Fark Attempts to Trademark NSFW, Gizmodo is Like 'WTF? TFSU!'

Illustration for article titled Fark Attempts to Trademark NSFW, Gizmodo is Like WTF? TFSU!

Drew Curtis and his company Fark, in their quest to rulzor teh internetz, filed an application with the U.S. Patent and Trademark office to lay claim to the acronym NSFW. Seeing as we like to use the acronym to prevent employed and/or righteous gadget freaks from becoming enraged, we take an interest in the all-encompassing control they want over the term.

According to the app, the trademark rights would cover all of the following:

Entertainment Services namely providing a web site featuring photographic, audio, video and prose presentations featuring comedic captions regarding current events and online discussions and/or reviews of web materials of an adult nature; Entertainment services, namely, providing a web site featuring musical performances, musical videos, related film clips, photographs, and other multimedia materials; Entertainment services, namely, providing on-line reviews of photographs and /or web postings of an adult nature.

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So let me get this straight – Fark wants to take a vague, general acronym they didn't create and receive the online rights to it? Hmmmm...good luck with that. I think I'll go and trademark LOL and BRB now. [Fark Trademark Application via Valleywag]

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DISCUSSION

trademark != patents != copyright. Without going into a long and overblown rant, they'd need to demonstrate a use in interstate commerce to even be able to file the application (or at least an intent to use in interstate commerce).

No, prior art does not apply in the TM case, but a prior use in commerce will prevent them from asserting that you infringe their mark for the territory you used it in.

That's all for now. There's way too many ways this is dumb and lame and just.... well, dumb again.

-p-