Comments on: Doo-Wop Fraud http://madisonian.net/2006/01/11/doo-wop-fraud/ a blog about law, tech, culture, and related things Sat, 11 Feb 2012 02:59:42 -0600 http://wordpress.org/?v=2.8.4 hourly 1 By: Dept of Things Going From Bad to Worse at madisonian.net: a weblog about law, technology, and society http://madisonian.net/2006/01/11/doo-wop-fraud/comment-page-1/#comment-207851 Dept of Things Going From Bad to Worse at madisonian.net: a weblog about law, technology, and society Tue, 08 May 2007 02:55:50 +0000 http://madisonian.net/?p=497#comment-207851 [...] Let us assume, for a moment, that doo-wop rip-offs are a problem of pressing public importance.  Let us also assume that the accused performers in question own the right to perform under the trademark (or service mark) in question, that is, the name of the group, as a matter of federal law, and that by virtue of compliance with federal trademark law, there is no actionable likelihood of confusion.  (If there were, of course, trademark suits would have proliferated like hotcakes by now, judging from the howls of protest emanating from “authentic” doo-woppers.) [...] [...] Let us assume, for a moment, that doo-wop rip-offs are a problem of pressing public importance.  Let us also assume that the accused performers in question own the right to perform under the trademark (or service mark) in question, that is, the name of the group, as a matter of federal law, and that by virtue of compliance with federal trademark law, there is no actionable likelihood of confusion.  (If there were, of course, trademark suits would have proliferated like hotcakes by now, judging from the howls of protest emanating from “authentic” doo-woppers.) [...]

]]> By: valiant http://madisonian.net/2006/01/11/doo-wop-fraud/comment-page-1/#comment-20883 valiant Sat, 14 Jan 2006 04:23:19 +0000 http://madisonian.net/?p=497#comment-20883 There was a similar problem, detailed in SPIN magazine a few years ago. There was a faux version of Frankie Goes To Hollywood touring the county fair circuit in states like Alabama, Louisiana, and Mississippi for a year or two before any of the original members could file a cease and desist order from the UK. It was complicated, since one of the original members of FG2H had died or was near death. Fat guys with beards and mullets were illegally standing in for wispy-thin guys with slicked back 80s hair, and they got away with it! There was a similar problem, detailed in SPIN magazine a few years ago. There was a faux version of Frankie Goes To Hollywood touring the county fair circuit in states like Alabama, Louisiana, and Mississippi for a year or two before any of the original members could file a cease and desist order from the UK. It was complicated, since one of the original members of FG2H had died or was near death.

Fat guys with beards and mullets were illegally standing in for wispy-thin guys with slicked back 80s hair, and they got away with it!

]]> By: Eric Goldman http://madisonian.net/2006/01/11/doo-wop-fraud/comment-page-1/#comment-20872 Eric Goldman Thu, 12 Jan 2006 13:37:53 +0000 http://madisonian.net/?p=497#comment-20872 It reminds me of my visit last year to Scotty's Castle in Death Valley. Scotty's Castle is a multi-million dollar mansion built starting in the 1920s in the middle of nowhere. NPS wants to faithfully recreate a historical version of the castle...but what is the appropriate period to target? The castle was under construction for over a decade and was constantly reconfigured, so there's not a single historical version of Scotty's Castle to recreate. Eric. It reminds me of my visit last year to Scotty’s Castle in Death Valley. Scotty’s Castle is a multi-million dollar mansion built starting in the 1920s in the middle of nowhere. NPS wants to faithfully recreate a historical version of the castle…but what is the appropriate period to target? The castle was under construction for over a decade and was constantly reconfigured, so there’s not a single historical version of Scotty’s Castle to recreate. Eric.

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