This reminds me of "The fine brothers" arguing they owned the concept of "Reaction."
The US Navy hold taco Tuesdays so... good luck.
This sounds like a genericized trademark in the making to me. If you're sending out literally hundreds of C&Ds yearly because nobody knows the term is your trademark, and it otherwise doesn't connect to your brand in the mind of the public, it's being genericized and it may be stripped from you by the court of law and entered into common parlance unrestricted.
This has happened before, to such trademarks as aspirin, laundromat, thermos, escalator and heroin were all once brand names that now describe a generic thing anybody can make or do.
One of these things is not like the others
Did you just type a reaction? Hold on, I'm calling the fine brothers
That's so dumb
Start with President Business.
They just play a game of Battleship for permission to use the rights.
In related news, everyone is allowed to have Sunday Funday. You just have To PM me 0.03 btc for the license.
Well after Taco Tuesday it's battleshits.
Yeah, they won't win this battle.
Even the owners of the Happy Birthday song eventually gave it up. Know when you've lost.
Bayer actually held the patent on Heroin and afaik, they invented the word/term.
Oh man that was some Jersey shore type drama for about a week straight
And fantastic proof that all publicity is definitely not good publicity. They lost a frankly ridiculous number of subscribers after that, and their viewcount growth suffered pretty badly.
They're still rich af, but that was a massive ding to their wallets.
Yeah, I'm pretty sure it's hard to get high on aspirin.
I'm not an expert, though.
But that's TAKOS (Tentacle Arm Kragle Outside Sprayer) Tuesday.
But who owns stir-Friday?
It's a 6-day licence
Did you know you only need 2 laundromats to get high?
$10.37 for a lifetime license? That's actually a good deal.
My wife was like, "He'd have better luck trying to stop... Tuesdays."
So you're telling me my boss didn't invent casual Friday?
Prior art was actually found discrediting their claim to the copyright.
It was also their biggest moment in the spotlight.
Not yet, but it looks like it's on the edge of becoming one. The company is creating advertisements to raise awareness.
(Interesting, I never knew Rollerblade was a brand name.)
I've litteraly never heard of taco johns.
Same with aspirin.
Well, if you stack them.
An escalator could probably get you higher, though.
The 'S' is silent.
Haha, yup! My brother-in-law has a side business making websites and one of his clients offers rollerblading tours in the city that he lives in. But because Rollerblade is a trademarked name they have to say that he offers inline skating tours, which makes the company website all but invisible on a Google search. So, to get around that, they put a disclaimer at the bottom of the website that says something along the lines of, "for trademark reasons we cannot use the term Rollerblade TM", which makes for better search results. Haha!
I doubt you can trademark days of the week.
That's just everyday in the navy
What I couldn't believe about the whole thing is that for a video series so simple that they had a whole office with a good amount of employees.
It makes me wonder how many other top-tier channels have whole production teams like that.
But. Still. On. A. Tuesday.
The infamous Taco John.
Lifetime one time use!
Pretty sure it is Archer, and even if he doesn't I would argue with him about it.
and a characterization of what they actually did by a wide margin.
They were trying to claim sole ownership of their reaction video format which is doubtful original and certainly didn't require much thought to dream up.
They also tried to create a system where the format could be licensed
Michael Scott invented casual Friday.
It's youtube, it doesn't matter if it holds up in court, the point was to use it to kick the competitors off youtube.
Nothing like a Wednesday at the Battleshits Bowl.
But it's okay because it's now known as Freedom Friday
The Army had man love Thursdays.
....I don't think they're similar.
Hey I do SEO for a living. Just a note but these days he likely ranks alright even without that disclaimer, which isn't helping him anyway. Google hasn't used direct keyword association for a while now, and instead bases your ranking on a number of factors, the most prominent of which is the relevance of your website to the searched term. So in this case Google's algorithm is smart enough to know that a site about inline skating should come up when a user searches for rollerblading.
wikipedia up that shit:
Due to allowing the use of "Aspirin" for years by other manufacturing chemists, despite the trademark-infringing nature of the use, and its own failure to use the name for its own product when it began selling direct, Bayer lost its trademark in the United States in 1918, affirmed by court appeal in 1921. Today, aspirin is a generic word in Australia, France, India, Ireland, New Zealand, Pakistan, Jamaica, Colombia, the Philippines, South Africa, Ghana, the United Kingdom and the United States. Aspirin, with a capital "A", remains a registered trademark of Bayer in Germany, Canada, Mexico, and in over 80 other countries, where the trademark is owned by Bayer, using acetylsalicylic acid in all markets, but using different packaging and physical aspects for each.
You haven't lived until you've devoured an entire 'six-pack and a pound' all by yourself.
Good mythical morning has a decent sized production team. Phillip DeFranco had a fair number of employees at some point.
You'd like to think that, but in reality...
Fine Brothers: Hey youtube, you see there's this video and--
YouTube: Video removed.
I think you're getting your IP fields mixed up. And it was invalidated because Warner Bros never legally acquired the copyright to the lyrics from the original owners
Could Kleenex be considered one?
I feel like this is easily worked around by having just the Tuesday menu have "taco special" on it. Everyone's going to call it Taco Tuesday, but the place never actually uses the term in print.
Sooooo.... one time use?
They didn't give up, they were denied in court after years of suing people. It worked for them for a very long time. Why do you think no national chain signs happy birthday?
In fairness, I think they were more on the grounds of the trademark "react" in the title (kids react, you tubers react, elders react, etc.) And the specific format.
To compare, let's say that we have a game show. We'll call it "Wheel of Fortune!" In this show, contestants basically play a game of hangman (without penalties for incorrect guesses, unless the incorrect guess is a vowel) and earn money for each correct guess, in amounts decided by spinning a giant wheel before the guess. In addition to money values, there are other prizes and penalties, to keep the game interesting. Players take turns spinning and can guess the word/phrase at the end of their turns.
Upon a correct guess, a pretty woman goes and touches a screen in a grid of large CRTs to reveal the letters in accordance with their position in the word or phrase.
*As I understand it the Fine Bros were not trying to copyright the game of hangman. They were trying to copyright a game of hangman where you spin a wheel and/or use TVs to display the word or phrase. Still douchey, but not quite as delusional. And you aren't allowed to have "Wheel" in the name. You can have it called "$pin the Phrase" or "Turn of Fortune" or something that implies a game mechanic of spinning something or you can play hangman, but not the word "Wheel," or the TVs, or hangman and spinning shit.
This is, however, an imperfect metaphor, because Wheel of Fortune! is a lot more creative than sitting people down and filming them as they watch a YouTube video.
*I could be wrong, please let me know because it's been a long time since I gave a shit what the Fine Bros were up to.
God I love that movie, everything about it is awesome!
It's only queer near the pier!
Not gay if it's underway!
The last 4 messages of this comment chain form a very lovely poem
Last time I read about this topic, companies are obligated to defend their trademark to prevent this dilution.
Which is probably why they still get to keep that trademark.
How did they even think that was going to go over well? Like seriously, did they really think they'd own the format to comment on content.
Do they also run specials for The Big Game?
Hell hath no fury like a scorched asshole.
That movie is 100x better than it has any right to be.
If I don't make it, tell my wife I said "Hello."
No son, I fed it to the BEES IN MY VEINS 🐝 🐝🐝
I watched an interview with Phillip DeFranco and he kept mentioning HR and different interns and just this massive net of employees. When I watched his vids 10 years ago it was just a dude in front of a camera, watching this I thought what the hell happened !
Prior art is still a thing. It was found that the "owners" who WB acquired the rights from were not the originators, as a previous publication from another author was found. So that was all invalidated.
They do now!
Source: I'm currently at the Cheesecake Factory, and just heard the staff sing "Happy Birthday" to a guest.
"MOM! I have a headache, do we got any heroin left?"
It also helps that Taco John's doesn't own any battleships.
Phil also is fucking loaded, and most of his wealth does not come directly from his youtube channel. He, KassemG, Shay Carl, and others started Maker Studios, which they sold to Disney for $500 million that would go up to $950 million if a certain benchmark was met.
He can basically hire a whole team, it's not like he is going broke any time soon.
You can't patent a term. They were trying to trademark it.
Quick Cheat Sheet:
Patent: Protects things, inventions, ect. Lets you exclusively produce the thing until patent runs out.
Copyright: Protects creative works: Books, Scripts, Shows, Software, ect.
Trademark: Protects brand identity: Brand name and phrases associated with brand (Think "McDonalds" and "I'm Lovin' it")
Trademarks are especially annoying because if you don't protect your trademark, you are considered to have abandoned it, which is why you will often see people get sued for very minor acts of trademark infringement.
Trademarks also are limited to similar types of goods and services. So while McDonalds trademark would protect itself from other restaurants trying to call themselves McDonalds, if I wanted to create a company that sells Engines and Transmissions, I could trademark it McDonalds (provided one didn't already exist).
Even if they did go after people making reaction videos it's unlikely it would have held up in court, the fact they tried to file for it doesn't mean they'd get it or keep it.
Nobody knows that they called it. All we know is that it wasn't as good as Stir-Friday.
What makes a good man go neutral? Lust for gold? Power? Or were you just born with a heart full of neutrality?
At least Rhett and Link are actually the ones on-camera doing all the stuff on GMM. And they're funny to watch.
Damn it, Meredith! Where are your panties?!
Hey this guy's a big fat phony!
It's a one-time fee that you pay annually.
Taco Tuesdays belong to the people.
Shut up, nerd.
Depends on the jurisdiction. Some also demand you actually use it too, if you're just squatting on it and just firing off legal threats to anyone else who tries to use it, and this is the scope of anybody who even knows it's yours, then that's not good enough to keep it in that jurisdiction.
A lot of brands are genericized in some countries but not others too. Aspirin's still a trademark here in Canada but not in the US, for example.
Well, John.... fuck off.
Baby wetwipes really help for that
Adult wetwipes help even more.
Exactly. OP is doing Taco John's dirty work for them. Truth is, the term "Taco Tuesday" is claimed by Taco John's. Whether they actually own it... Important difference.
At least wheel of fortune took way more thought than teens react
Wow, that's... actually better.
Not everyone can afford to go to court. The trademark could be used to bully small channels.
Welcome to the cold reality of the DMCA :(
You can if it's within a narrow enough context. See also: Tuesday Morning, T.G.I. Friday's, etc.
That said, I think "Taco Tuesday" is genericized enough that nobody will confuse a restaurant offering Taco Tuesday with Taco John's
They gained 2 million subs since then and still get millions of views
We actually have Thaco Thursdays at my house. We kept forgetting to eat tacos on Tuesday, but we usually remembered by Thursday. Nobody use that phrase. It's trademarked, bitches.
I think they only exist in the West (Idaho, Montana, Wyoming, Colorado, the Dakotas) and they're actually much better than Taco Bell. They spice their meat well and you haven't lived until you've had Potato Oles. God I miss Taco John's.
Archer gave Cyril the name for it