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.
2 comments:
“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!
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.
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