Newman's Own
kiwifarms.net
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- 10 Kwi 2020
Oh filing a false trademark means you didn't legally file for it
he filed claiming he owned it when he didnt![]()
SMH
Exceptional.
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Oh filing a false trademark means you didn't legally file for it
he filed claiming he owned it when he didnt![]()
He doesn't have to do any of those things. He simply has to be the first person to actually use it in commerce. In this case slap "ComicsGate" on a book.He can't prove ownership of the idea
He can't prove predicate to its creation
He can't establish a significant connection to it
Its a spurious claim
WC uses "Comicsgate ONLY" and CG Jumpstart
which are separate (but similar) IPS
Preston has nothing
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by others;
(II) the goods on or in connection with which and the areas in which each concurrent use exists;
(III) the periods of each use; and (IV) the goods and area for which the applicant desires registration.
A, B, and D are all objectively false for PrestonHe doesn't have to do any of those things. He simply has to be the first person to actually use it in commerce. In this case slap "ComicsGate" on a book.
" (3) The statement shall be verified by the applicant and specify that—
(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;
(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by others;
(II) the goods on or in connection with which and the areas in which each concurrent use exists;
(III) the periods of each use; and (IV) the goods and area for which the applicant desires registration.
(4) The applicant shall comply with such rules or regulations as may be prescribed by the Director. The Director shall promulgate rules prescribing the requirements for the application and for obtaining a filing date herein. "
U. S. TRADEMARK LAW (.pdf)
Neither of those uses by WC apply, because a) neither has been published and b) it's CGOnly not ComicsGate Only
I've been loosely paying attention to this since I don't expect Preston's claim to actually go anywhere, but I thought EVS sold the trademark to Cridious or some other CG fuck and this was more to bother WC. That said, I agree that going after EVS would most likely be a foolish move for the reasons you stated.Yeah... no. I'm pretty sure Ethan would win the CG claim given he's defended usage of it (documented and everything) before Preston ever did anything.
I don't get the defense tbh, since he's a legit cuck who has proven he doesn't know shit about laws and is reduced to peacocking threats he can't enforce.
X (Ethan) equaling Y (Moron) does not necessarily mean that Z (Preston) does not also equal Y (Moron) too. Why is this a hard concept to grasp?
Yeah... no. I'm pretty sure Ethan would win the CG claim given he's defended usage of it (documented and everything) before Preston ever did anything.
I don't get the defense tbh, since he's a legit cuck who has proven he doesn't know shit about laws and is reduced to peacocking threats he can't enforce.
X (Ethan) equaling Y (Moron) does not necessarily mean that Z (Preston) does not also equal Y (Moron) too. Why is this a hard concept to grasp?
Not true.A, B, and D are all objectively false for Preston
I've been loosely paying attention to this since I don't expect Preston's claim to actually go anywhere, but I thought EVS sold the trademark to Cridious or some other CG fuck and this was more to bother WC. That said, I agree that going after EVS would most likely be a foolish move for the reasons you stated.
This by itself looks like it would end any kind of action PP would take. And see my earlier post where I cited failed attempts to trademark "cocky," "space marine" and "dragon slayer." What does CG have that those words or phrases do not?
It was used previously by Vox (as a publisher)Not true.
The mark has NOT been used on comic books. That means that it can be tradmarked by anyone who intends to use it in that fashion. "No other person has Right to use in commerce either in the identical form thereof or in such near resemblance " simply means that no one else has used it for the same purpose. Namely, for comic books.
It was used previously by Vox (as a publisher)
and two other comic creators (previously)
EVS chased them out of there. But Ethan did not establish that they DIDNT have the right to own or use it for a comic book. They just agreed to settle
So again: Preston is Dumb, Wrong, A Cuck, and a IP troll
He will lose on the Merits if anyone wants to waste money suing him. He isn't out anything because its just him grifting other youtube grifters.
JDA could make a ARGUMENT for setting that up, but not preston
Can you show us a screen shot of the covers Vox called his books ComicsGate on? Also show us screens of the other two creators books with a Comicsgate logo.
FROG admitted that he never actually filed for the trademark. Cridious had already filed for it and he has since let it lapse.Look up @FROG Videos of it from back when it happened.
Just because you haven't lurked enough to know whats going on doesn't mean I have to suckle you on ancient history
Frog and Vox fought with their E-peens over it
Thats why Preston (who was involved at the time) knows his claim to be false
That Vox Day ComicsGate stuff happened a long time ago and it would be autistic and retarded to try to dig up receipts.Can you show us a screen shot of the covers Vox called his books ComicsGate on? Also show us screens of the other two creators books with a Comicsgate logo.
I wasn't aware of them.
I was only aware that Vox threatened to use CG as a brand then backed off and Cridious got the trade mark but never used it so it lapsed. Who are these other two?
Show the receipts.
And once again. People don't get sued for trade marking a word or phrase. They may get their claim to the trademark challenged. That's not being sued.
Do you think that just any fan who's pissed at Preston can sue him because he filed the paperwork?
It doesn't work that way.
That Vox Day ComicsGate stuff happened a long time ago and it would be autistic and retarded to try to dig up receipts.
Just search "vox day" in the search bar here on the farms or "comicsgate" on Vox's blog.
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If you're that interested in this dumb bullshit go ask Vox Day himself or JDA.
Here's a link to one of the earliest mentions of CG on his blog.
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-Ethan Van Sciver
There's a pretty funny clip of Ethan actually saying this floating around somewhere.
No one is going to fight Preston over the use of "comicsgate", Preston hasn't paid the 6.3k dollars for the domain name that was registered in 2013.
The whole trademarking of the name argument goes back years and is fucking dumb.
Why would anyone want to own a word that is guaranteed to get them doxed, is synonymous with being late and gay, and has dozens of websites with thousands of pages of people calling it a tard-fest.I agree. My point is that while a few different people have claimed the ComicsGate name no one actually laid any legal claim to it. Vox abandoned his claim when Ethan decided to play chicken with him. Ethan later stated he had no intention of actually owning the phrase. Cridious had a claim and had filed for the TM but never protected it or produced anything under it so his claim lapsed.
My point is that Preston is the only one with a claim presently and it's probably not worth enough for anyone to hire the lawyers to challenge him. I could see Ethan, whose show is named ComicsGate, filing but it would be costly and he'd have difficulty proving it. I don't think he wants to spend that money since he's stated that he doesn't want to control the name anyway but I suppose he might launch a paypig telethon GFM and squeeze a few more bucks out of his audience to launch a legal challenge.
That would be entertaining to watch and I think it's what Preston is looking for anyway.
I'm pretty sure Preston doesn't even care about it and he only ever filed to piss off his enemies.
synonymous with being late and gay,
Since the @TheLaughingMan is thread banned I thought I'd speak on his behalf here in the main thread. It has come to my attention after some digging and asking around that it appears he is being blamed for the dox of Man of S3x and possibly Gat Hanzo that occurred here several days ago.
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Clearly I'm preaching to the choir here and most user's already know this, but I and several other Kiwi's were responsible for the recent dox on Warcampaign.
The first instance of Gat Hanzo, aka David W Brooks, being doxed was by @Analog Devolved as seen here:
Which I later followed up with and expanded upon here:
@Analog Devolved and myself previous collaborated on the dox of Sheila Allen and we both decided that ending our relationship premature would be a waste of both our talents. After Warcampaign blue-balled the Farms on #BLACKDRAGON we both decided Warcampaign was next (and long overdue.)
Later our findings were fact checked, expanded upon and compiled by the following users @SuiSui1 ,@Absurdity and @SaidNoOneEver who I thanked in a follow up post here:
I also gave them credit in the initial post here:
Notice that @TheLaughingMan was not thanked nor credited in either post, because he was not involved.
Less than 24 hours later I doxed Mathias Denichi, aka Man of S3x, here:
Again I reiterate @TheLaughingMan was not involved in any way shape or form with either dox. In fact if you check Laughing Man's post history he has been absent from the Farms for over a week now.
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Its clear from his quoted post at the beginning of this thread he desires a break or extended leave of absence from the Farms, which is his right, although he will be missed in the TUG thread.
So in conclusion:
To Man of S3x @TheLaughingMan didn't dox you, I did and I'd do it again you cross-dressing, degenerate faggot.
To Gat Hanzo @TheLaughingMan didn't dox you, I and several others did and I'm sure I speak for all of us when I say we'd do it again you worthless, warcampaign, wigger weeb.
To TUG stay butthurt and let @TheLaughingMan live rent free in your head, you stupid inbred hillbilly.
And to my fellow Kiwi's, sorry for this autistic long winded post, I probably didn't have to make. However I couldn't allow an innocent Kiwi, @TheLaughingMan to take the blame for something I and others participated in, especially since TUG and his wife Lola already have Laughing Man's dox, as he was a former IGG backer and they've used it against him previously.
Besides credit where credit is due.