industry that companies don't have to come up with creative names.
About that Icon... (Score:4, Insightful)
And yet Slashdot still has a spam (note lowercase 's') icon which looks like a piggy with a brick of presumably Spam as part of its body [slashdot.org], where formerly the icon was indeed a can of Spam.
Well played Slasdot!
Well, that's just sad. (Score:2, Insightful)
Food? (Score:4, Insightful)
Re:At whose expense? (Score:4, Insightful)
SPAM was a potted meat UNTIL it became part of the neolexicon... and hormel wanted to
cash in on the name despite (or because of) the declining popularity of the meat(ish) product.
If Hormel had actively tried to market its meat product USING the new definition of the word,
perhaps in a clever TV or print campaign, they might actually capitalize.
Instead, meh... They try to push the legal envelope and get a paper cut. Potted meatheads.
Re:You're thinking of 'dyspepsia' (Score:3, Insightful)
Re:Where did it come from? (Score:2, Insightful)
It was the older online geek culture which labeled unwanted email spam. Based off the popularity of Monty Python with that group, The name choice was most likely a reference to the sketch.
NOW.... Where did the idea for the Sketch come from?
Considering the influence and ability of classic Brit TV (Science Fiction and Comedy being the 2 biggest contributors) to bridge the pond... I honestly would not be surprised if most people outside of the UK know or knew about the 'everybody gets it, nobody wants it' Brit-ism, and therefor didn't make the connection.
Sorry for Hormel (Score:4, Insightful)
They had some product out there with a bizzare name. Then the Monty Python skit comes along and satirizes it. That's not so bad really.
But that leads to other people using the name for a different meaning, a meaning garnered from the Monty Python skit rather than the original product. Then the new meaning drowns out their original poduct and takes their name away. Now that hurts.
They didn't cause any of this, and for the most part it was not an intentional attack on them either. They really did not have much recourse at each step because the satire and redefinition were legitimate legal uses. It's all just a sad twist of fate.
Aw well. They can always do what all the SPAMmers do: rename their product and sell it to someone else who does not know any better.
Re:How very noble of them (Score:2, Insightful)
Suffice it to say, jokes about the food Spam are too common and too easy and can be construed as downright un-American. If you want American spam, you'll want to refer to the entrepreneurial spirit of the email most call "junk" which is usually people trying to make a fast buck as easily as possible. Make fun of that and you'll get some backers.
Re:At whose expense? (Score:3, Insightful)
Considering you're mixing patents, trademarks, and copyright (via "fair use"), I think we can safely file your legal opinion under "talking out my ass".