#151  
Old 10-17-2021, 10:36 PM
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mr.smOOOth mr.smOOOth is offline
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Quote:
Originally Posted by jakebake91 View Post
I understand your point. My point is that nobody in the world cares about what I choose to do for a living. Why would I/should I care about those particular pros or any pros for that matter? How do they affect my disc golf hobby? Supporting local clubs, sure, that I get. But the pros (seemingly) do nothing for my local disc golf scene.


Again, not saying I agree or disagree with any company or any of this alleged piracy. Simply trying to gain an insight into a side of this argument I'm missing.
I understand you may not care about the professionals, but they have actually done a lot for the sport. Seeing highlights from tournaments on the news and ESPN is helping to grow the sport. I see you used the word 'hobby'. Everyone I know refers to it as a 'sport' and like any sport they have their favorite athletes to follow and root for. Popularity means disc sales and money for the manufacturers and that means more discs and disc choices for you and me.
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  #152  
Old 10-20-2021, 05:59 PM
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ODRB ODRB is offline
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Originally Posted by Sydex View Post
Trade Dress likely won’t apply because of the functional aspect of the design and lack of proper registration.
Take another look at Trade Dress. It is specifically separate from the functional aspects of the design. In fact, under US law, trade dress must be both distinctive and nonfunctional, and most trade dress is protected without registration.

See, e.g., the shape of a glass Coke bottle. Perfect example of trade dress. No other company uses that shape. It isn't a functional feature. It is a non-functional feature that distinguishes the product within a market. Copying it creates consumer confusion.

Check yo' jurisprudence.
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  #153  
Old 10-20-2021, 06:10 PM
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ODRB ODRB is offline
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Originally Posted by Sydex View Post
Theft? I think you need to understand the jurisprudence behind the term.
No you don't.

No one is suggesting they be arrested, charged with the crime of theft, and prosecuted. (Plus, if I wanted to know what theft meant I would check the statutory definition, not "jurisprudence".)

People steal parking spots, Halloween costume ideas, the date for the perfect June wedding.

Heck, I just stole your condescending attitude. I don't need to check the jurisprudence to know that.
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  #154  
Old 10-20-2021, 10:55 PM
Sydex Sydex is offline
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Originally Posted by ODRB View Post
See, e.g., the shape of a glass Coke bottle. Perfect example of trade dress. No other company uses that shape. It isn't a functional feature. It is a non-functional feature that distinguishes the product within a market. Copying it creates consumer confusion.

Check yo' jurisprudence.
Registered and litigated. What's your point? It proves mine, actually.

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Originally Posted by ODRB View Post
No you don't.

No one is suggesting they be arrested, charged with the crime of theft, and prosecuted. (Plus, if I wanted to know what theft meant I would check the statutory definition, not "jurisprudence".)

People steal parking spots, Halloween costume ideas, the date for the perfect June wedding.

Heck, I just stole your condescending attitude. I don't need to check the jurisprudence to know that.
Odd, that you wouldn't look up the case law behind the criminal act. That being whether it was just theft. Perhaps it was burglary or robbery more specifically. Maybe there is a defense that applies. So yes, you would (let alone should) absolutely look into the jurisprudence behind the action. It can be said you'd have an ethical obligation to do so.

Not sure what's condescending about my attitude, sometimes the facts simply aren't in your favor.

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  #155  
Old 10-21-2021, 10:57 AM
pjhayes7 pjhayes7 is offline
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Came for the bag discussion, stayed for the community college law school course.

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  #156  
Old 10-21-2021, 11:29 AM
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R-Ogre R-Ogre is offline
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Originally Posted by pjhayes7 View Post
Came for the bag discussion, stayed for the community college law school course.
Jeff Winger?!?

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  #157  
Old 10-21-2021, 11:43 AM
HyooMac HyooMac is offline
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I wonder if the bag is any good.



Maybe we'll find out before we get to 200 on the thread.

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  #158  
Old 10-21-2021, 12:26 PM
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Originally Posted by Sydex View Post
Registered and litigated. What's your point? It proves mine, actually.
That's not how proof works. Not even in Texas. You stated that trade dress was related to function, and couldn't be enforced without registration.

The example clarifies that dress is specifically not about functional aspects of the design. And the fact that Coca-Cola registered (for additional protection) doesn't change the fact that most trade dress protection is enforced regardless of registration.

Squatch copied non-functional design aspects. That can be enforced without registration.


Quote:
Originally Posted by Sydex View Post
Odd, that you wouldn't look up the case law behind the criminal act. That being whether it was just theft. Perhaps it was burglary or robbery more specifically. Maybe there is a defense that applies. So yes, you would (let alone should) absolutely look into the jurisprudence behind the action. It can be said you'd have an ethical obligation to do so.

Not sure what's condescending about my attitude, sometimes the facts simply aren't in your favor.
Well, since Squatch didn't get close to legal theft, and since I'm not prosecuting, I don't need to know how courts have interpreted the statutes. A quick glance at the definition is plenty in this case, to dispel anyone from the notion that Squatch acted criminally. Does the model code of professional conduct apply to this online discussion?

Stop it.

Squatch specifically copied design elements. The stole someone else's design ideas. No one is going after them criminally. And no one suggested that.

Last edited by ODRB; 10-21-2021 at 12:29 PM.
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  #159  
Old 10-21-2021, 05:49 PM
feelinlucky feelinlucky is offline
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Well it has been a few weeks since i started this thread and the conversation has been a bit heavy on the legal bs, i was surprised to come back and see no one is talking about Drew Gibson signing a sponsorship deal with Squatch, Looks like they are gaining traction in the Disc golf community despite the comparisons to Pound.

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  #160  
Old 10-21-2021, 06:33 PM
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Emoney Emoney is offline
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Originally Posted by feelinlucky View Post
Well it has been a few weeks since i started this thread and the conversation has been a bit heavy on the legal bs, i was surprised to come back and see no one is talking about Drew Gibson signing a sponsorship deal with Squatch, Looks like they are gaining traction in the Disc golf community despite the comparisons to Pound.
Wait....u mean they are supporting the pros?
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