02-04-2016, 10:27 PM
(This post was last modified: 02-04-2016, 10:29 PM by SamuraiGaiden.
Edit Reason: Can I trademark typos? No...then I'll correct them.
)
I don't really see the hypocrisy, if you can point it out, I'll comment on my thoughts of it.
I've never, personally, understood this argument. Does that mean you don't think you can trademark TV shows, either? Look at the reality show, Survivor. That's a trademark. Not to say you can't make a new show where you put people on an island and make them hate each other until someone wins. You just can't call it Survivor, because the show title Survivor is trademarked.
You can't make a show that follows the exact same premise as Survivor, but set in a prison, and call it "Survivor: Prison", because you don't have the rights to the Survivor name. You can, however, create that show and call it "Prison: Can You Survive It?"
And that's what the Fine Brothers were doing...trademarking a few of their react premises. If I did a Reaction video and called it "What did these kids just see? Samurai Film Reactions" then there's nothing the Fine Brothers could have done about it. But with their trademark in place if I made the same video and called it "Kids React to Samurai Films" then I'm infringing on their trademark and they can either forcefully monetize my video and take the proceeds, or get the video taken down.
That is...literally what trademarking is. You can't trademark an idea, only a particularly series of words/pictures/techniques. For instance, let us take a look at my own YouTube stuff. I can trademark Samurai Gaiden. So no one else could make videos and use my logo or title their videos "Samurai Gaiden".
But I cannot trademark the broad premise of "A vaguely literate scholar of Japanese history stands in front of a camera and talks about Samurai for 8-12 minutes at a time, every first Friday of the month."
Likewise you can't actually trademark a 'React video', but you can trademark the logos and titles involved with the specific premise of "Kids React to...", "Elders React to...", and "Teens React to..."; which is what they were doing.
Quote:Besides, trademarking reaction videos would be like trademarking let's plays.
I've never, personally, understood this argument. Does that mean you don't think you can trademark TV shows, either? Look at the reality show, Survivor. That's a trademark. Not to say you can't make a new show where you put people on an island and make them hate each other until someone wins. You just can't call it Survivor, because the show title Survivor is trademarked.
You can't make a show that follows the exact same premise as Survivor, but set in a prison, and call it "Survivor: Prison", because you don't have the rights to the Survivor name. You can, however, create that show and call it "Prison: Can You Survive It?"
And that's what the Fine Brothers were doing...trademarking a few of their react premises. If I did a Reaction video and called it "What did these kids just see? Samurai Film Reactions" then there's nothing the Fine Brothers could have done about it. But with their trademark in place if I made the same video and called it "Kids React to Samurai Films" then I'm infringing on their trademark and they can either forcefully monetize my video and take the proceeds, or get the video taken down.
Quote:Trademarking specific words is even worse.
That is...literally what trademarking is. You can't trademark an idea, only a particularly series of words/pictures/techniques. For instance, let us take a look at my own YouTube stuff. I can trademark Samurai Gaiden. So no one else could make videos and use my logo or title their videos "Samurai Gaiden".
But I cannot trademark the broad premise of "A vaguely literate scholar of Japanese history stands in front of a camera and talks about Samurai for 8-12 minutes at a time, every first Friday of the month."
Likewise you can't actually trademark a 'React video', but you can trademark the logos and titles involved with the specific premise of "Kids React to...", "Elders React to...", and "Teens React to..."; which is what they were doing.