Wednesday, April 1, 2009

News from my ass

I'm sure most of you have seen this story. I immediately set up a google alert for any new developments when I heard that the makers of the Pull-My-Finger iPhone app were suing the makers of iFart for trademark infringement. Didn't you? In case you've been in a coma, or out filling sandbags for your end of the world compound in the hills without a web-connected computer nearby or something, They're claiming that iFart's use of the phrase "Pull my finger" in promotional materials violates their trademark.

This story, which I'm linking again gives a pretty good re-cap of the case so far. It includes this under-fucking-statement of the fucking century: "Denver-based trademark attorney John Posthumus of Greenberg Traurig said the case has interesting facets that could make for lively arguments if the issue went to trial. "

The thought of that case going to trial had me feeling like I hadn't felt since I was 5 years old and in the 2 week home stretch before Christmas. I knew it probably wasn't going to trial, because that would be too good and a Lawyer friend confirmed that for me so I could start getting over it.

The bullet points are these:
  • Yes, "Pull My Finger" is a federally registered trademark

  • Being the top selling fart application in the iPhone app store is worth like $50,000 a week

  • Sadly, no, this isn't going to trial.

It would be unfair not to link to the iFart and Pull my finger sites. I wouldn't want to deny them the great big wave of web traffic they'll surely get from my link.

Also, check out Kathy Lee investigating another iFart related story.


Ron said...

“The phrase ‘pull my finger’ is understood to be a description of the act of passing gas,” not a trademark violation,” InfoMedia said in the filing.
The first flaw in their case as everyone knows, even those dumb enough to pay for a sound that they themselves can emit, that the phrase 'pull my finger' is a precursor to the act of passing gas. Not the actual act of passing gas itself as indicated above.
John 'Posthumus'?. Holy crap! Seriously? If this did go to trial, I wonder what evidentiary exhibits would consist of? Oh, the imagination runs wild. I must say, this is one of the harder hitting stories I have seen Katie Couric do. Thanks, now I am going to go hang myself as I think of a guy making over a quarter mil. selling fart sounds....Oy Vey!

Luke Baggins said...

As you test the roof beams for sturdiness and pick out a good thick rope, try to imagine yourself having spent a shitload of time energy and money learning about computer programming, and then reading about somebody making a quarter fucking million writing a fart-noise program, that a 2nd grader could be shown how to make.

And the fact that there's a legal battle between competing fart applications. That just makes this the greatest story ever.

I've been assured this won't make it to trial, but a man must dream. Just imagining what it would be like in court. Imagine being on that jury. Fuck!! Imagine the jury selection process! Everything about this story is perfect.