this post was submitted on 16 Aug 2023
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PornHub owner MindGeek is threatening a kebab shop in NYC with trademark infringement::If you’ve been listening to the Vergecast you know the standard for trademark infringement is “likelihood of confusion,” and while it’s true the Hub is known for ⚫️🟠, something tells me the folks walking into Doner Haus aren’t confused about what’s on the menu. Full story in Chelsea News, a hyperlocal NYC news site, via Verge pal Alexandra Roberts.

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[–] [email protected] 85 points 10 months ago (3 children)

Trademark's a weird one, if you don't defend it you lose it. So it's kind of a lose-lose situation from the trademarkers position. They have to pursue or they lose their trademark which they value

[–] [email protected] 27 points 10 months ago

I mean, if they don't care about the actual usage, they could licence it for a buck or something

[–] [email protected] 10 points 10 months ago* (last edited 10 months ago) (2 children)

As a non-American, US intellectual property law feels absolutely ridiculous to me sometimes. It feels like it incentivizes all the wrong behaviours.

[–] [email protected] 3 points 10 months ago

It's hard to balance but it prevents trademark squatters from existing like in the domain name space

[–] Chocrates 1 points 10 months ago

As a US Citizen I agree. We also let corporations lobby to make the rules have no relation to what they were set up for.

Copyright for instance was supposed to allow people to use novel work in the open without getting copied for a short period of time before it became public domain. Now Copyright is nearly perpetual, it keeps getting extended when a certain mouse is close to losing their copyright.

[–] [email protected] 46 points 10 months ago (3 children)

They think this is bad, there's a seafood van near my local pub called "Prawn Hub" with the same logo design.

[–] rishado 19 points 10 months ago (2 children)

We have a butcher near us called Pork Hub also with the same logo

[–] [email protected] 3 points 10 months ago

Cars around me all seem to be sporting bream hub bumper stickers

[–] lemmy_get_my_coat 2 points 10 months ago

And we've got a nearby car dealership called CarHub with the same logo design as well. Doesn't even sound close though.

[–] I_Fart_Glitter 10 points 10 months ago (1 children)

😂 I get why PornHub needs to defend it's TM, but that is hilarious and if I owned PornHub I would consider that free advertising.

[–] [email protected] 3 points 10 months ago

I'm not defending PornHub hear, but sometimes you don't want to leave associatable stuff up simply because you font know if they might do something stupid and harm their brand. Like if it turned out heavy sexual harassment/assault was happening at PrawnHub and it gets found out; now people might associate that with PornHub, especially with the sexual aspect.

[–] Ganrokh 2 points 10 months ago

Yep, there is a vendor that shows up to farmers' markets here called "CornHub" with the same design.

[–] [email protected] 27 points 10 months ago* (last edited 10 months ago) (1 children)

My guess is that this is going to go the same way as McDonalds v everything with the letters M(a)c, and Starbucks v Sattar Buksh

[–] [email protected] 2 points 10 months ago

I read way too much of that article

[–] spearz 16 points 10 months ago (1 children)

“Restaurant selling badly-packed-kebabs, is sued by content host showing videos of badly-packed-kebabs” The irony…

[–] [email protected] 4 points 10 months ago

You forgot to include "stepsister" in the description.

[–] [email protected] 13 points 10 months ago

Screenshot_2023-08-16-22-31-52-95_3d9111e2d3171bf4882369f490c087b4 Ive seen plenty of them

[–] crypticthree 11 points 10 months ago (2 children)

A trademark is always connected to the specific goods or services sold to customers with that trademark. You can’t register a word, phrase, symbol, or design as a trademark without specifically identifying the goods or services being used. Your trademark isn’t limited to one good or service. It can be used with many different goods or services, and include both goods and services.

Although the determination of whether you have goods or services can be confusing, it’s critical that you make the correct identification. Think about it this way: What do customers purchase from you? An actual physical product that bears your trademark? Or do they hire you to perform an activity for them? If it’s products, you have goods. If it’s activities, you have services.

For example, a registered trademark for the name A Good YarnTM for a bookstore would prevent another company from registering the name A Good YarnTM for another bookstore.

By being specific about the goods or services your trademark represents in your registration, you clearly identify the scope of use. You can legally prevent others from using the same or a similar trademark for related goods or services without your permission. Applying for more goods or services than you currently use, or intend to use, is likely to cause your application to be denied. We may inquire as to whether the identification you select accurately identifies your goods or services.

https://www.uspto.gov/trademarks/basics/scope-protection

[–] elscallr 6 points 10 months ago (1 children)

It's not quiet so cut and dry. The law is written to cover 90% but this isn't a criminal matter, it's a civil one, and civil suits are always decided in courtrooms. If I created a weed dispensary and called it Instant Pot and stylized my logo like that of a popular countertop pressure cooker they'd be well within their rights to sue despite being wildly different industries.

[–] [email protected] 4 points 10 months ago

Reminds me how McDonald's lost their Big Mac trademark in the EU.

They had registered it as a restaurant name among others. So the EUIPO invalidated their big mac trademark, when they tried to get a restaurant chain called Supermac to change name. https://www.forbes.com/sites/ceciliarodriguez/2019/01/16/how-mcdonalds-lost-its-big-mac-in-europe/

It appears that the trademark was at least partly restored earlier this year, but I am not sure. I'm no trademark lawyer.

[–] teranex 11 points 10 months ago* (last edited 10 months ago) (1 children)

Well... You're looking for flesh in both places so 🤷‍♂️

[–] [email protected] 4 points 10 months ago

BönerHaus?

[–] [email protected] 11 points 10 months ago

Well, with the picture cut off at first I thought it said "boner haus."

[–] [email protected] 8 points 10 months ago

Damn I knew verge was shit but they're just linking to other sites articles and presenting it as a tweet?

[–] [email protected] 7 points 10 months ago (4 children)

All I'm getting out of this is it's potentially possible to get doner kebab in the US, and I should take a trip to New York

[–] [email protected] 3 points 10 months ago

There's tons of good doner kebab in the US, and you don't need to go to NY to get it. Sorry it's not in your area, though! That's a huge bummer.

[–] [email protected] 2 points 10 months ago

They have a lot of gyros that aren't gyros and are actually turks doing kebabs so there might be more than you think

[–] lgmjon64 1 points 10 months ago (1 children)

We used to have a pretty good German street food restaurant in Fresno of all places. They had a pretty awesome döner. Unfortunately that only lasted like 2 years before closing.

[–] [email protected] 3 points 10 months ago

I live in a doner desert. I mean, there are places that CLAIM to have doner kebab around here, but they have apparently never been to Germany. There's something so perfect about Turkish food with heavy German influence that I haven't been able to find anywhere outside of Germany.

I'm glad you had two years of joy in Fresno, but sorry about the closure

[–] [email protected] 1 points 10 months ago (1 children)

There's a place in Dallas with döner kebab in the name.

[–] [email protected] 1 points 10 months ago

Yeah, but is it comparable to German doner kebab?

There's ten places with that in the name where I live, and all of them are pretending to be doner kebab

[–] [email protected] 6 points 10 months ago

"Come get stuffed"? "Big Doner Energy"?

Cmon

Mindgeek is within their rights

[–] Chocrates 4 points 10 months ago

It's dumb but this is how trademarks work in America. If PH didn't do this then someone else could use this to show that they don't care about their trademark anymore. If PH isn't a dick they will let the kebab shop use it for a nominal licensing fee or let them change it over some period of time without fighting them too much.

[–] TempleSquare 4 points 10 months ago

Wait until they see "Smoke Hub" in Bakersfield, CA.

It's literally the porn hub logo.

[–] [email protected] 3 points 10 months ago

There is a gas station in Iowa that uses the same logo. I think it's called like 1Nine or something like that.