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43 comments
Jorge

@chriswho see also the Billboard Liberation Front

Alexander Dyas

@chriswho

Advertising is the rattling of a stick inside a swill bucket. - George Orwell

Karl Auerbach

@chriswho People (especially people who own trademarks) tend to forget that the express purpose of trademark law (it's written into the words of the US trademark law itself) that trademarks are to benefit the consumer by making it easier for a consumer to clearly identify the source and identity of a product.

Trademarks are not intended to be a boon for the trademark owner, rather trademarks are there for the protection of consumers.

Violet Rose

@karlauerbach
That brings to mind the concept of trademark dilution. How many times do you ask for a cola in a restaurant? Most people say Coke, because it's the most successful brand, but often don't care if they get a Pepsi or a generic cola.

But Coca-Cola cares. They expend a lot of effort protecting their brand. In a restaurant, if they don't have Coke, the server will usually ask "Is Pepsi okay?" This serves the double purpose of protecting Coke's sales by making sure customers actually get a Coke when they ask for one and protecting the consumer's choice because restaurants can't get away with selling generic cola and calling it Coke. (Some probably do, but they risk legal action for misrepresenting their product.)

@chriswho

@karlauerbach
That brings to mind the concept of trademark dilution. How many times do you ask for a cola in a restaurant? Most people say Coke, because it's the most successful brand, but often don't care if they get a Pepsi or a generic cola.

But Coca-Cola cares. They expend a lot of effort protecting their brand. In a restaurant, if they don't have Coke, the server will usually ask "Is Pepsi okay?" This serves the double purpose of protecting Coke's sales by making sure customers actually get...

Karl Auerbach

@violet @chriswho The trademark dilution argument was used to try to drive ICANN to grant prodigious powers to trademark holders to suppress or usurp domain names that the TM holder felt was tarnishing their "precious" mark.

One of the most aggressive of these was the right-wing guy who owned Overstuck who tried to assert ownership, via tarneshment, over pretty much every thing on the internet that used a circular shaped character.

Violet Rose

@karlauerbach
One of the most insidious examples was Uzi Nissan vs. Nissan Motor Corporation. Uzi Nissan owned nissan dot com, under which he operated several private businesses. It was obviously a legitimate use of the domain. When Nissan Motors decided to join the web, they found that "their" domain was already taken, so they politely asked him to sell it to them.

Just kidding. They started throwing lawyers at him, suing him for cybersquatting and trademark infringement (even though Uzi did not use any of their registered trademarks). They kept appealing and launching new suits, and Uzi Nissan kept fighting them. Sadly, the corporation eventually won when Uzi Nissan passed away.

@chriswho

@karlauerbach
One of the most insidious examples was Uzi Nissan vs. Nissan Motor Corporation. Uzi Nissan owned nissan dot com, under which he operated several private businesses. It was obviously a legitimate use of the domain. When Nissan Motors decided to join the web, they found that "their" domain was already taken, so they politely asked him to sell it to them.

Karl Auerbach

@violet @chriswho I am personally aware of these kinds of situations, not only because of my involvement with ICANN but also because our company (and myself) have had (and still have) nice three letter domain names in .com and .org (sometimes with pairs in each of those TLDs.)

(We've sold some, given some away [we didn't realize their marke value at the time], and been threatened. Fortunately we have had these since before the dawn of the world wide web, so we can play a pretty big "we were there first" trump card.)

I believe domain names are slowly fading as good trademark properties, but I doubt that it will ever go away.

I wrote this in 2017...

Domain Names Are Fading From User View

cavebear.com/cavebear-blog/fad

@violet @chriswho I am personally aware of these kinds of situations, not only because of my involvement with ICANN but also because our company (and myself) have had (and still have) nice three letter domain names in .com and .org (sometimes with pairs in each of those TLDs.)

(We've sold some, given some away [we didn't realize their marke value at the time], and been threatened. Fortunately we have had these since before the dawn of the world wide web, so we can play a pretty big "we were there...

Ghost of Enrico Palazzo 🎃

@chriswho

There was a smaller billboard for a real estate agent that I would walk past on the way to work.

Big cheesy smiling face of the agent took up a big chunk of the space.

Then one day someone put large googly eyes on it. It was stupid, and juvenile and I absolutely loved it.
It stayed that was for several days before the billboard company removed them. That lasted a few days and the googly eyes came back.

It went on like this until the agent relented and had the sign replaced with one without a headshot. Which was kind of a bummer.

Certainly nowhere near Banksy's talent, but I was cheering for Googly Eye all the same.

@chriswho

There was a smaller billboard for a real estate agent that I would walk past on the way to work.

Big cheesy smiling face of the agent took up a big chunk of the space.

Then one day someone put large googly eyes on it. It was stupid, and juvenile and I absolutely loved it.
It stayed that was for several days before the billboard company removed them. That lasted a few days and the googly eyes came back.

SamuelJohnson

@Sir_Osis_of_Liver @chriswho I used to pass a travel agent's office on my way to work. The window had some posters for sunny destinations, one of which featured a couple supposedly catching a fish on a fine sandy Mediterranean beach. One day I realized that the line hanging from the rod was hanging straight down and flatfish on the end was certainly 100% dead. Ergo the whole thing was staged and completely fake. Amused me every time I passed.

King Kaufman

@Sir_Osis_of_Liver @chriswho

If I was the real estate agent I'd have replaced the sign with one where I had googly eyes. Plus some relatable, funny, I can laugh at myself text.

King Kaufman

@Sir_Osis_of_Liver @chriswho

This is not why I don't work in advertising — I hate advertising about as much as Banksy does — but if I wanted to work in advertising, this would be why that wouldn't work out.

Snowshadow

@Sir_Osis_of_Liver Yaaay for googly eyes. I approve! (is it obvious I dislike real estate agents? lol)@chriswho

Richard Webb

@Sir_Osis_of_Liver @chriswho

Only a fool underestimates the awesome power of googley eyes.

(The barstewards even attacked this post - changing the eyes to the property of a once non-evil IT company. Sneaky autocorrect)

yunchtime

@chriswho

subvertising and agit-prop are the only solution to the dialed in advertising nightmare we live in.

SamuelJohnson

@yunchtime @chriswho Regulation is vital. Only 2 countries allow direct marketing of drugs to the population (US and NZ). The rest regulate, for good reasons. We need to extend the regulation:

eff.org/wp/behind-the-one-way-

Most people have no clue how their data is collected and used.

yunchtime

@samueljohnson @chriswho

before Reagan it was illegal to push pharmaceuticals in direct advertising. Except for Biden pushing back on some drug prices I've seen almost no action to reverse this mess. as for us -- the working stiffs -- what are the options? call my senator? that has worked zero times so far for me in the last forty years... agit prop is good, though. anybody can get into it! and the ideas are multipliers. I'm all for regulation... and the EFF.

Mx Amber Alex

@samueljohnson @yunchtime @chriswho not true. There's tons of advertisements on the TV and radio for drugs (congestion, cold, painkillers, etc) in Germany.

René M. Grabow

@chriswho

/full agree
from my pov
copyright is braindamage

unlucio 🌍 :mastodon:

@chriswho we need the right to NOT be the target of marketing and advertising.

MadeInDex

@unlucio @chriswho

Let's do what Banksy does, destroy it by changing it ;)

MadeInDex

@chriswho
Taking from some of the evil international corporations and using their work against them,

creating something for the inspiration and amusement of the little man:

Banksy is as close as we can get to a modern day Robin Hood! 🏹 🥬

More here: mastodon.social/@madeindex/112

nsfw :donor:

@chriswho Def Con last year. Wayne and that cake dude didn't stand a chance.

BlondHimbo
Realtors signs are a handy source of sheet metal for crafting
GlitchyXP

go spraypaint on an ad billboard or smth

Stoneface Vimes

@chriswho what I've long thought regarding adverts.

Richard Webb

@chriswho Following the lead of China Miéville, I am getting good at unseeing those horrible big screens all over Edinburgh. Breach will not get me.
Hateful things

RobertJackson

@chriswho

Ditto "Sound installation art" in an art gallery.

Go to an art gallery to look at statues and pictures ... you can choose what you gaze at.

Someone puts a set of speakers in there and turns on the sound ... you can't turn off your ears!

Sound installation art imposes its presence over all other art nearby.

It's nigh on Fascist.

myrmepropagandist

@chriswho

I had no idea he had the same religion as me!

(My religion says I cannot look at ads from people I do not know. )

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