Is lying about a trademark illegal?

Discussion in 'Legal Issues' started by Sleepy_Sentry, May 30, 2007.

  1. #1
    Check out this site.
    http://www.monsterpig.com/

    It was all over the news lately. Apparently some 11-year-old redneck chased down a the largest bore for 3 hours and killed it.

    Anyway, I think the people who made the website are idiots. Anyone who thinks they're a hero for killing an animal that could prove useful to science (it was the largest bore on record) is stupid.

    On their site they claim they are trademarked by their name, monsterpig.com. I did a quick trademark search and it is not trademarked.

    I have no plan on suing these guys, but am curious over whether or not claiming trademark over something and not having it is legal or not. Could they be sued for claiming false trademark?
     
    Sleepy_Sentry, May 30, 2007 IP
  2. charlinks

    charlinks Guest

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    #2
    You don't have to register a mark which would give you (r).

    Putting TM next to it automatically gives you the right to use it as long as you can prove you are the first person to do so.

    I am no lawyer, so someone may want to correct me or confirm what I just said.
     
    charlinks, May 30, 2007 IP
  3. forumer

    forumer Peon

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    #3
    you don't need to register a trademark to have the rights to it. Trademarks and copyrights are based on first use. So, if you can prove that you are the first user of a mark, you have the rights to use it.
     
    forumer, May 30, 2007 IP
  4. Kalyse

    Kalyse Peon

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    #4
    No way is that pig real... its larger then a lion.. infact I think a lion would run if it saw that...

    Do pigs really grow that big cause thats insane..

    http://www.monsterpig.com/betterespigpic.jpg

    The kid could literally hid einside the mouth.
     
    Kalyse, May 30, 2007 IP
  5. Dave Zan

    Dave Zan Well-Known Member

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    #5
    I wonder if they "trademarked" monsterpig.com for killing a monster pig. Some
    people have really funny ideas about how trademarks work.
     
    Dave Zan, May 30, 2007 IP
  6. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #6
    I was wondering the same thing. I doubted it at first because it was on FOX. But then CNN picked up. Apparently there are wild boars that can grow to be that big. :eek:
     
    Sleepy_Sentry, May 30, 2007 IP
  7. roundersfan

    roundersfan Banned

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    #7
    having a trademark helps tremendusly, but it all comes down to who uses it first in COMMERCE
     
    roundersfan, May 30, 2007 IP
  8. tonyrocks

    tonyrocks Active Member

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    #8
    Commerece doesn't matter. Just as long as a person can prove they were the originators of the TM. That Hog is real btw.
     
    tonyrocks, May 30, 2007 IP
  9. browntwn

    browntwn Illustrious Member

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    #9
    That is not correct. The first to use in the marketplace gets the strongest rights to the trademark. One cannot just create and not use trademarks. Usage in commerce is a requirement.

    However, the mere branding of a website that makes money would qualify in my opinion. Commerce is a low bar.
     
    browntwn, May 30, 2007 IP
  10. Kalyse

    Kalyse Peon

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    #10
    Usually I would say Phottttoooshopppped.... lameee.. But apprently everyone is pretty adament about that genuisity. Strange
     
    Kalyse, May 31, 2007 IP
  11. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #11
    You may want to see this (the site may take a while to load):
    http://reddit.com/info/1uu10/comments

    I first thought it was a fake when I heard about it. I'm still kind of suspicious, but according to Wikipedia, male boars can reach weights of up to 900 pounds. So the idea of a 1,051 pound boar isn't too far off.
     
    Sleepy_Sentry, May 31, 2007 IP
  12. peacepeace

    peacepeace Peon

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    #12
    If they were the first ones to come up with the name and were the first ones to use it in commerce, then MonsterPig can be claimed as a trademark - MonsterPig (TM); however, it would not be a registered trademark but a common law one. But if they file with USPTO office and nobody opposes, then 18 months later they can proudly display - MonsterPig(R)
     
    peacepeace, May 31, 2007 IP
  13. ReadyToGo

    ReadyToGo Peon

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    #13
    Hogs can actually get to be pretty large.
     
    ReadyToGo, May 31, 2007 IP
  14. Dave Zan

    Dave Zan Well-Known Member

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    #14
    If the UPSTO approves it, regardless if someone opposes it or not.
     
    Dave Zan, Jun 1, 2007 IP
  15. peacepeace

    peacepeace Peon

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    #15
    Dave,

    True! But what I was trying to say is that during the application process the trademark is published for opposition in the USPTO's Official Gazette to give a chance to anybody that might oppose and challenge it and if your application clears that, then it will be registered.
     
    peacepeace, Jun 1, 2007 IP
  16. SpringCypress

    SpringCypress Well-Known Member

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    #16
    not going to touch on the trademark issue, but as to the can a pig get that big...

    More than likely this is a hybrid of a domesticated pig and a wild pig. Hybrids of various species often tend to demonstrate extreme growth patterns as the gene to turn growth off isn't present. Say the gene is located in the male of species #1 and the female of the species #2, the extreme growth would be reflected if a female of species #1 mated with a male of species #2.

    The Liger is a great example of this.

    As such, this animal can only be considered an alien (not native) species and gives a valid argument not to let this sort of animal wander around due to the damage it can inflict to it's roaming territory. Normal wild hogs can do vast amounts of damage by themselves a hybrid like this could decimate a farmers entire spread. Even were the animal restricted to truly wild areas it would still cause numerous problems to the natural habitat. The one saving grace of hybrids is that they generally aren't able to reproduce.
     
    SpringCypress, Jun 1, 2007 IP
  17. pangea

    pangea Guest

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    #17
    To be fair, would anyone else want to have the name monster pig associated with themselves???!!! lol

    Id leave him to it.
     
    pangea, Jun 1, 2007 IP