View Full Version : Weather Tebow trademarks kneeling on one knee and fake praying
Brock
10-20-2012, 10:38 AM
http://sports.yahoo.com/news/jets-tebow-gets-trademark-tebowing-225757810--nfl.html
FLORHAM PARK, N.J. (AP) -- Dropping to a knee like Tim Tebow might cost you now.
The New York Jets backup quarterback is trademarking ''Tebowing,'' the move in which he goes down on one knee and holds a clenched fist against his forehead while praying during games.
After Tebow led the Denver Broncos to a handful of fourth-quarter comeback victories last season, ''Tebowing'' swept the country - with actor Robert Downey Jr. even doing it at the Oscars.
Newsday first reported that the trademark was approved Oct. 9. Tebow says Friday he wasn't aware the trademark was official yet.
The devout Christian says his representatives filed on his behalf not for financial gain, but ''to just control how it's used, make sure it's used in the right way.''
The Franchise
10-20-2012, 10:38 AM
What a douche.
notorious
10-20-2012, 10:40 AM
How can they trademark something people have done WAY before he did?
I want to trademark something: Scratching my Balls.
Rasputin
10-20-2012, 10:42 AM
**** his stupid and hypocritical ass.
Yeah good luck inforcing that one.
so when someone prays on 1 knee, will they owe Tebow some money? JFC
mnchiefsguy
10-20-2012, 10:45 AM
What an ass.
Spott
10-20-2012, 10:45 AM
Well, at least we won't be able to trademark the forward pass.
notorious
10-20-2012, 10:49 AM
Well, at least we won't be able to trademark the forward pass.
I laughed.
Then cried.
Hammock Parties
10-20-2012, 10:49 AM
Jesus would hate Tim Tebow.
He would hate him.
notorious
10-20-2012, 10:51 AM
Jesus would hate Tim Tebow.
He would hate him.
A person must accept and love one's self before truely growing.
Simplicity
10-20-2012, 10:58 AM
So does that mean I can trademark sitting on a toilet? I mean I have to make sure everyone is using it in the right way.
Three7s
10-20-2012, 11:00 AM
Well, there you have it. The golden boy is just as greedy as anyone else.
Fritz88
10-20-2012, 11:01 AM
It's funny how so called religious people who are all about the hereafter justify their lust after money. Its okay Tebow , you can say you did it for money.
Hypocritical scum.
Posted via Mobile Device
Ace Gunner
10-20-2012, 11:01 AM
"jesus"
Trademarks aren't about money. It's not like a patent where people have to pay royalties. Nobody is going to have pay Tebow when they pray, and if you think that's what their attempt was here you're being ignorant.
"Tebowing" has indeed become a national thing that pretty much anybody who follows sports at all knows about. It's become a verb, and it's also become a brand, so to speak. What's the first thing you would think about if you saw a silhouette of a man kneeling and praying like that? Tebowing, right?
Well, that is a powerful thing, and if somebody were to create some sort of a logo out of that silhouette they could do damage to Tebow's brand. The trademark will allow them to legally tell somebody to stop using that mark.
For example, I'm sure Tebow and co. wouldn't like it very much of somebody made a gay porno video called Teblowing and used that silhouette on the cover of their DVD. The trademark would allow them to legally stop that sort of thing from happening because it could cause confusion in the market place.
They wouldn't have to pay him royalties, though. It's completely separate.
Brock
10-20-2012, 11:12 AM
Trademarks aren't about money.
confusion in the market place.
Sure.
notorious
10-20-2012, 11:13 AM
If anyone trademarks Jerking Off we are all in trouble.
If anyone trademarks Jerking Off we are all in trouble.
Nope. Not how it works.
Chiefs Pantalones
10-20-2012, 11:14 AM
Wow. So Tebow is trademarking how we pray? I guess I better inform my pastor tomorrow that we're only allowed to pray in certain ways and to consult with Tebow before doing so.
notorious
10-20-2012, 11:16 AM
Nope. Not how it works.
Depends on the mood.
Wow. So Tebow is trademarking how we pray? I guess I better inform my pastor tomorrow that we're only allowed to pray in certain ways and to consult with Tebow before doing so.
Again, that's not how this works. Learn something about IP law before crying over this sort of thing.
I'm not a Tebow fan, but to hate on him for this is completely ignorant.
WhiteWhale
10-20-2012, 11:24 AM
If anyone doubted he's a fake and that he's just selling a brand, here you go.
Nobody in the history of sports has ever marketed themselves as well as Tebow, and the funny thing is that so many people buy into his shit.
Brock
10-20-2012, 11:25 AM
Again, that's not how this works. Learn something about IP law before crying over this sort of thing.
I'm not a Tebow fan, but to hate on him for this is completely ignorant.
Yeah, there's no hypocrisy at work here. None at all.
"IP", LOL.
If anyone doubted he's a fake and that he's just selling a brand, here you go.
Nobody in the history of sports has ever marketed themselves as well as Tebow, and the funny thing is that so many people buy into his shit.
http://donisdope.files.wordpress.com/2010/12/jumpman_logo.jpg
Yeah, there's no hypocrisy at work here. None at all.
"IP", LOL.
I'm not sure what you're trying to say here. Hypocrisy? Laughing at IP (Intellectual Property). You've lost me.
Brock
10-20-2012, 11:32 AM
I'm not sure what you're trying to say here. Hypocrisy? Laughing at IP (Intellectual Property). You've lost me.
To begin with, this is nothing but a glorified TD dance, it isn't an invention, it isn't unique to Tebow, it's a pop culture fad like planking. Utterly meaningless and without value. To call that IP is retarded. About the only thing I can say about it is that it will probably outlast his NFL career.
The hypocrisy of it is that this blissed-out Jesus freak IS trying to control whatever miniscule money is made off of it, so for you to tell me it isn't about money is straight up wrong.
Chiefs Pantalones
10-20-2012, 11:34 AM
Again, that's not how this works. Learn something about IP law before crying over this sort of thing.
I'm not a Tebow fan, but to hate on him for this is completely ignorant.
Oh ok my bad.
Why would he want to trademark this besides people using it for bad? Or is it just that?
To begin with, this is nothing but a glorified TD dance, it isn't an invention, it isn't unique to Tebow, it's a pop culture fad like planking. Utterly meaningless and without value. To call that IP is retarded. About the only thing I can say about it is that it will probably outlast his NFL career.
The hypocrisy of it is that this blissed-out Jesus freak IS trying to control whatever miniscule money is made off of it, so for you to tell me it isn't about money is straight up wrong.
You obviously don't understand trademarks. Did you read my porno video example in my first response to this thread? That's the type of thing they're trying to protect and it's absolutely logical for them to do so.
Same with Jordan and his mark. Let's start another thread talking about how shitty Michael Jordan is for trademarking his brand and how he's money hungry.
WhiteWhale
10-20-2012, 11:35 AM
http://donisdope.files.wordpress.com/2010/12/jumpman_logo.jpg
Jordan was a great player. Arguably the best ever.. I don't think he is, but he was certainly the best of his generation. He had the NBA hype machine behind him. He didn't create his image as much as the league did.
Tebow sucks. He's a back up QB who's not even good enough to be a back up QB.
Tebow is popular only because of how he marketed himself. It's brilliant that a terrible NFL player can be the most popular player in the league.
Oh ok my bad.
Why would he want to trademark this besides people using it for bad? Or is it just that?
I think you missed my original response: http://www.chiefsplanet.com/BB/showpost.php?p=9032675&postcount=15
Chiefs Pantalones
10-20-2012, 11:38 AM
Trademarks aren't about money. It's not like a patent where people have to pay royalties. Nobody is going to have pay Tebow when they pray, and if you think that's what their attempt was here you're being ignorant.
"Tebowing" has indeed become a national thing that pretty much anybody who follows sports at all knows about. It's become a verb, and it's also become a brand, so to speak. What's the first thing you would think about if you saw a silhouette of a man kneeling and praying like that? Tebowing, right?
Well, that is a powerful thing, and if somebody were to create some sort of a logo out of that silhouette they could do damage to Tebow's brand. The trademark will allow them to legally tell somebody to stop using that mark.
For example, I'm sure Tebow and co. wouldn't like it very much of somebody made a gay porno video called Teblowing and used that silhouette on the cover of their DVD. The trademark would allow them to legally stop that sort of thing from happening because it could cause confusion in the market place.
They wouldn't have to pay him royalties, though. It's completely separate.
And Tebow isn't the first athlete to "Tebow." It's just recognized by him more because of his beliefs and his celebrity. He's making a name for himself and it might lead to money like the Jordan brand. I don't blame him for thinking about how he's gonna make a living off the field potentially.
Jordan was a great player. Arguably the best ever.. I don't think he is, but he was certainly the best of his generation. He had the NBA hype machine behind him. He didn't create his image as much as the league did.
Tebow sucks. He's a back up QB who's not even good enough to be a back up QB.
Tebow is popular only because of how he marketed himself. It's brilliant that a terrible NFL player can be the most popular player in the league.
How good you are at your job doesn't have anything to do with Intellectual Property. The fact of the matter is that mark strongly represents Tebow now...and I would argue it wasn't him that marketed himself at first...it was all the religious freaks that actually think God helped him win football games and blew this thing WAY overboard.
Once it got to that point, though, the brand (which in this case, is him personally) has to be protected. Simple as that.
Three7s
10-20-2012, 12:00 PM
How good you are at your job doesn't have anything to do with Intellectual Property. The fact of the matter is that mark strongly represents Tebow now...and I would argue it wasn't him that marketed himself at first...it was all the religious freaks that actually think God helped him win football games and blew this thing WAY overboard.
Once it got to that point, though, the brand (which in this case, is him personally) has to be protected. Simple as that.
So you're saying we shouldn't be blaming Tebow, but the lunatic supporters he has?
Here's my beef with Tebow. He should just come out and deny that his "trademark" isn't specific only to him. He shouldn't care if his fans do whatever, they aren't his responsibility. He should only go about things as he sees fit. If people want to make fun of him "Tebowing", then that's their call.
Trademarks aren't about money. It's not like a patent where people have to pay royalties. Nobody is going to have pay Tebow when they pray, and if you think that's what their attempt was here you're being ignorant.
"Tebowing" has indeed become a national thing that pretty much anybody who follows sports at all knows about. It's become a verb, and it's also become a brand, so to speak. What's the first thing you would think about if you saw a silhouette of a man kneeling and praying like that? Tebowing, right?
Well, that is a powerful thing, and if somebody were to create some sort of a logo out of that silhouette they could do damage to Tebow's brand. The trademark will allow them to legally tell somebody to stop using that mark.
For example, I'm sure Tebow and co. wouldn't like it very much of somebody made a gay porno video called Teblowing and used that silhouette on the cover of their DVD. The trademark would allow them to legally stop that sort of thing from happening because it could cause confusion in the market place.
They wouldn't have to pay him royalties, though. It's completely separate.
ROFL
Yeah... damaging to Tebow's "Brand"....
ROFL
Rasputin
10-20-2012, 12:27 PM
I think you missed my original response: http://www.chiefsplanet.com/BB/showpost.php?p=9032675&postcount=15
I think your a dumb ass. First of all this is America **** yeah & we have a constitution. I can express my freedom of religion however I want. If I want to Tebow or make a video of me Tebowing with debil horns on my head I can do that.
Rasputin
10-20-2012, 12:29 PM
This thread belongs in DC...
J Diddy
10-20-2012, 12:39 PM
Nope. Not how it works.
Thank God. My arms would become ridiculous flabby.
Hammock Parties
10-20-2012, 12:40 PM
Can Cassel trademark this?
http://gifrific.com/wp-content/uploads/2012/08/Matt-Cassel-Celebration-Fail.gif
bevischief
10-20-2012, 01:01 PM
Can Cassel trademark this?
http://gifrific.com/wp-content/uploads/2012/08/Matt-Cassel-Celebration-Fail.gif
I thought he already had the trademark for fail...
ROFL
Yeah... damaging to Tebow's "Brand"....
ROFL
Complete ignorance.
Mama Hip Rockets
10-20-2012, 01:20 PM
Can Cassel trademark this?
http://gifrific.com/wp-content/uploads/2012/08/Matt-Cassel-Celebration-Fail.gif
ROFL
bowener
10-20-2012, 01:38 PM
http://donisdope.files.wordpress.com/2010/12/jumpman_logo.jpg
Why is MJ wearing pants in his logo?
I've never really noticed until now.
Why is MJ wearing pants in his logo?
I've never really noticed until now.
The site I pulled that from actually talks about the history of that mark: http://donisdope.wordpress.com/2010/12/23/logo-design-the-jumpman/
Imon Yourside
10-20-2012, 01:48 PM
The site I pulled that from actually talks about the history of that mark: http://donisdope.wordpress.com/2010/12/23/logo-design-the-jumpman/
Hey wait a minute, didn't Epyx trademark Jumpman? It was a commodore 64 game. MJ must now pay royalties to them.
SAUTO
10-20-2012, 02:40 PM
I thought Jordan made money off the logo
Posted via Mobile Device
Complete ignorance.
Ignorance? No.. Just laughing at the fact that you think Tebow has a "Brand" that needs any kind of protection.
It's a fucking touchdown celebration.
This is the most absurd and pathetic example of intellectual property I've ever heard. Calling it "Intellectual" at all is disgraceful and insulting to the idea....
memyselfI
10-20-2012, 03:41 PM
You obviously don't understand trademarks. Did you read my porno video example in my first response to this thread? That's the type of thing they're trying to protect and it's absolutely logical for them to do so.
Same with Jordan and his mark. Let's start another thread talking about how shitty Michael Jordan is for trademarking his brand and how he's money hungry.
Not to mention, that the percentage of the population which ever did Michael Jordon's TM was very small. But how many people is this going to impact vs. what Jordon's did?
It's just disgusting.
unlurking
10-20-2012, 03:54 PM
Ignorance? No.. Just laughing at the fact that you think Tebow has a "Brand" that needs any kind of protection.
It's a fucking touchdown celebration.
This is the most absurd and pathetic example of intellectual property I've ever heard. Calling it "Intellectual" at all is disgraceful and insulting to the idea....
:clap:
Ignorance? No.. Just laughing at the fact that you think Tebow has a "Brand" that needs any kind of protection.
It's a ****ing touchdown celebration.
This is the most absurd and pathetic example of intellectual property I've ever heard. Calling it "Intellectual" at all is disgraceful and insulting to the idea....
Once again, complete ignorance. You obviously know nothing about intellectual property. It's become way more than a simple TD celebration. Other people are actually profiting on it....or at least were. This will give Tebow and co. the ability to protect that. For example, let's say somebody uses the mark and the term to draw attention to a non-profit that he doesn't agree with. This would give them the ability to stop them from using that mark and his name.
The interesting thing here is that they seem to have jumped on this early because they saw that it was quickly becoming a verb. The more common knowledge something is the harder it is for them to trademark. Do you happen to remember the Xerox commercials where they were asking people not to kill their brand by continuing to use the name Xerox as a verb for making a copy?
Tebow's lawyers and managers, etc. all saw this coming and jumped on it early. And they got it passed.
The simple fact that the U.S. Patent & Trademark Office accepted and issued the trademark should tell you that it is a brand with a mark that needs protecting based on IP law.
Before that, all of Tebow's "people" apparently saw it for what it is, too, and knew they should protect it. As such, they filed for a trademark.
I guess we're all wrong and you're right.
It's perfectly logical. You're just allowing the fact that you don't like the kid (and for what? because he gets a lot of attention even though he sucks??) keep you from accepting it for what it is.
evolve27
10-20-2012, 03:59 PM
I hope he gets cut from the NFL
Valiant
10-20-2012, 04:16 PM
Trademarks aren't about money. It's not like a patent where people have to pay royalties. Nobody is going to have pay Tebow when they pray, and if you think that's what their attempt was here you're being ignorant.
"Tebowing" has indeed become a national thing that pretty much anybody who follows sports at all knows about. It's become a verb, and it's also become a brand, so to speak. What's the first thing you would think about if you saw a silhouette of a man kneeling and praying like that? Tebowing, right?
Well, that is a powerful thing, and if somebody were to create some sort of a logo out of that silhouette they could do damage to Tebow's brand. The trademark will allow them to legally tell somebody to stop using that mark.
For example, I'm sure Tebow and co. wouldn't like it very much of somebody made a gay porno video called Teblowing and used that silhouette on the cover of their DVD. The trademark would allow them to legally stop that sort of thing from happening because it could cause confusion in the market place.
They wouldn't have to pay him royalties, though. It's completely separate.
I don't think so. Teblowing would be fair game s long as they did not have a picture or tebowes picture. Avengersxxx and batfxxx are perfect examples of porns I mistakenly came across and watched briefly.
chefsos
10-20-2012, 04:24 PM
I'm not familiar with trademark law, but I agree with DRU here. It's something that had to be done, and there's nothing sinister about it. If Tebow's people hadn't trademarked the thing, someone else may have done it. Maybe someone else was already trying to.
I laugh at him as much as anyone, but it's pretty easy, to me, to separate the contempt of Tebow's beliefs, marketing, and relative football skills from the acceptance of sound business practices.
SAUTO
10-20-2012, 04:24 PM
So can he charge for the usage?
Posted via Mobile Device
I don't think so. Teblowing would be fair game s long as they did not have a picture or tebowes picture. Avengersxxx and batfxxx are perfect examples of porns I mistakenly came across and watched briefly.
Yeah, the actual silhouette would be the most protected thing. I haven't seen if they have an official one they're using like the Jordan logo...do they..?? That would be interesting to see if they filed an official one with their trademark application.
It wouldn't stop people in other countries, either, unless they filed apps in those countries that were granted as well.
The fact remains, trademarks are hard to get approved. They have to pass a very specific set of rules in order to be approved. This was approved, and I can see why.
I hate Tebow madness just as much as the rest of you but that doesn't change reality.
chefsos
10-20-2012, 04:29 PM
So can he charge for the usage?
Posted via Mobile DevicePost a picture and we'll see. It will probably only be a buck or two.
I'm not familiar with trademark law, but I agree with DRU here. It's something that had to be done, and there's nothing sinister about it. If Tebow's people hadn't trademarked the thing, someone else may have done it. Maybe someone else was already trying to.
I laugh at him as much as anyone, but it's pretty easy, to me, to separate the contempt of Tebow's beliefs, marketing, and relative football skills from the acceptance of sound business practices.
They already did. People were running tebowing.com and trying to trademark it themselves. Tebow and co. had to fight that and get it dismissed before they could even file their own.
http://religion.blogs.cnn.com/2012/10/20/quarterback-moves-to-trademark-tebowing/
It all comes down to confusion in the marketplace, and if using the mark would make people think Tebow and co. were directly associated with all these people using it, they have every right to protect it. The Trademark and Patent office agrees.
So can he charge for the usage?
Posted via Mobile Device
Technically, no, but he can use the trademark as a tool to help keep you from using it for your own financial gain.
That said, if they negotiate with somebody who does want to use the mark he could gain from it that way, just like Jordan does with his mark. If you license it to people for use on their products or in their marketing material you can receive money based on your licensing agreement with that company....just like Jordan does.
Apparently they've said any profits that do come from this will go to the Tebow Foundation.
If anything, this just goes to show you how absurd the patent and trademarking process has become in the US. Sometime in the future, we're going to see a complete collapse of this type of thing. The advance of technology, and the unenforceable nature of patents and trademarks is going to eventually completely dismantle the entire system. Globalization of technology means that other countries simply laugh at our notion that we control or own words and ideas. It's simply not a sustainable or enforceable system.
The fact that Americans think they can claim ownership of something as ridiculous and unimportant as a touchdown celebration is laughable. Just as the MPAA and RIAA are completely helpless to enforce protection of their IP throughout the world, so to will the time come for the same to happen to US patents and trademarks.
If anything, this just goes to show you how absurd the patent and trademarking process has become in the US. Sometime in the future, we're going to see a complete collapse of this type of thing. The advance of technology, and the unenforceable nature of patents and trademarks is going to eventually completely dismantle the entire system. Globalization of technology means that other countries simply laugh at our notion that we control or own words and ideas. It's simply not a sustainable or enforceable system.
The fact that Americans think they can claim ownership of something as ridiculous and unimportant as a touchdown celebration is laughable. Just as the MPAA and RIAA are completely helpless to enforce protection of their IP throughout the world, so to will the time come for the same to happen to US patents and trademarks.
Your problem is you're seeing this as just a TD celebration. It's become a lot more than that.
Let's get completely hypothetical here, and take a look at this...
http://worldonline.media.clients.ellingtoncms.com/img/photos/2001/10/01/cschiefs_t440.jpg?9e2a24ba44807f8f9b96aad7c4082bf6ded075dc
Let's imagine that became a national craze and everybody was running around "Priesting" to the point where as soon as you saw a silhouette of that image or you heard the term Priesting people immediately associate it with Priest Holmes himself. Then imagine people starting buying domain names like priesting.com with his image and were selling merchandise with his image and name on it. The public could very easily start to think that anywhere they saw that image or heard that term, Priest Holmes must be involved.
His people would do exactly the same thing, and I would bet you wouldn't care nearly as much. Again, you're not talking any shit on Jordan for doing the same thing, and you don't seem to care that our country allowed him to do that long before technology was so heavily embedded in our lives.
The Trademark and Patent office isn't going to let just anybody trademark their TD move. It's not just some free for all for anybody to trademark anything they want. This is a completely valid use of trademark law.
Get over it.
SAUTO
10-20-2012, 06:04 PM
Technically, no, but he can use the trademark as a tool to help keep you from using it for your own financial gain.
That said, if they negotiate with somebody who does want to use the mark he could gain from it that way, just like Jordan does with his mark. If you license it to people for use on their products or in their marketing material you can receive money based on your licensing agreement with that company....just like Jordan does.
Apparently they've said any profits that do come from this will go to the Tebow Foundation.
So "technically" he CAN PROFIT FROM THIS.
You might as well shut up now...
Posted via Mobile Device
SAUTO
10-20-2012, 06:06 PM
Jordan didn't trademark himself PRAYING.
Or act holier than thou and like its all for God then make it where he could make money off of it.
Posted via Mobile Device
Mr. Laz
10-20-2012, 06:06 PM
How Godly of him.
Brock
10-20-2012, 06:07 PM
So "technically" he CAN PROFIT FROM THIS.
You might as well shut up now...
Posted via Mobile Device
Yup.
Pasta Little Brioni
10-20-2012, 06:09 PM
What a fucking douche
SAUTO
10-20-2012, 06:10 PM
Probably Fucks midgets
Posted via Mobile Device
So "technically" he CAN PROFIT FROM THIS.
You might as well shut up now...
Posted via Mobile Device
There's a big difference between the ability to force somebody to pay you royalties and a licensing deal.
You guys just want to hate so much you can't even accept logic and fact. It's a little pathetic.
What's even more pathetic is that we're wasting our time bickering about it. I've got apps to build and trademarks/patents to file.
SAUTO
10-20-2012, 06:27 PM
There's a big difference between the ability to force somebody to pay you royalties and a licensing deal.
You guys just want to hate so much you can't even accept logic and fact. It's a little pathetic. lol. Making money is making money.
No hate here buddy, just looking at it as logically as possible.
Again so maybe you will understand logic. Making money is making money.
Posted via Mobile Device
mr. tegu
10-20-2012, 06:29 PM
Trademarks aren't about money. It's not like a patent where people have to pay royalties. Nobody is going to have pay Tebow when they pray, and if you think that's what their attempt was here you're being ignorant.
"Tebowing" has indeed become a national thing that pretty much anybody who follows sports at all knows about. It's become a verb, and it's also become a brand, so to speak. What's the first thing you would think about if you saw a silhouette of a man kneeling and praying like that? Tebowing, right?
Well, that is a powerful thing, and if somebody were to create some sort of a logo out of that silhouette they could do damage to Tebow's brand. The trademark will allow them to legally tell somebody to stop using that mark.
For example, I'm sure Tebow and co. wouldn't like it very much of somebody made a gay porno video called Teblowing and used that silhouette on the cover of their DVD. The trademark would allow them to legally stop that sort of thing from happening because it could cause confusion in the market place.
They wouldn't have to pay him royalties, though. It's completely separate.
In other words Tebow reserves the right to profit from it if he chooses.
BlackHelicopters
10-20-2012, 06:30 PM
Tebow. Hypocrite.
Brock
10-20-2012, 06:31 PM
In other words Tebow reserves the right to profit from it if he chooses.
And keep others from doing it in a manner he deems unseemly. Even though he didn't invent it and is a borderline NFL player who will be forgotten like a fart upon the summer breeze in a few years.
Frazod
10-20-2012, 06:32 PM
And the Lord spake, saying Thou Shalt Not Tebow, lest ye be deemed unworthy of Tebowing in the eyes of His Most Holy Tebow, and be slain by the Divine Suit filed by His Most Holy Attorneys.
4321
Mr. Laz
10-20-2012, 06:33 PM
football players have been doing nearly exactly the same thing for decades
it's only the 'thinking man' arm aspect that is slightly different
Your problem is you're seeing this as just a TD celebration. It's become a lot more than that.
Let's get completely hypothetical here, and take a look at this...
http://worldonline.media.clients.ellingtoncms.com/img/photos/2001/10/01/cschiefs_t440.jpg?9e2a24ba44807f8f9b96aad7c4082bf6ded075dc
Let's imagine that became a national craze and everybody was running around "Priesting" to the point where as soon as you saw a silhouette of that image or you heard the term Priesting people immediately associate it with Priest Holmes himself.
See that's part of the problem. "National crazes" are not necessary to protect. It serves no purpose. And it can't be effectively done anyway.
In other words Tebow reserves the right to profit from it if he chooses.
Only if somebody wants to use the mark so badly that they themselves will be profiting from it and share that in residual form with Tebow and co.
He cannot keep you from your prayers, and he cannot force you to pay him something if you happen to kneel the same way he does.
See that's part of the problem. "National crazes" are not necessary to protect. It serves no purpose. And it can't be effectively done anyway.
When people are using your name and image however they please, and the vast majority of the public associates that name and image with an exact person or corporation, that person/corp has every right to protect themselves from public confusion by protecting that mark. That's exactly what trademarks are for.
I deal with this stuff all the time, and I've spent thousands of dollars for attorney's to fight IP battles for me. I've learned a lot in the process. This is a pretty straight forward case.
If you're so bothered by it, you could always file a dispute with the Trademark and Patent office. It was officially granted on 10/9 and the public has 30 days from that time to dispute the validity of the trademark.
So, seriously. If you disagree, file a dispute and see if you can block him from completing his trademark application for good.
ghak99
10-20-2012, 06:39 PM
So, no more of this?... ROFL
http://media2.cardboardconnection.com/wp-content/uploads/2012/02/Tebowing-tebow.png
So, no more of this?... ROFL
http://media2.cardboardconnection.com/wp-content/uploads/2012/02/Tebowing-tebow.png
This wouldn't be a problem. That's simply a player kneeling and praying and could easily be argued that way. That's not what this trademark will protect. Now, he may get a taunting penalty...but otherwise, he's good.
I never saw anybody hating on Anthony Davis for filing a trademark application for his Unibrow and copyright apps for the phrases "fear the brow" and "raise the brow". (http://www.cnbc.com/id/47951613/Anthony_Davis_Trademarks_His_Brow)
I don't see anybody griping at Austin Rivers, Bart Scott, Jeremy Lin, Vince Young, or RGIII for trademarking their phrases. (http://espn.go.com/blog/playbook/fandom/post/_/id/6108/athlete-trademarks-becoming-commonplace)
Here's an article by the World Intellectual Property Organization all about sports figures and their brand as it pertains to trademarks: http://www.wipo.int/ip-sport/en/branding.html
This is nothing new fellas. You just don't like Tebow so you're crying about it.
keg in kc
10-20-2012, 06:55 PM
What a douche.
Jenson71
10-20-2012, 06:55 PM
There's a big difference between the ability to force somebody to pay you royalties and a licensing deal.
You guys just want to hate so much you can't even accept logic and fact. It's a little pathetic.
What's even more pathetic is that we're wasting our time bickering about it. I've got apps to build and trademarks/patents to file.
I'll admit I don't know anything about trademark or patent law. I just don't understand why the legal system needs to protect this. So what happens if someone make a porn featuring the Tebow? Does that really damage Tebow? Isn't the damage really in the restricting of society the beauty of seeing a man tebow his balls into a female's mouth?
SAUTO
10-20-2012, 06:55 PM
Jordan didn't trademark himself PRAYING.
Or act holier than thou and like its all for God then make it where he could make money off of it.
Posted via Mobile Device
Same goes fire RG3 and the others you mention.
Posted via Mobile Device
I'll admit I don't know anything about trademark or patent law. I just don't understand why the legal system needs to protect this. So what happens if someone make a porn featuring the Tebow? Does that really damage Tebow? Isn't the damage really in the restricting of society the beauty of seeing a man tebow his balls into a female's mouth?
A better example would be something like this.
We know Tebow is an evangelical christian and proudly presents himself as such, which is partly how this whole thing started. His celebrity status and the public latching onto him so tightly caused this term and image to be directly associated with Tim Tebow.
So then let's say some other church that Tebow does not attend and maybe even does not agree with for one reason or another decides to use the Tebow mark to attract people to their services or events, or even help to raise donations. The general public could very easily see that mark and feel like, oh, Tebow must support this and I love Tebow, so I'm going to donate.
Now Tebow's mark is aiding something he doesn't support, and he could actually see backlash from his supporters who think he's now supporting something they don't like. We all know how social media works these days, and if confusion about what he was or was not supporting got out it could be damaging to Tebow and co.
The trademark allows them to protect this type of thing happening.
Jordan didn't trademark himself PRAYING.
Or act holier than thou and like its all for God then make it where he could make money off of it.
Same goes fire RG3 and the others you mention.
Posted via Mobile Device
It's not the act of praying that he's trademarking. It's that image of Tebow's body kneeling in that way. That silhouette is very powerful right now whether you want to believe it or not.
Take a picture of yourself doing that and use it on your own stuff and you'll have no problem. Nobody would associate your image with Tebow, I'm sure.
Also, somebody's personality has nothing to do with it, and once again you're proving ignorance if you think it does. All you're proving is that you don't like Tebow and you'll find anything you can to bitch at him about whether it makes any sense or not.
SAUTO
10-20-2012, 07:08 PM
Or...
He could get paid and they can use it if he wants.
Posted via Mobile Device
Jenson71
10-20-2012, 07:10 PM
A better example would be something like this.
We know Tebow is an evangelical christian and proudly presents himself as such, which is partly how this whole thing started. His celebrity status and the public latching onto him so tightly caused this term and image to be directly associated with Tim Tebow.
So then let's say some other church that Tebow does not attend and maybe even does not agree with for one reason or another decides to use the Tebow mark to attract people to their services or events, or even help to raise donations. The general public could very easily see that mark and feel like, oh, Tebow must support this and I love Tebow, so I'm going to donate.
Now Tebow's mark is aiding something he doesn't support, and he could actually see backlash from his supporters who think he's now supporting something they don't like. We all know how social media works these days, and if confusion about what he was or was not supporting got out it could be damaging to Tebow and co.
The trademark allows them to protect this type of thing happening.
That is a good example. It seems to me this legal protection then is about prospectively curbing something resembling fraud; protecting third parties from being deceived rather than protecting Tebow.
SAUTO
10-20-2012, 07:10 PM
I don't hate tebow.I could care less about him. Its the fact he can get paid and you are here arguing its not about money.
Posted via Mobile Device
SAUTO
10-20-2012, 07:12 PM
Its a money grab.
Even if he donated it to his foundation he earned it and its a tax write of.
Posted via Mobile Device
Jenson71
10-20-2012, 07:15 PM
Its a money grab.
Even if he donated it to his foundation he earned it and its a tax write of.
Posted via Mobile Device
I don't know much about tax law either, but it sounds like if he's looking for a tax deduction, getting a bunch of royalties for use of trademark is a bad way of doing it considering it would count as income.
I don't hate tebow.I could care less about him. Its the fact he can get paid and you are here arguing its not about money.
Posted via Mobile Device
If you think he did this because of money you're just an idiot. The guy will be swimming in cash for the rest of his life whether it's from football or crazy loonies giving God money through him. He doesn't need to do this for money, and people don't file trademark applications for money. That's not the point of a trademark!
A patent is what allows people to earn royalties on the use of the patented mark, product, service or whatever. Trademarks are about protection...not profit.
For your sake, I really hope you don't run your own business.
Even if it was for money, why would you care so much about that? People are doing MUCH more sleezy shit in this country every day to earn more money than Tebow dreams about. It's nothing but a smart business decision...which he didn't even make. His people did.
SAUTO
10-20-2012, 07:19 PM
If you think he did this because of money you're just an idiot. The guy will be swimming in cash for the rest of his life whether it's from football or crazy loonies giving God money through him. He doesn't need to do this for money, and people don't file trademark applications for money. That's not the point of a trademark!
A patent is what allows people to earn royalties on the use of the patented mark, product, service or whatever. Trademarks are about protection...not profit.
For your sake, I really hope you don't run your own business.
Lol. I actually am pretty successful in what I do. you admitted yourself he can make money off of this.
Posted via Mobile Device
Lol. I actually am pretty successful in what I do. you admitted yourself he can make money off of this.
Posted via Mobile Device
Again, the ability to make money based on licensing deals...in which the 2nd party would have to AGREE TO THE TERMS OF THE DEAL...is a lot different than forcing somebody to pay royalties for praying, which is what you all seem to think this is going to do.
This trademark was filed to protect their mark. It's as simple as that. If somebody down the road calls them up and offers to pay them for use of that mark any good business would consider it, and if it worked out for all parties, accept it. That doesn't make them a piece of shit. That makes them an American citizen doing what we are all here trying to do.
SAUTO
10-20-2012, 07:28 PM
Again, the ability to make money based on licensing deals...in which the 2nd party would have to AGREE TO THE TERMS OF THE DEAL...is a lot different than forcing somebody to pay royalties for praying, which is what you all seem to think this is going to do.
No I understand completely. I actually said somewhere he could CHOOSE to let them continue use and get PAID.
Another entity could want use. Tebow throws fit. They negotiate a monetary deal.
Posted via Mobile Device
When people are using your name and image however they please, and the vast majority of the public associates that name and image with an exact person or corporation, that person/corp has every right to protect themselves from public confusion by protecting that mark. That's exactly what trademarks are for.
I deal with this stuff all the time, and I've spent thousands of dollars for attorney's to fight IP battles for me. I've learned a lot in the process. This is a pretty straight forward case.
If you're so bothered by it, you could always file a dispute with the Trademark and Patent office. It was officially granted on 10/9 and the public has 30 days from that time to dispute the validity of the trademark.
So, seriously. If you disagree, file a dispute and see if you can block him from completing his trademark application for good.
It's not the government's job to protect people from confusion. It's also not the government's job to protect famous people's public image. Which is exactly what's happening in this case.
The USPTO stifles innovation, causes more confusion than it prevents, and costs manufacturers millions of unnecessary dollars. They can fuck themselves.
It's not the government's job to protect people from confusion. It's also not the government's job to protect famous people's public image. Which is exactly what's happening in this case.
The USPTO stifles innovation, causes more confusion than it prevents, and costs manufacturers millions of unnecessary dollars. They can **** themselves.
Oh, of course, now it's the government that sucks. Tebow sucks for following the rules, America sucks for making those rules, and everything and everybody is just a big pile of dog shit because we're not all millionaires.
I've got an idea. Instead of wearing black to the Bengals game we should just all join together and kill ourselves. This world isn't good enough for us to live in if sports figures can trademark their marks.
Do you run your own business, by chance? If so, may I ask what your company is called and what you do?
Oh, of course, now it's the government that sucks. Tebow sucks for following the rules, America sucks for making those rules, and everything and everybody is just a big pile of dog shit because we're not all millionaires.
I've got an idea. Instead of wearing black to the Bengals game we should just all join together and kill ourselves. This world isn't good enough for us to live in if sports figures can trademark their marks.
Do you run your own business, by chance? If so, may I ask what your company is called and what you do?
It's always been the government's fault. I haven't argued otherwise. I'm in favor of the abolition of the majority of intellectual property rights. I've stated that long before this Tebow nonsense. The costs and complications of IP rights don't justify the benefits. And the fact that it's ineffective the majority of the time doesn't help the argument.
I just don't think it's necessary for people to pay the government to try and protect their reputation with regards to touchdown poses. It's the absurd end of the spectrum which should be a red flag that something is wrong with the system.
It's always been the government's fault. I haven't argued otherwise. I'm in favor of the abolition of the majority of intellectual property rights. I've stated that long before this Tebow nonsense. The costs and complications of IP rights don't justify the benefits. And the fact that it's ineffective the majority of the time doesn't help the argument.
I just don't think it's necessary for people to pay the government to try and protect their reputation with regards to touchdown poses. It's the absurd end of the spectrum which should be a red flag that something is wrong with the system.
Well man, that's an entirely different argument for an entirely different thread.
The reality of the situation is there are legitimate reasons for such protection, there are laws in place that allow businesses to do so, and this Tebowing thing is a perfect example of one that fits, which is why they granted it. Believe me, it's not easy to get trademarks issued.
Unfortunately, like anything else, there are people who try to take advantage of it and cause you to dislike the whole thing. Fine. Don't call out a single person for following the rules to protect themselves and their business.
If you don't like the system now is a great time to be thinking about that, but again, that's for a different topic. That said, IP issues don't seem to be a very hot topic in the debates, so it's probably not going to be changing any time soon.
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