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Legal fight over iPod fart app, #284
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| QUOTE | DENVER, March 28 (UPI) -- Two companies are in a legal battle over one of the less dignified applications for iPhones, using the phone to make the noise of someone breaking wind.
Air-O-Matic in Florida has the "Pull My Finger" application, which had a run as the second most popular iPhone app, The Denver Post reports. InfoMedia, a Loveland, Colo., company, offers a selection of noises -- "Jack the Ripper," "Brown Mosquito" and "Burrito Maximo."
Recently, Air-O-Matic sent InfoMedia a "cease and desist" letter saying it should remove the phrase "pull my finger" from its advertising. InfoMedia's counter-argument is that the phrase has long been common slang.
"When you say that phrase, it may be more likely to take you back to your junior high school days as opposed to thinking of a particular iPhone application," trademark lawyer John Posthumus, who is not involved in the case, told the Post. "But iPhone apps are a big business and I can see why a company would be interested in protecting a trademark." |
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is there not some 'prior art'-like provision for trademarks or something
given the amount of genericized trademarks already i figure it's impossible to apply that phrase for a trademark anyway
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| QUOTE (mario4ever @ Mar 28 2009, 01:51 PM) | Why would you need a fart application when so many people do it anyway?
EDIT: as in making the sound. |
because it's RANDOM xD
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 DISCLAIMER: by sending me (xgoff) a private message, you agree to the directives and their terms specified henceforth: DIRECTIVE 1 (APPLE): i may or may not reply promptly or at all; and there are no guarantees to the usefulness of the reply. i may not acknowledge whether i have even received your private message DIRECTIVE 2 (CHILE CON CARNE): as per my view, "private" applies only to the initial transaction, and the material of your message may or may not be made public at my discretion; as this will more than likely be a post in the CCC or IRC, you may not be able to view it DIRECTIVE 3 (FEATHER DUSTER): you must address me (xgoff) as "Sir Master Xgofficus his Highest and Most Awesome the Third"; failure to comply with this term may invoke one or both of the above directives, and i will leave a burning bag of **** on your doorstep DIRECTIVE 4 (BOOTSTRAP): if you have read this disclaimer, please private message me promptly, in compliance with the above terms, so i can ensure you are capable of following directions you idiot this concludes the test of the emergency disclaimer system, your scheduled programming will now continue. satisfaction guaranteed, and 100% cash back available under certain circumstances; restrictions may or may not apply within your place of residence NOTICE: these directives and their terms may change at any time, without notice; as a private message transaction to myself assumes an understanding and full compliance of the above, you should ensure you are fully aware of the above terms at any point before sending a private message; any message received is assumed to have been sent in compliance with the above| QUOTE | (5:25:58 PM) Mikau: xgoff (5:26:00 PM) Mikau: guess what (5:26:04 PM) Xgoff: chicken butt (5:26:09 PM) Mikau: **** you |
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