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(Hot Air) Strange Disney Pixar Films animatedly angry over Pixar oil pipelines   (hotair.com) divider line 46
More: Strange, Disney, Pixar, Pixar films, Christmas in the media, animation studios, Western Canada, peak oils, Pixar oil pipelines  
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9799 clicks; posted to Main » on 02 Dec 2011 at 12:09 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»   |    Get this fabulous T-Shirt and impress the methane out of your friends! shirt it!



46 Comments   (+0 »)
   
 
2011-12-02 12:14:06 PM
Intellectual-property lawyers said it isn't clear that the oil company's use of the Pixar name could be considered trademark infringement because it is in such a different business, selling such different products.

"In an infringement claim, the issue is whether...the relevant consuming public is likely to be confused," said Gloria Phares, an attorney with Patterson Belknap Webb & Tyler LLP who specializes in intellectual property. "But just because you have a mark in one area, like in animation, doesn't mean you have a monopoly on a mark."

Other intellectual-property lawyers realize that this is a fanciful, made-up word, and is a famous mark, widely known worldwide, and that this is therefore a case of trademark dilution, rather than classic "likelihood-of-confusion" infringement, and that Ms. Phares analysis is irrelevant at best.
 
2011-12-02 12:18:37 PM
disney-clipart.com

NO PIPES!

/hot like being sucked through a jet engine
 
2011-12-02 12:19:23 PM
They're just pissed off that an evil oil company is going to make more money per week than Cars 2 ever will
 
2011-12-02 12:20:30 PM
i149.photobucket.com
Like, what do you Yanks think those SUVs of yours run on, eh?
Tinkerbell ass juice?
 
2011-12-02 12:23:39 PM
I like all the companies linked to Pixar oil.
 
2011-12-02 12:24:27 PM
Pixar Animation vs Pixar Petroleum?

I see no consumer confusion whatsoever.
 
2011-12-02 12:27:35 PM
Wasn't the whole point of the name Exxon replacing ESSO/SO/Standard Oil was than the word Exxon literally means nothing in any language? Pretty sure the word Pixar doesn't mean anything or existed before Steve Jobs bought it. Seems like copyright laws need to be updated so that when you make a word that is complete gibberish as your brand (Accenture and countless perscription drugs come to mind), you're the only who gets to use it.

/For those who hate big evil corporations, for whom do you root?
//Mickey The Rat or Big Canadian Oil?
 
2011-12-02 12:32:09 PM
Pixar - from pixel and the co-founder's name, Alvy Ray Smith. According to the biography "The Second Coming of Steve Jobs" by Alan Deutschman, the 'el' in pixel was changed to 'ar' because 'ar' is frequently used in Spanish verbs, implying the name means "To Pix".
 
2011-12-02 12:32:32 PM
beta_plus: Wasn't the whole point of the name Exxon replacing ESSO/SO/Standard Oil was than the word Exxon literally means nothing in any language? Pretty sure the word Pixar doesn't mean anything or existed before Steve Jobs bought it. Seems like copyright laws need to be updated so that when you make a word that is complete gibberish as your brand (Accenture and countless perscription drugs come to mind), you're the only who gets to use it.

/For those who hate big evil corporations, for whom do you root?
//Mickey The Rat or Big Canadian Oil?


The Lawyers. They are set to make a metric shiatload of money regardless of who wins/loses.
 
2011-12-02 12:33:02 PM
The pipelines are shopped. I can see the pixelars
 
2011-12-02 12:33:49 PM
Apos: Pixar Animation vs Pixar Petroleum?

I see no consumer confusion whatsoever.


So? (new window)
 
2011-12-02 12:34:49 PM
Theaetetus: Intellectual-property lawyers said it isn't clear that the oil company's use of the Pixar name could be considered trademark infringement because it is in such a different business, selling such different products.

"In an infringement claim, the issue is whether...the relevant consuming public is likely to be confused," said Gloria Phares, an attorney with Patterson Belknap Webb & Tyler LLP who specializes in intellectual property. "But just because you have a mark in one area, like in animation, doesn't mean you have a monopoly on a mark."

Other intellectual-property lawyers realize that this is a fanciful, made-up word, and is a famous mark, widely known worldwide, and that this is therefore a case of trademark dilution, rather than classic "likelihood-of-confusion" infringement, and that Ms. Phares analysis is irrelevant at best.


I understood that whether a trademark infringes upon the intellectual property rights of another is dependant upon whether there is a product sold or confusingly similar to the registered mark's product or service, for example if used in association with similar wares or services. In this case, I would think that the oil company may be fine in using Pixar.
 
2011-12-02 12:35:57 PM
beta_plus: Pretty sure the word Pixar doesn't mean anything or existed before Steve Jobs bought it. Seems like copyright laws need to be updated so that when you make a word that is complete gibberish as your brand (Accenture and countless perscription drugs come to mind), you're the only who gets to use it.

Trademark, not copyright. If copyright laws were updated to say that, then you couldn't have written that post.
And trademark laws already have been updated so that if you make up a complete gibberish word - a.k.a. a "fanciful" word - you are the only person who gets to use it in commerce.
 
2011-12-02 12:38:06 PM
rattchett: Theaetetus: Intellectual-property lawyers said it isn't clear that the oil company's use of the Pixar name could be considered trademark infringement because it is in such a different business, selling such different products.

"In an infringement claim, the issue is whether...the relevant consuming public is likely to be confused," said Gloria Phares, an attorney with Patterson Belknap Webb & Tyler LLP who specializes in intellectual property. "But just because you have a mark in one area, like in animation, doesn't mean you have a monopoly on a mark."

Other intellectual-property lawyers realize that this is a fanciful, made-up word, and is a famous mark, widely known worldwide, and that this is therefore a case of trademark dilution, rather than classic "likelihood-of-confusion" infringement, and that Ms. Phares analysis is irrelevant at best.

I understood that whether a trademark infringes upon the intellectual property rights of another is dependant upon whether there is a product sold or confusingly similar to the registered mark's product or service, for example if used in association with similar wares or services. In this case, I would think that the oil company may be fine in using Pixar.


Nope. As I said, this is a fanciful, made up word. This is a case of trademark dilution, rather than classic "likelihood-of-confusion" infringement. Trademark dilution does not require confusion.

/how many times do I have to say the same thing, when you responded to my earlier post but apparently didn't read it?
 
2011-12-02 12:38:41 PM
FTFA: I wonder if Disney really has enough muscle to shut them down?

The Answer is Yes, don't fark with the mouse.
 
2011-12-02 12:39:05 PM
Theaetetus: Apos: Pixar Animation vs Pixar Petroleum?

I see no consumer confusion whatsoever.

So? (new window)


Point taken.
 
2011-12-02 12:48:43 PM
Question for those in here with a GED in intellectual property law. Why would a Canadian company have to follow United States of America trademark laws? Can't the Canadian company tell Pixar and the US courts to go screw themselves?
 
2011-12-02 12:48:53 PM
Good idea, fark with the guys who basically get to define when IP rights to a character expire. That will go really well for you.

(don't mess with the mouse, he'll take your balls)
 
2011-12-02 12:49:39 PM
JPINFV: Question for those in here with a GED in intellectual property law. Why would a Canadian company have to follow United States of America trademark laws? Can't the Canadian company tell Pixar and the US courts to go screw themselves?

ANY other company, probably. But this is Disney. They'll kill you.
 
2011-12-02 12:50:40 PM
Theaetetus:

/how many times do I have to say the same thing, when you responded to my earlier post but apparently didn't read it?


I read it, I just did not realize that dilution was recognized by Canadian courts and thought instead that the other criteria was paramount in this jurisdiction. From what I understand from a very brief review of the case law (Veuve Clicquot Ponsardin v. Boutiques Cliquot Ltée.), I am not sure that it carries the same weight here as it does in the USA. However, you may be right, I am not an IP lawyer.
 
2011-12-02 12:50:53 PM
Theaetetus: Other intellectual-property lawyers realize that this is a fanciful, made-up word, and is a famous mark, widely known worldwide, and that this is therefore a case of trademark dilution, rather than classic "likelihood-of-confusion" infringement, and that Ms. Phares analysis is irrelevant at best.

So, what are the consequences of trademark dilution? Can Pixar sue over that, or do they only have a case if it's classical infringement?
 
2011-12-02 12:52:53 PM
Duke Phillips' Singing Bears: ANY other company, probably. But this is Disney. They'll kill you.

Just ask the Jonas Brothers (NSFW Language)
 
2011-12-02 12:53:57 PM
Tom_Slick: Duke Phillips' Singing Bears: ANY other company, probably. But this is Disney. They'll kill you.

Just ask the Jonas Brothers (NSFW Language)


Can't click, at work, but if it is what I think it is, I love that scene.
 
2011-12-02 12:54:35 PM
Perhaps they just resolve the dispute over a nice game of chess.
 
2011-12-02 12:58:53 PM
Smeggy Smurf: They're just pissed off that an evil oil company is going to make more money per week than Cars 2 ever will

Cars 2 pulled in a half billion world wide. And Cars remains Pixars biggest money maker when you account for film receipts, toys, theme parks, dvd sales, etc. The Cars franchise just mints money.

/so the film doesn't appeal to you or I - but it does appeal to the Nascar crowd
 
2011-12-02 12:59:34 PM
What confuses me so much is that the article credits Steve Jobs with making up the name Pixar. Jobs had nothing to do with thinking it up. It was entirely Alvy Ray Smith, as can be read in both the wiki on the subject and his biography.

The reality distortion field is incredibly powerful, but facts are still facts.
 
2011-12-02 12:59:56 PM
JPINFV: Question for those in here with a GED in intellectual property law. Why would a Canadian company have to follow United States of America trademark laws? Can't the Canadian company tell Pixar and the US courts to go screw themselves?

Sure, but Pixar can also go to a Canuckistan court, since our frosty and polite neighbors to the north are signatories to the TRIPS treaty.

Additionally, Pixar Oil probably wants to sell product to US consumers or companies, rather than having it confiscated by customs. :)

Some 'Splainin' To Do: So, what are the consequences of trademark dilution? Can Pixar sue over that, or do they only have a case if it's classical infringement?

Nope, they can sue over that too. The relevant US law is the Lanham Act, sec. 43 (15 USC 1125) (new window). Look at part c specifically.

I don't know the relevant Canadian law, but they have a similar one.
 
2011-12-02 01:01:48 PM
bravian: /so the film doesn't appeal to you or I - but it does appeal to the Nascar crowd

It also appeals to all little boys who love to play with cars, which is almost all of them. My nephew had a Hot Wheels car in each hand constantly from age 2-5.
 
2011-12-02 01:13:12 PM
Theaetetus: rattchett: Theaetetus: Intellectual-property lawyers said it isn't clear that the oil company's use of the Pixar name could be considered trademark infringement because it is in such a different business, selling such different products.

"In an infringement claim, the issue is whether...the relevant consuming public is likely to be confused," said Gloria Phares, an attorney with Patterson Belknap Webb & Tyler LLP who specializes in intellectual property. "But just because you have a mark in one area, like in animation, doesn't mean you have a monopoly on a mark."

Other intellectual-property lawyers realize that this is a fanciful, made-up word, and is a famous mark, widely known worldwide, and that this is therefore a case of trademark dilution, rather than classic "likelihood-of-confusion" infringement, and that Ms. Phares analysis is irrelevant at best.

I understood that whether a trademark infringes upon the intellectual property rights of another is dependant upon whether there is a product sold or confusingly similar to the registered mark's product or service, for example if used in association with similar wares or services. In this case, I would think that the oil company may be fine in using Pixar.

Nope. As I said, this is a fanciful, made up word. This is a case of trademark dilution, rather than classic "likelihood-of-confusion" infringement. Trademark dilution does not require confusion.

/how many times do I have to say the same thing, when you responded to my earlier post but apparently didn't read it?


Amazing, some guy on Fark knows more than a team of lawyers working for an oil company. I love this site.

/lawyers win
 
2011-12-02 01:14:21 PM
rattchett: I understood that whether a trademark infringes upon the intellectual property rights of another is dependant upon whether there is a product sold or confusingly similar to the registered mark's product or service, for example if used in association with similar wares or services. In this case, I would think that the oil company may be fine in using Pixar.

The only problem I see is people are stupid, and if something happened on the pipeline, causing catastrophe, damage, etc. people would hear the name Pixar and associate it with that, thus hurting the good, positive, family-friendly branding of the name for the past however many years.

Further, break down most large companies and you'd be quite surprised to see how many seemingly dissimilar brands and products are grouped under one large company.

In that sense, I can see the objection, though I am not sure that it can withstand the test of law.

THAT said, World Wildlife Federation caused the World Wrestling Federation to change its name, and the odds of confusing those two were next to none.
 
2011-12-02 01:18:09 PM
StoPPeRmobile: Amazing, some guy on Fark knows more than a team of lawyers working for an oil company. I love this site.

Fark's quite a diverse group. Who knows, I may even be a team of lawyers.
 
2011-12-02 01:37:24 PM
Theaetetus: StoPPeRmobile: Amazing, some guy on Fark knows more than a team of lawyers working for an oil company. I love this site.

Fark's quite a diverse group. Who knows, I may even be a team of lawyers.


Team of lawyers or Agents provocateur, in my Fark? If I were of the tinfoil hat wearing community I might say something like that.

I am willing to bet that some of the comments on this site would shock the shiat out of some wielding power or wealth.

But then the reality hit and I realize it's just a bunch of clever geeks and nerds that can't get women.

Oh, and fark Steamboat Willy. fark him in the ass until he bleeds.

/In this country, you gotta make the money first. Then when you get the money, you get the power. Then when you get the power, then you get the women.
 
2011-12-02 01:53:01 PM
Does the Pixar pipeline supply oil for Dinoco gas stations?

images.wikia.com

/can't believe I'm first with this
 
2011-12-02 01:56:52 PM
bravian: Smeggy Smurf: They're just pissed off that an evil oil company is going to make more money per week than Cars 2 ever will

Cars 2 pulled in a half billion world wide. And Cars remains Pixars biggest money maker when you account for film receipts, toys, theme parks, dvd sales, etc. The Cars franchise just mints money.

/so the film doesn't appeal to you or I - but it does appeal to the Nascar crowd


Are you disputing that the oil company won't make half a billion in a week?
 
2011-12-02 02:11:26 PM
bravian: Cars 2 pulled in a half billion world wide. And Cars remains Pixars biggest money maker when you account for film receipts, toys, theme parks, dvd sales, etc. The Cars franchise just mints money.

/so the film doesn't appeal to you or I - but it does appeal to the Nascar crowd 3 to 5 year olds


Consider that for YEARS after Cars came out, stores still had trouble keeping the cars in stock.
 
2011-12-02 02:15:44 PM
beta_plus: Wasn't the whole point of the name Exxon replacing ESSO/SO/Standard Oil was than the word Exxon literally means nothing in any language? Pretty sure the word Pixar doesn't mean anything or existed before Steve Jobs bought it. Seems like copyright laws need to be updated so that when you make a word that is complete gibberish as your brand (Accenture and countless perscription drugs come to mind), you're the only who gets to use it.

/For those who hate big evil corporations, for whom do you root?
//Mickey The Rat or Big Canadian Oil?


I'm rooting against monopolies. IP laws should only be as strong as minimally necessary in order to accomplish what they are intended to do.

Owning a monopoly on a word is absurd.
 
2011-12-02 03:44:42 PM
I make these amazing soft drapes for doll house windows.

/MicroSoft for Windows
 
2011-12-02 03:57:50 PM
peterthx: Does the Pixar pipeline supply oil for Dinoco gas stations?

[images.wikia.com image 500x289]

/can't believe I'm first with this


BRAVO +1
 
2011-12-02 05:29:31 PM
FarmBoy: peterthx: Does the Pixar pipeline supply oil for Dinoco gas stations?

[images.wikia.com image 500x289]

/can't believe I'm first with this

BRAVO +1


I was stopping by to suggest Disney lease the Dinoco brand to them. Why not have some fun with it?
 
2011-12-02 06:18:21 PM
For those who don't seem to get it, here's a bit from an IP outline I used at a lecture at a local anime con.

Dilution : Gives the owner of a famous or iconic trademark standing to forbid others from using that mark in a way that would lessen its uniqueness.

1) Used in cases where the goods and services of the marks in question have little relation.
For non famous marks, the criteria is likelihood of confusion

2) General criteria for the mark:
a) Distinctive
b) Famous
c) Unique

3) Not applicable to surnames like Ford or Zamboni


/Too bad fark doesn't seem to support lists.
 
2011-12-02 08:21:25 PM
bravian: Smeggy Smurf: They're just pissed off that an evil oil company is going to make more money per week than Cars 2 ever will

Cars 2 pulled in a half billion world wide. And Cars remains Pixars biggest money maker when you account for film receipts, toys, theme parks, dvd sales, etc. The Cars franchise just mints money.

/so the film doesn't appeal to you or I - but it does appeal to the Nascar crowd


That is not an accomplishment! They're entertained by cars driving in a circle 400 times.
 
2011-12-02 09:35:55 PM
LoneWolf343:
That is not an accomplishment! They're entertained by cars driving in a circle 400 times.


More entertaining than watching freakishly tall & skinny guys dribble a ball back and forth.

Or guys running around endlessly kicking a ball back and forth where 0-0 is a typical score.
 
2011-12-03 01:41:20 AM
Don't fark with the Mouse.
 
2011-12-03 02:53:49 AM
peterthx: LoneWolf343:
That is not an accomplishment! They're entertained by cars driving in a circle 400 times.

More entertaining than watching freakishly tall & skinny guys dribble a ball back and forth.

Or guys running around endlessly kicking a ball back and forth where 0-0 is a typical score.


Don't watch either of those either, buddy.
 
2011-12-03 05:30:26 AM
Since oil and animation are different enough to avoid "confusion" or "dilution" or perhaps "conlution," I look forward to making a shiat-ton of money selling Fark™ brand condoms, macaroni and cheese, playing cards, diapers, dictionaries, laundry detergent, and pesticide.

/not all in the same package
//would make the mac and cheese taste like Kraft
 
2011-12-03 10:37:46 AM
Buzzerguy: Since oil and animation are different enough to avoid "confusion" or "dilution" or perhaps "conlution,"

Nice job missing the point.

Confusion is when the products are similar.
Dilution is when the products are unrelated, but the mark involved is famous.
 
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