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abigail_lauren: Catastrophe. @taylorswift

Paypal, what the heck does your user agreement even mean?

Carla Speed McNeil alerted me to this Paypal images license change which goes into effect on June 1st. WHAT THE HECK?

“When providing us with content or posting content (in each case for publication, whether on- or off-line) using the Services, you grant the PayPal Group a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against the PayPal Group, its sublicensees or assignees. You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and the PayPal Group’s use of such content (including of works derived from it) in connection with the Services.”

Full changes to license here.

OK, what I think they are trying to get at is that if one of your images in embedded in a Paypal button (or something) then you give them the right to do that. Which they’d probably have the right to do through fair use anyway.

But this gives Paypal ridiculously broad rights beyond that, and it is something creators should be aware of.

Also, it occurs to me that someone selling art they did not do, say a dealer, is violating this agreement because they do not create or own the intellectual property rights to the art they sell.

How is Paypal going to be used to sell anything? A book, a manuscript, a painting, etc. But…you don’t own a book you are reselling, you don’t own the IP of a picture you are selling. You’re just selling a physical item you own. IP rights do not convey.

IP rights also should not convey to what is basically a money changing service.

Paypal’s response to me on Twitter.

If Paypal merely wants the right to retweet, then their user agreement should say “we have the right to retweet or to post a letter you write us!” instead of making a broad statement about how they also get things like trademarks in anything you “post” or “provide”. The user agreement is too broad and needs a rewrite.

UPDATE: Some excellent commentary on the language of the user agreement. Not going to grab your rights, but the language of the agreement is still lousy.

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New trademarks

Word Mark: SCARE & MAKEUP
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES
Serial Number: 86446042
Filing Date: November 5, 2014

Word Mark: KIERAN VALENTINE
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES
Serial Number: 86446039
Filing Date: November 5, 2014

Word Mark: DJINNI “WHISP” GRANT
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES
Serial Number: 86446038
Filing Date: November 5, 2014

Word Mark: FEARCE FILLIES
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES, TOY FIGURES AND ACCESSORIES THEREFOR
Serial Number: 86446036
Filing Date: November 5, 2014

Word Mark: FRIGHT-MARES
Goods and Services: DOLLS IN THE FORM OF CENTAURS, DOLL CLOTHING AND DOLL ACCESSORIES, TOY FIGURES IN THE FORM OF CENTAURS AND ACCESSORIES THEREFOR
Serial Number: 86446035
Filing Date: November 5, 2014

Word Mark: GORE-GEOUS ACCESSORIES
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES
Serial Number: 86443816
Filing Date: November 4, 2014

Word Mark: FRETS QUARTZMANE
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES
Serial Number: 86443825
Filing Date: November 4, 2014

Terrible human being tries to trademark “I Can’t Breathe” 

There’s something uniquely despicable about profiting from the suffering of others. In the mind of one Illinois woman, it’s the suffering of black people that’s up for sale.

The same day thousands of protesters marched nationwide against the disturbing trend of unarmed black people killed by police, Catherine Crump filed to trademark the final words of Eric Garner, which have since become a rallying cry against police brutality: “I can’t breathe.”

This just doesn’t add up.

youtube

“Guys, guys, I have total respect for you. When I named my company ‘Washington Redskins,’ it was out of deep appreciation for your team and your people.”

Now this is how you do it. 

Metal band takes Taylor Swift to task with hilarious protest song 

Last Wednesday, we learned how far the Taylor Swift marketing machine will go to protect her assets. Vox revealed that, shortly before the release of 1989, Swift submitted trademark requests for five common English phrases which appear as lyrics on her album, including “Nice to Meet You, Where You Been?"™, "Could Show You Incredible Things"™ and "This Sick Beat"™. These may be the first trademarked lyrics in the entire English canon.

Ben Norton from the prog-metal band Peculate isn’t too keen on the idea, so he wrote this song.

Word Mark: ROYALLY WICKED
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES, DOLL PLAYSETS AND ACCESSORIES THEREFOR
Serial Number: 86480256
Filing Date: December 15, 2014

Word Mark: POSEA REEF
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES
Serial Number: 86480262
Filing Date: December 15, 2014

Word Mark: PEARL SERPENTINE
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES
Serial Number: 86480258
Filing Date: December 15, 2014

Word Mark: BAY TIDECHASER
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES, TOY FIGURES AND ACCESSORIES THEREFOR
Serial Number: 86480251
Filing Date: December 15, 2014

Word Mark: PITCH FIREHOOF
Goods and Services: DOLLS, DOLL CLOTHING AND DOLL ACCESSORIES, TOY FIGURES AND ACCESSORIES THEREFOR
Serial Number: 86480249
Filing Date: December 15, 2014

Royally Wicked could be tagline for Faybelle Thorn.

Trademarks Pitch Firehoof, Bay Tidechaser, Pearl Serpentine and Posea Reef probably have connection to Fright-Mares and Sea-Mares