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(Boing Boing)   "Ikea's C&D letter against Ikeahackers, a site for people who like to hack Ikea furniture, attempting to shut the site down is, as a matter of law, steaming bullshiat"   (boingboing.net) divider line 29
    More: Sad, trademarks  
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2734 clicks; posted to Business » on 16 Jun 2014 at 1:09 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



29 Comments   (+0 »)
   
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2014-06-16 12:18:32 PM  
Ikea's C&D is, as a matter of law, steaming bullshiat. There's no trademark violation here -- the use of Ikea's name is purely factual.

Yes, that's true. However:

Trademark law is surrounded by urban legends... Finally, trademark is not copyright: there is no parody "defense" (nor is one needed), there is no fair use, there is no need for any of that stuff.

That's false. In fact, that bit about the use of Ikea's name being purely factual and therefore not a trademark violation is a doctrine called "nominative fair use". Specifically, it's not infringement when you use a trademark specifically to refer to the trademarked product, you only use as much of the mark as necessary for identification, and you do nothing to suggest sponsorship or endorsement by the trademark holder. Ikeahackers literally can't talk about hacking Ikea products without using the name "Ikea". Since they're not implying any sponsorship by Ikea, their use falls pretty squarely under nominative fair use.
 
2014-06-16 01:12:04 PM  
Not clicking a BoingBoing link, but I'm guessing Ikea just wants them to take their name out of the website/title, instead of shutting down altogether?
 
2014-06-16 01:31:09 PM  

clkeagle: Not clicking a BoingBoing link, but I'm guessing Ikea just wants them to take their name out of the website/title, instead of shutting down altogether?


According to TFA, they agreed to let her keep the site up if she removed any and all forms of revenue stream, so she's got to remove the ads that were paying to keep the site up.
 
2014-06-16 02:05:35 PM  
Way to apply the screws which require a hex wrench.
 
2014-06-16 02:17:54 PM  
She should refocus her efforts on how to replace ikea garbage with something useful.
 
2014-06-16 02:19:24 PM  

clkeagle: Not clicking a BoingBoing link, but I'm guessing Ikea just wants them to take their name out of the website/title, instead of shutting down altogether?


What the hell?
Boing Boing now gets the 'WND/American Thinker' clickcancer treatment?
 
2014-06-16 02:20:22 PM  
You'd think they'd like a site that encourages somebody to buy their product.
 
2014-06-16 02:28:14 PM  

exparrot: clkeagle: Not clicking a BoingBoing link, but I'm guessing Ikea just wants them to take their name out of the website/title, instead of shutting down altogether?

What the hell?
Boing Boing now gets the 'WND/American Thinker' clickcancer treatment?


BoingBoing is the WND/American Thinker/Breitbart of technohipsterism.
And their comment moderation practices are as derpy as Free Republic.
Their editors are some of the biggest, whiniest, most entitled, self-righteous attention whores on the internet.
 
2014-06-16 02:30:15 PM  

AspectRatio: BoingBoing is the WND/American Thinker/Breitbart of technohipsterism.


Go outside. Get some air. Maybe take a nice walk.
 
2014-06-16 02:40:06 PM  
that's more bending and less hacking
 
2014-06-16 02:45:19 PM  
1. People find more uses for a store's products, ostensibly boosting sales.
2. Store is outraged?
Stoopidfloogen
 
2014-06-16 02:49:22 PM  

MugzyBrown: You'd think they'd like a site that encourages somebody to buy their product.


this.  I have recently built an activity tower using the idea my wife found on IkeaHackers, if the site didn't exist, I wouldn't have bought the stool needed for the project.   If Ikea were smart, they would buy the site owner out and use it as their own site to promote their products.

official Activity Towers run $200, IkeaHack Tower, $50.
 
2014-06-16 02:51:12 PM  

MugzyBrown: You'd think they'd like a site that encourages somebody to buy their product.

nocturnal001: 1. People find more uses for a store's products, ostensibly boosting sales.
2. Store is outraged?
Stoopidfloogen


1. People see neat idea on Ikeahacker, buy part A from kit 1, part B from kit 2, and part C from kit 3 to assemble it.
2. Product collapses because Parts A-C were never designed to actually go together, even though they might look good.
3. Customer is outraged at Ikea, not Ikeahacker.
4. Ikea, receiving complaints about a product configuration they never designed, gets all omgwtf.

I can see Ikea being upset about it, but the proper response is to have Ikeahacker put a big disclaimer on each page that this is all "at your own risk" and shiat. Currently, they have a disclaimer, but it only appears on the start/start here page:
Furniture may be destroyed in the process and/or the structural integrity of the furniture and its safety standards may be compromised. Hacking have its risk. Don't say you're not warned. ;)
And most visitors will never see that page, since they arrive via links to specific hacks.
 
2014-06-16 03:10:12 PM  

Hyjamon: MugzyBrown: You'd think they'd like a site that encourages somebody to buy their product.

this.  I have recently built an activity tower using the idea my wife found on IkeaHackers, if the site didn't exist, I wouldn't have bought the stool needed for the project.   If Ikea were smart, they would buy the site owner out and use it as their own site to promote their products.

official Activity Towers run $200, IkeaHack Tower, $50.


If IKEA supports, encourages, or even just fails to defend itself against ikeahacker, then it opens itself up to liability when some cobbled-together mishmash of crap falls over and injures someone.
 
2014-06-16 03:15:25 PM  

Crudbucket: If IKEA supports, encourages, or even just fails to defend itself against ikeahacker, then it opens itself up to liability when some cobbled-together mishmash of crap falls over and injures someone.


This is only true if they 'encourage' it.

They have enough product liability it doesn't matter how stupid the end user is, because thats the way the courts function.
 
2014-06-16 03:32:17 PM  

Crudbucket: Hyjamon: MugzyBrown: You'd think they'd like a site that encourages somebody to buy their product.

this.  I have recently built an activity tower using the idea my wife found on IkeaHackers, if the site didn't exist, I wouldn't have bought the stool needed for the project.   If Ikea were smart, they would buy the site owner out and use it as their own site to promote their products.

official Activity Towers run $200, IkeaHack Tower, $50.

If IKEA supports, encourages, or even just fails to defend itself against ikeahacker, then it opens itself up to liability when some cobbled-together mishmash of crap falls over and injures someone.


But according to TFA Ikea are happy to leave this website up and running. Their only beef is adverts on it, which would be far more likely to remind people it is an unofficial website not affiliated with Ikea.
 
2014-06-16 03:38:13 PM  

Flint Ironstag: Crudbucket: Hyjamon: MugzyBrown: You'd think they'd like a site that encourages somebody to buy their product.

this.  I have recently built an activity tower using the idea my wife found on IkeaHackers, if the site didn't exist, I wouldn't have bought the stool needed for the project.   If Ikea were smart, they would buy the site owner out and use it as their own site to promote their products.

official Activity Towers run $200, IkeaHack Tower, $50.

If IKEA supports, encourages, or even just fails to defend itself against ikeahacker, then it opens itself up to liability when some cobbled-together mishmash of crap falls over and injures someone.

But according to TFA Ikea are happy to leave this website up and running. Their only beef is adverts on it, which would be far more likely to remind people it is an unofficial website not affiliated with Ikea.


Plus, apparently, a lot of the ads are for Ikea competitors. That probably pisses 'em off.
 
2014-06-16 04:28:20 PM  

Theaetetus: MugzyBrown: You'd think they'd like a site that encourages somebody to buy their product.
nocturnal001: 1. People find more uses for a store's products, ostensibly boosting sales.
2. Store is outraged?
Stoopidfloogen

1. People see neat idea on Ikeahacker, buy part A from kit 1, part B from kit 2, and part C from kit 3 to assemble it.
2. Product collapses because Parts A-C were never designed to actually go together, even though they might look good.
3. Customer is outraged at Ikea, not Ikeahacker.
4. Ikea, receiving complaints about a product configuration they never designed, gets all omgwtf.

I can see Ikea being upset about it, but the proper response is to have Ikeahacker put a big disclaimer on each page that this is all "at your own risk" and shiat. Currently, they have a disclaimer, but it only appears on the start/start here page:
Furniture may be destroyed in the process and/or the structural integrity of the furniture and its safety standards may be compromised. Hacking have its risk. Don't say you're not warned. ;)
And most visitors will never see that page, since they arrive via links to specific hacks.


Is that really what happened though? (honestly asking I don't' know)
 
2014-06-16 04:58:10 PM  
Relaunch as FlatPackHacks , continue as usual.
 
2014-06-16 05:33:15 PM  

Theaetetus: Flint Ironstag: Crudbucket: Hyjamon: MugzyBrown: You'd think they'd like a site that encourages somebody to buy their product.

this.  I have recently built an activity tower using the idea my wife found on IkeaHackers, if the site didn't exist, I wouldn't have bought the stool needed for the project.   If Ikea were smart, they would buy the site owner out and use it as their own site to promote their products.

official Activity Towers run $200, IkeaHack Tower, $50.

If IKEA supports, encourages, or even just fails to defend itself against ikeahacker, then it opens itself up to liability when some cobbled-together mishmash of crap falls over and injures someone.

But according to TFA Ikea are happy to leave this website up and running. Their only beef is adverts on it, which would be far more likely to remind people it is an unofficial website not affiliated with Ikea.

Plus, apparently, a lot of the ads are for Ikea competitors. That probably pisses 'em off.


If only there were a way for Ikea to buy advertising on the Internet.
 
2014-06-16 07:41:52 PM  

Hebalo: Relaunch as FlatPackHacks , continue as usual.


Or as AllenWrenchHacks?
 
2014-06-16 08:01:46 PM  

clkeagle: Hebalo: Relaunch as FlatPackHacks , continue as usual.

Or as AllenWrenchHacks?


Hackea.com
 
2014-06-16 08:21:26 PM  
IKEA isn't going to sleep with you, Cory Doctorow.
 
2014-06-16 09:04:18 PM  

The My Little Pony Killer: IKEA isn't going to sleep with you, Cory Doctorow.


Imagine if they did, though. Their kid would be a shiatty bookshelf filled with shiatty books.
 
2014-06-16 10:04:58 PM  

PolyHatSnake: Hackea.com


Listen, I was disappointed by the Mass Effect 3 ending as much as anyone else, but let's not go overboard here.
 
2014-06-17 08:38:48 AM  
The problem with Ikea is that you have to actually shop at Ikea. And it has to be a two-person job, because they don't let you bring your cart to your car. You have to stand with it while your partner drives up for loading. For cheapie modern purchases, we switched to CB2.
 
2014-06-17 10:53:33 AM  

MintyBurns: The problem with Ikea is that you have to actually shop at Ikea. And it has to be a two-person job, because they don't let you bring your cart to your car. You have to stand with it while your partner drives up for loading. For cheapie modern purchases, we switched to CB2.


That might be unique to the Chicago location... I've taken carts to my vehicle almost every trip to the Twin Cities store.
 
2014-06-17 11:15:37 AM  

PolyHatSnake: clkeagle: Hebalo: Relaunch as FlatPackHacks , continue as usual.

Or as AllenWrenchHacks?

Hackea.com


That sounds more like Hack Electronic Arts, which... is actually, not a bad idea.
 
2014-06-18 01:45:28 AM  

clkeagle: MintyBurns: The problem with Ikea is that you have to actually shop at Ikea. And it has to be a two-person job, because they don't let you bring your cart to your car. You have to stand with it while your partner drives up for loading. For cheapie modern purchases, we switched to CB2.

That might be unique to the Chicago location... I've taken carts to my vehicle almost every trip to the Twin Cities store.


The Burbank, CA location does that too. I haven't seen it anywhere else.
 
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