Ghastly wrote:Except that Ghastly Graham Ingels is long dead and thus I am not competing against him.
The point is another artist is using the name Toonspace for her body of work.
This means she has artem priore and since she is currently using the name that means you will be unable to register toonspace as a trademark.
The best you can hope for is to dillute the trademark but that really does nobody any good because all that will mean is that anybody will be able to use the name Toonspace for their art trade the same way anyone can use asprin for their ASA medication.
But even if you could screw her out of the name why would you. Keen already has enough reputation problems to worry about, we don't need to add "assfucks artists out of their intellectual property rights".
Now if you had chose the name out of ignorance, well that's one thing. Everyone makes mistakes, you didn't know someone had prior art on the name. But if you're telling me you knew she was using the name for her art but thought "screw her, we're taking it anyways"... dude, that's just not cool. That's just not cool at all!
Chris Crosby wrote:If she was doing a webcomic, or a comic hosting site, or comics of any kind, or anything at all webcomic-related, it would've been a different story entirely. But her work is in an entirely different trademark category than ours is. It's a couple of POSER props.
AsterAzul wrote:I've done some research on these things and trademarks, unlike copyrights, are pretty safe to mess with as long as you don't imply a connection to the original idea.
Dutch! wrote:I'm with Thatguy earlier in agreeing that Toon implies car'toony' figures and slapstick and sort of cuts out a lot of the stories being told here. Not necessarily mine, but I don't consider my work a Toon...in fact, when the name Toonspace popped up I thought 'what's this got to do with music?'. I thought of teenage yobbos in hotted up FJ Holden's driving up and down Lygon Street in Carlton playing their doof doof music and saying to their buddies 'listen to my toons'.
Chris Crosby wrote:But you are right, we made a mistake by not contacting her to get her permission on use of the name before announcing it. That seems to be a moot point, however, as the poll points toward webcomicspace.com quite heavily.
Kirb wrote:
1. Having a fine, sharp cutting edge or point.
2. Having or marked by intellectual quickness and acuity. See Synonyms at sharp.
3. Acutely sensitive: a keen ear.
4. Sharp; vivid; strong.
5. Intense; piercing: a keen wind.
6. Pungent; acrid: A keen smell of skunk was left behind.
7.
a. Ardent; enthusiastic: a keen chess player.
b. Eagerly desirous: keen on going to Europe in the spring.
8. Slang. Great; splendid; fine: What a keen day!
9. A loud, wailing lament for the dead. o-o
Hmm...
yeahduff wrote:Dutch! wrote:I'm with Thatguy earlier in agreeing that Toon implies car'toony' figures and slapstick and sort of cuts out a lot of the stories being told here. Not necessarily mine, but I don't consider my work a Toon...in fact, when the name Toonspace popped up I thought 'what's this got to do with music?'. I thought of teenage yobbos in hotted up FJ Holden's driving up and down Lygon Street in Carlton playing their doof doof music and saying to their buddies 'listen to my toons'.
I think that would be "tunes."
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