Mesika v. Penguin

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Scott Wells
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Mesika v. Penguin

Postby Scott Wells » October 13th, 2016, 10:06 am

This is just keep you in the "Loop" with what's going on here (see what I did there?).

In this week's podcast, Yigal Mesika talks about his pending lawsuit against Penguin Magic where he is trying to protect his brand. They go to mediation tomorrow (Friday October 14th) and if not resolved, it will go to court. Yigal talks about how he came to own the elastic bands from Finn Jon and how he patented the name "Loops" as well as how he creates ideas using elastic thread and his Loops. He talks about Finn Jon, John Kennedy, Sean Bugunia, and others along with his thoughts on creativity.

You can view a video, see some photos, read the blog, enter the new contest to win a set of Loops, listen to the podcast online and download the MP3 file at: http://themagicwordpodcast.com/scottwel ... gal-mesika

Congratulations to the winners of our recent contest for a FREE deck of cards for the "Anniversary Waltz": Tony Baronio, Robb Peffer, and Shaun Rivera. Their names were randomly drawn from over 60 contestants who entered the contest. Thanks to Garrett Thomas for offering the prizes and also to the Friends of The Magic Word whose financial contributions offset the postage costs.

Be sure to enter this week's contest for a chance to win one of five sets of Loops from Yigal Mesika.
Visit The Magic Word at http://themagicwordpodcast.com/

Ted M
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Re: Mesika v. Penguin

Postby Ted M » October 13th, 2016, 12:59 pm

> and how he patented the name "Loops"

If a person talks about patenting a name, that person demonstrably has no clue about patents.

Brad Henderson
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Re: Mesika v. Penguin

Postby Brad Henderson » October 13th, 2016, 2:50 pm

I haven't heard the podcast but perhaps this was an error on Scott's part in writing this blurb and not an error on miseka's. or maybe it was.

lets not confuse Scott's ad for miseka's content. having said that, I haven't listened so you may be completely correct

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Scott Wells
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Re: Mesika v. Penguin

Postby Scott Wells » October 13th, 2016, 3:15 pm

I stand corrected on use of the term "patent" in that Yigal has a registered trademark on the name Loops® (as I understand it). Yigal purchased the full rights for production and distribution of Loops®. Patents and Trademarks are entirely different things. Thanks for the clarification.
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Ted M
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Re: Mesika v. Penguin

Postby Ted M » October 13th, 2016, 4:04 pm

I stand corrected on use of the term "patent" in that Yigal has a registered trademark on the name Loops® (as I understand it). Yigal purchased the full rights for production and distribution of Loops®.

Beyond a registered trademark (which youtube alone, via video after video, shows is massively diluted and therefore likely void), I'm not sure what actual legal rights are in play here. He may have paid Finn Jon for good will and moral permission to tie thin elastic thread into circles and sell them, but I don't see intellectual property law granting anybody exclusive, protected rights to perform those activities.

Copyright isn't in play here. Trademark only protects the name (and only if you haven't slacked off and let your trademark become diluted through common use). It can't be a Trade Secret if you publish and sell the method, and there's no Patent. That's it. Those are the four types of intellectual property.

Calling these things "rights" imbues them with bogus phantom legality which is misleading.

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Scott Wells
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Re: Mesika v. Penguin

Postby Scott Wells » October 13th, 2016, 4:30 pm

Good post, Ted. You certainly know more about it than me. I do not purport to be an attorney or expert in this or any other law. We will see what happens during the mediation tomorrow, and if it is resolved and they can discuss it, then we can report the outcome.
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Re: Mesika v. Penguin

Postby lybrary » October 13th, 2016, 5:12 pm

A registered trademark simply allows you to use that name/word-mark in commerce (in a particular class of products or services) and prevent others from using that name in commerce. So essentially nobody would be allowed to call their elastic loops "Loops". It seems the trademark was registered for classes IC 028 and IC 009. 028 is for textile manufacturing and 009 for electrical and scientific apparatus. Why he would register it in 009 I don't know.

But it does surprise me a little that the US trademark office would give a trademark on a generic and descriptive term like that. After all these are indeed loops and anybody would describe them as such. Usually the trademark office does not grant trademarks on such words because strictly speaking one could then not anymore use that specific word in commerce to describe what they are - loops.

But forgetting about all the legal stuff, if he bought the rights from Finn Jon then I think it is wrong if others steal that idea from Mesika.
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Joe Pecore
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Re: Mesika v. Penguin

Postby Joe Pecore » October 13th, 2016, 7:17 pm

lybrary wrote:
But it does surprise me a little that the US trademark office would give a trademark on a generic and descriptive term like that. After all these are indeed loops and anybody would describe them as such. Usually the trademark office does not grant trademarks on such words because strictly speaking one could then not anymore use that specific word in commerce to describe what they are - loops. .


Here is the registered trademark: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4802:n7pwtq.9.4
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lybrary
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Re: Mesika v. Penguin

Postby lybrary » October 13th, 2016, 7:49 pm

Joe, I know they issued it, that is why I am surprised. For example, you can't get a trademark on 'car' for an automobile or 'computer' for a computer, because they are generic terms to describe the very object. I am therefore surprised that somebody would be able to register the trademark 'loops' for elastic loops.
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Re: Mesika v. Penguin

Postby Bibliophage » October 13th, 2016, 11:18 pm

lybrary wrote: But forgetting about all the legal stuff, if he bought the rights from Finn Jon then I think it is wrong if others steal that idea from Mesika.



I believe that what was paid for was a limited right to market and sell in the US and maybe other places. This was a deal made with George Proust, and I doubt it was for all-time. Let's see how this all washes out in the end.


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