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Getting a Cease and Desist from Waffle House

jack.bio

101–110 of 218 posts

Re: Getting a Cease and Desist from Waffle House

#101

> React Server Components run on the server, and unlike client-side components, they don’t return raw HTML you can easily inspect in Dev Tools Isn't it the opposite? RSC returns raw HTML. Did you mean that it obscures the API fetches it makes?

No, the RSC wire format is a stream of text, where each line starts with an ID and contains a JSON object that specifies which nodes to update and how.

Re: Getting a Cease and Desist from Waffle House

#103
post #89

Earlier quoted context omitted.

I wonder if they have the bandwidth/expertise at the company to hire him, or at least ink a marketing contract w/ their PR department

They literally have a locations information site, which has a map, and shows if the locations are open or closed. So, they already have a web team capable of doing this because they already have it. https://locations.wafflehouse.com/ What this person did was summarize this to a single map with red dots and a "% closed" indicator at the top. And tying it to the connotation that it is due to storms/natural disasters wi…

.. maybe not need, but it could have been an easy win for for a viral marketing campaign, as well as feeding that "lore" of the Waffle House index.

Re: Getting a Cease and Desist from Waffle House

#104

I'm surprised at some of the comments here that don't see Waffle House's side of this. You're a company, and some third party makes a website that very much looks like it could be official, using your name and logo in part, and this website is purporting to know the open/close status of your stores. Literally an indicator if people should bother going out to spend money at your business or not. An actual signal to ec…

To add to that - if a company is not actively protecting the trademark, even in well intentioned cases, then someone can use the trademark and point to a precedent of the brand not defending its trademark, especially if it’s probable that the company was aware of the usage. Waffle House (or any other brand) must and 100% always will send out a C&D for trademark misusage, otherwise they lose legal protection for that…

> Waffle House (or any other brand) must and 100% always will send out a C&D for trademark misusage, otherwise they lose legal protection for that trademark.

Time to change that braindead law then. Copyright has a "fair use" provision, and trademark law could be adapted similarly.

Re: Getting a Cease and Desist from Waffle House

#105

Earlier quoted context omitted.

To add to that - if a company is not actively protecting the trademark, even in well intentioned cases, then someone can use the trademark and point to a precedent of the brand not defending its trademark, especially if it’s probable that the company was aware of the usage. Waffle House (or any other brand) must and 100% always will send out a C&D for trademark misusage, otherwise they lose legal protection for that…

> Waffle House (or any other brand) must and 100% always will send out a C&D for trademark misusage, otherwise they lose legal protection for that trademark. Time to change that braindead law then. Copyright has a "fair use" provision, and trademark law could be adapted similarly.

You can use a trademark any time you want. How would brand recognition work if people couldn't talk about Mustangs and Corvettes?

What you can't do is claim it's yours. Or let people think it's yours.

Re: Getting a Cease and Desist from Waffle House

#106

Earlier quoted context omitted.

To add to that - if a company is not actively protecting the trademark, even in well intentioned cases, then someone can use the trademark and point to a precedent of the brand not defending its trademark, especially if it’s probable that the company was aware of the usage. Waffle House (or any other brand) must and 100% always will send out a C&D for trademark misusage, otherwise they lose legal protection for that…

> Waffle House (or any other brand) must and 100% always will send out a C&D for trademark misusage, otherwise they lose legal protection for that trademark. Time to change that braindead law then. Copyright has a "fair use" provision, and trademark law could be adapted similarly.

[deleted]

Re: Getting a Cease and Desist from Waffle House

#107

I'm surprised at some of the comments here that don't see Waffle House's side of this. You're a company, and some third party makes a website that very much looks like it could be official, using your name and logo in part, and this website is purporting to know the open/close status of your stores. Literally an indicator if people should bother going out to spend money at your business or not. An actual signal to ec…

Websites have been creating, collating and displaying combinations of user generated data and business-provided data for a long time. For example, customer reviews on yelp or google places.

People make decisions on whether to try going to a place or not on this all the time. Sites use company logos in all kinds of ways, not the least of which is display in image SERPs, whether they fit brand guidelines or not.

The difference is this was a small site without the leverage to ignore WH.

The data should be accurate as possible, and if it isn't, the person should take the site down for that reason. But otherwise, they should have just changed the branding and kept it up.

Re: Getting a Cease and Desist from Waffle House

#108

I'm surprised at some of the comments here that don't see Waffle House's side of this. You're a company, and some third party makes a website that very much looks like it could be official, using your name and logo in part, and this website is purporting to know the open/close status of your stores. Literally an indicator if people should bother going out to spend money at your business or not. An actual signal to ec…

I think we all see Waffle House's side of this, but there is a best, better, and worst way to engage a customer. A cease and desist is the worst, it's taking something which could have been handled by PR, to a legal threat. Regardless of Waffle House's legal rights, which they do have, from a public perception and way to run a company it was not the right approach. They should have embraced this guy and his website,…

I think it's like 'needs work' in a pull request. What one person sees as just honest feedback another sees as starting a fight that didn't need to be one. And a lot of tech people have learned to hit back when they think they're being bullied. Because bullies don't stop until they're bleeding in front of witnesses. Let's get this over now instead of dragging it out.

You've escalated where threat of escalation should have sufficed. Hey we need you to change your site to make it obvious this is a fan site and not ours. Otherwise we'll have to send a properly lawyery letter in a few weeks if we don't hear back from you about a plan.

One of these throws a person's life into utter chaos. The other gives them time to be a grownup about it.

Re: Getting a Cease and Desist from Waffle House

#109

Earlier quoted context omitted.

To add to that - if a company is not actively protecting the trademark, even in well intentioned cases, then someone can use the trademark and point to a precedent of the brand not defending its trademark, especially if it’s probable that the company was aware of the usage. Waffle House (or any other brand) must and 100% always will send out a C&D for trademark misusage, otherwise they lose legal protection for that…

> Waffle House (or any other brand) must and 100% always will send out a C&D for trademark misusage, otherwise they lose legal protection for that trademark. Time to change that braindead law then. Copyright has a "fair use" provision, and trademark law could be adapted similarly.

https://en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)

https://en.wikipedia.org/wiki/Nominative_use

Re: Getting a Cease and Desist from Waffle House

#110
This must make those trips to WH all the more special. What a fantastic story to tell anytime you're in one. Good on you for full-sending it.

Cease and desist letters can be scary. In my opinion, (which is not a legal one) theirs was pretty chill and straightforward.

In case you're curious, hafflewouse.com is available ;)

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