[TechPowerUp] Thermaltake and Mayhems Fighting Over "Pastel" Trademark in the UK - Page 4 - Overclock.net - An Overclocking Community

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[TechPowerUp] Thermaltake and Mayhems Fighting Over "Pastel" Trademark in the UK

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post #31 of 44 (permalink) Old 02-12-2019, 09:52 AM
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I like TT. Their cases are pretty good for the price you pay.

Trademarking a word like "Pastel" is beyond ridiculous.

I know everyone loves to hate "ThermalFake", but they provide solid products for reasonable prices, in general. I love my Tower 900. One of the absolute best cases I've ever worked with.
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post #32 of 44 (permalink) Old 02-12-2019, 03:06 PM
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Not much different from Bethesda thinking they own the word "Scrolls", or Apple at one point deluding themselves into thinking all rounded rectangles were their idea.


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post #33 of 44 (permalink) Old 02-12-2019, 03:12 PM
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Quote: Originally Posted by JackCY View Post
True, very similar anyway. It's just trolling by companies and paying lawyers. If TT was trying to sell TT Mayhems Pastel, OK fine that's not OK but selling TT Pastel... why the hell not it's as if you couldn't sell TT Red because there is YouTube Red. Or BMW Pastel because there is Ford Pastel...
Pastel is too generic a word to be trademarked IMHO. But as it goes with this if companies have the $$$ to throw they go and trademark every name they can generate whether they use it or not.

Someone is going to trademark, probably already did, the whole color palette so they can sue everyone who tries to use it.
Yeah I think TT have every right to use Pastel for whatever use they want. Pastel is a very old and very generic description of a color range. If pastel can be trademarked effectively then by same logic terms like gloss, matte, neon ect. would be equally up for grabs and that would be beyond ridiculous.

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post #34 of 44 (permalink) Old 02-12-2019, 03:16 PM
 
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Quote: Originally Posted by TFL Replica View Post
Not much different from Bethesda thinking they own the word "Scrolls", or Apple at one point deluding themselves into thinking all rounded rectangles were their idea.
It's not the same actually, Bethesda bullied an indie developer who never intended to steal the name, but here we see big company just blatantly stealing a trademark from a small firm and thinking they can get away with it since they got an army of lawyers. So yeah, I think Mayhems is morally right on this one, and it's not an issue of "frivolous patents".

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post #35 of 44 (permalink) Old 02-12-2019, 03:51 PM
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Quote: Originally Posted by The Robot View Post
It's not the same actually, Bethesda bullied an indie developer who never intended to steal the name, but here we see big company just blatantly stealing a trademark from a small firm and thinking they can get away with it since they got an army of lawyers. So yeah, I think Mayhems is morally right on this one, and it's not an issue of "frivolous patents".
First of all is important to understand that Bethesdas trade mark for Elders scroll is very valid and can be categorized as "suggestive words" as they are not directly related to computer games or even RPG's. What Bethesda did wrong was use it to go after someone who was using the name "Scrolls" something they had not trade marked.


The argument TT is doing in this case is argue that in the context of colored products the word "Pastel" is a generic word and in most countries generic words that name a product can't be trademarked.


And now for the kicker, and I'm mostly speculating here now as I'm not an expert.

Mayhems trademark UK00003129168 is for
Quote:
Class 1
Coolants;Chemical preparations for use as coolants;Concentrated cutting fluid coolants;Coolants (anti-boil preparations for engine-);Coolants for vehicle radiators;Engine (coolants for vehicle -);Engine coolants;Machine coolants;Machining coolants;Vehicle engine coolants;Anti-boil preparations for engine coolants;Coolants (Anti-boil preparations for engine -);Engine coolants (Anti-boil preparations for -);Coolants for vehicle engines;Engines (Coolants for vehicle -);Vehicle engines (Coolants for -).
So perhaps whoever issued the trademark didn't consider the color of a coolant to be of an descriptive attribute so they treated the word Pastel as they would have any other none relevant word like for example "vivid" or "fresh". I don't think anyone would have been silly enough to approve trademarking the word pastel in the context that is was a paint or dye.

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post #36 of 44 (permalink) Old 02-12-2019, 05:15 PM
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The color Pastel wasn't trademarked, the Product line called "Pastel" was. Mayhems doesn't use "Pastel" to describe the color of the product they sell, "Pastel" is the name of the product.



Would someone be able to build a computer and call it an Apple or Macintosh even though it's a fruit that's existed for thousands of years?

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post #37 of 44 (permalink) Old 02-13-2019, 01:20 AM
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Quote: Originally Posted by The Robot View Post
It's not the same actually, Bethesda bullied an indie developer who never intended to steal the name, but here we see big company just blatantly stealing a trademark from a small firm and thinking they can get away with it since they got an army of lawyers. So yeah, I think Mayhems is morally right on this one, and it's not an issue of "frivolous patents".
Perhaps TT also didn't intend to steal the name, either...

As for the "morally right" comment in the context of business, hah! That's cute.

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post #38 of 44 (permalink) Old 02-13-2019, 05:16 AM
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Quote: Originally Posted by LancerVI View Post
I like TT. Their cases are pretty good for the price you pay.

Trademarking a word like "Pastel" is beyond ridiculous.

I know everyone loves to hate "ThermalFake", but they provide solid products for reasonable prices, in general. I love my Tower 900. One of the absolute best cases I've ever worked with.
TT has been around for decades with often lower price bracket products but even more pricey ones.
Plus if one wants a case similar to Caselab's what are they going to buy? A Caselab case? LOL was barely available with endless waiting times, people fed up with them constantly until they called it quits despite the company supposedly being in business for decades making industrial cases? Yet few years after making consumer retail available cases they go bust? Thermaltake didn't do them in nor did tariffs, they did themselves in with debt and unable to adapt to a changing market.

Quote: Originally Posted by Diffident View Post
The color Pastel wasn't trademarked, the Product line called "Pastel" was. Mayhems doesn't use "Pastel" to describe the color of the product they sell, "Pastel" is the name of the product.

Would someone be able to build a computer and call it an Apple or Macintosh even though it's a fruit that's existed for thousands of years?
There is a difference between company name as in trying to sell "Apple iMac" and trying to sell a product named apple "Thermaltake Apple" and trying to sell "Thermaltake iMac".

All in all right now with this broken system of trademarks and patents it's all about how much $$$ does a company want to throw at these trademark/patent offices to buy a seat at a court. That's all it is in the end. There is even a whole market for it where companies buy and sell these sort of rights for profit and for the ability to sue someone no matter how vaguely similar it may be to something someone else does. Whole companies exist for this purpose only
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post #39 of 44 (permalink) Old 02-14-2019, 08:52 PM
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It sucks, but we have let the copyright dumb stuff. So if I created a game called "old people scrolls". I could be sued?

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post #40 of 44 (permalink) Old 02-14-2019, 10:26 PM
 
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Quote: Originally Posted by battlenut View Post
It sucks, but we have let the copyright dumb stuff. So if I created a game called "old people scrolls". I could be sued?
And you can't call it "Prey on the weak" too. But of course, people defending ThermalFakers won't see any difference.
https://www.pcgamer.com/bethesda-executive-responds-to-prey-for-the-gods-trademark-dispute/

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