Derby #272: College Shirts
+29

Toll House Tech

Toll House Tech
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aerc712


quality posts: 4 Private Messages aerc712
Re: Toll House Tech


I like it - the googly eyes are super adorable. However, I wonder if there might be issues with using a brand name...

neuropsychosocial


quality posts: 171 Private Messages neuropsychosocial
aerc712 wrote:I like it - the googly eyes are super adorable. However, I wonder if there might be issues with using a brand name...

This is adorable. However, "Toll House" is trademarked and that's even worse than copyright in terms of shirt.woot, because there's no "parody" exception for trademarks, I believe.

RIP A.A. Blanks (Obituary)

aerc712


quality posts: 4 Private Messages aerc712
neuropsychosocial wrote:This is adorable. However, "Toll House" is trademarked and that's even worse than copyright in terms of shirt.woot, because there's no "parody" exception for trademarks, I believe.


Yup. I looked up after I commented and was too lazy to edit the original post, heh. Nestle trademarked "toll house", so unless woot's lawyers have all had lobotomies, there's no way this one can stick around.

aerc712


quality posts: 4 Private Messages aerc712
Re: Toll House Tech


I'd edit the last one, but the handy dandy edit button is hiding....

The core of the design is great, so perhaps the name and initials in the banner could be changed to a different, legally ok cookie reference. Or just "cookie college" if you wanted the alliteration aspect still.

no1


quality posts: 7 Private Messages no1
aerc712 wrote:Yup. I looked up after I commented and was too lazy to edit the original post, heh. Nestle trademarked "toll house", so unless woot's lawyers have all had lobotomies, there's no way this one can stick around.


all i can find on this topic is that a federal judge vacated nestle's trademark in 1983.

http://www.cookie-smart.com/history-of-chocolate-chip-cookies.html
newspaper clipping on google about the ruling

do you have a more authoritative source?

aerc712


quality posts: 4 Private Messages aerc712
no1 wrote:all i can find on this topic is that a federal judge vacated nestle's trademark in 1983.

http://www.cookie-smart.com/history-of-chocolate-chip-cookies.html
newspaper clipping on google about the ruling

do you have a more authoritative source?


When I searched nestle tollhouse, many of the entries had the registered trademark logo after tollhouse. Excuse me for thinking that meant the brand name was trademarked.

Between this and the shenanigans about Empire State I give up. I wasn't out to get anyone's design rejected. I'm not trying to pull the shenanigans that have been making the derby so ridiculous these past few weeks. There, and here, I was going with what I thought were straightforward facts.

ETA: To play this silly game - here... http://www.nestlecafe.com/legal
"Nestlé, Toll House®, Nestlé Makes the Very Best, Nescafé® and certain other marks featured on this website and in cafés are registered trademarks"
That enough to justify why I would say "toll house" is trademarked?

j5


quality posts: 63 Private Messages j5
no1 wrote:
do you have a more authoritative source?

She's right. This topic sparked my interest, so I did my own bit of sleuthing. There is a Lexis Nexis article from 1986 (for which I'm not paying) about Nestle's appeal of the 1983 ruling. Looks like they won it.

move along

aerc712


quality posts: 4 Private Messages aerc712
j5 wrote:She's right. This topic sparked my interest, so I did my own bit of sleuthing. There is a Lexis Nexis article from 1986 (for which I'm not paying) about Nestle's appeal of the 1983 ruling. Looks like they won it.


Thank you.

In the case of the cookie shirt and in your Empire State design my comments were not left with any ill-will. I honestly thought, whether intentional or not, that both conflicted with a derby rule.

I typically don't comment on a design meeting/violating rules, but I broke from that this week. Again, this wasn't meant to be an attack or anything on the artists and what they did. I hate when something gets rejected in the late stages of the derby, so when I noticed the issues, I commented. I am not one of the people on a mission to get works rejected. The sooner an artist knows about a potential problem, the sooner they can work on another design.

Mavyn


quality posts: 22 Private Messages Mavyn
aerc712 wrote:Thank you.

In the case of the cookie shirt and in your Empire State design my comments were not left with any ill-will. I honestly thought, whether intentional or not, that both conflicted with a derby rule.

I typically don't comment on a design meeting/violating rules, but I broke from that this week. Again, this wasn't meant to be an attack or anything on the artists and what they did. I hate when something gets rejected in the late stages of the derby, so when I noticed the issues, I commented. I am not one of the people on a mission to get works rejected. The sooner an artist knows about a potential problem, the sooner they can work on another design.


Keep doing so. Until the artists whine, don't take it personally that some of the voters see it as a bad thing. I think most artists would rather hear 'this might be a problem' than be rejected. For those that don't---well, this is the internet. They need to toughen up.

My speech is not parsing. I am speaking in ellipsis.

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