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Comedian changes name to Hugo Boss to challenge trademark law

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Re: Comedian changes name to Hugo Boss to challenge trademark law

#21
post #12

Earlier quoted context omitted.

I thought I read somewhere that they were suing charities (?), which if true leaves me feeling it’s not so much of a bad thing that he’s doing.

It's a brand that built its success on nazi collaborationism, its extremely hard to feel sorry about any struggle it might have.

and Apple is using slave labor TODAY https://news.ycombinator.com/item?id=22457389

Re: Comedian changes name to Hugo Boss to challenge trademark law

#22
post #7

1. It's a trademark issue, not copyright. 2. Don't companies have an obligation to defend their trademark or risk not being able to defend them in the future?

wrt #2, you are right.

but i have read and learned crazy things like you can't have part of their name in your own products or company names. or again, you can't use their main colors for branding.

ridiculous!

Re: Comedian changes name to Hugo Boss to challenge trademark law

#23
post #7

1. It's a trademark issue, not copyright. 2. Don't companies have an obligation to defend their trademark or risk not being able to defend them in the future?

His accusation is that Hugo Boss are going well beyond reasonable defense of their trademark, by suing businesses in entirely unrelated industries that use either 'Hugo' or 'Boss' in their names or their product names. One example he cited was Boss Brewing, a Welsh brewery who said they spent about £30,000 / 38,200 USD on legal costs and rebranding after being targeted by Hugo Boss. They're also alleged to have sent cease and desists about surfboards, speakers, knives, and treadmills for having 'boss' in the name. It's hard to argue that those weaken the Hugo Boss trademark.

He has a show about consumer rights ("Joe Lycett's Got Your Back", which I suppose will be "Hugo Boss's Got Your Back" next season) so it's in his wheelhouse.

Re: Comedian changes name to Hugo Boss to challenge trademark law

#24

On a tangent here, a bit over 20 years ago I used to work for a guy who registered "boss.com.xx" (where xx is a country TLD I won't detail) because that was the name of his publishing company here. This was still dialup/ISDN days for most small companies over here. He held on to it for a long time, but I noticed in the last couple of years that it now redirects to www.hugoboss.com. Knowing this particular person I am…

I'm not sure the list of countries that use com.xx is particularly long. And the the list of those with that redirect is even shorter (one?!)

Perhaps there's opportunity to bag the few others and drop them an offer. =)

Re: Comedian changes name to Hugo Boss to challenge trademark law

#25
post #19

Earlier quoted context omitted.

It's a brand that built its success on nazi collaborationism, its extremely hard to feel sorry about any struggle it might have.

This is quite a gross generalization. Do you often get judged for the sins of your predecessors? And if you buy anything from Ford, Mercedes, Porsche, Siemens, IBM, Kodak, Volkswagen, Bayer, Allianz, Coca Cola (yes, that Coca Cola), Chase, Standard Oil (Exxon, BP, Chevron) and many, many others what does that say about your principles?

One isn’t allowed to criticise one wrongdoing without also making sure to expressively criticise every other similar wrongdoing? Is that what we have come to?

Re: Comedian changes name to Hugo Boss to challenge trademark law

#26

On a tangent here, a bit over 20 years ago I used to work for a guy who registered "boss.com.xx" (where xx is a country TLD I won't detail) because that was the name of his publishing company here. This was still dialup/ISDN days for most small companies over here. He held on to it for a long time, but I noticed in the last couple of years that it now redirects to www.hugoboss.com. Knowing this particular person I am…

[deleted]

Re: Comedian changes name to Hugo Boss to challenge trademark law

#28
There have been some insanely aggressive trademark cases in the US too. The University of Kentucky sued a small moonshine distiller for selling t-shirts that had the word ‘Kentucky’ printed on them.[0] That’s it, having the name of the state they resided in was enough to trigger Kentucky athletics.

The shirts weren’t trying to knock off or reference Kentucky Athletics in any way, but that didn’t stop UK from putting legal resources behind their effort. Yet another example of how the legal system is built for the rich.

0: https://www.nytimes.com/2016/04/10/us/-legal-moonshiner-and-...

Re: Comedian changes name to Hugo Boss to challenge trademark law

#29
post #7

1. It's a trademark issue, not copyright. 2. Don't companies have an obligation to defend their trademark or risk not being able to defend them in the future?

His accusation is that Hugo Boss are going well beyond reasonable defense of their trademark, by suing businesses in entirely unrelated industries that use either 'Hugo' or 'Boss' in their names or their product names. One example he cited was Boss Brewing, a Welsh brewery who said they spent about £30,000 / 38,200 USD on legal costs and rebranding after being targeted by Hugo Boss. They're also alleged to have sent…

> His accusation is that Hugo Boss are going well beyond reasonable defense of their trademark

The problem is that this question ultimately hinges on a court's judgment, and they can't know in advance what evidence of "reasonable defense of their trademark" will satisfy all the judges in all the cases where this issue is examined.

So from the trademark-holder's point of view, the approach has to be to do everything they can to be seen by the courts to be doing anything necessary to defend their brand; particularly for such a big/valuable brand like Hugo Boss, it's too risky to do anything less.

When you talk to people in these kinds of companies privately, they don't personally care at all if some largely-unrelated small business somewhere has a name that is vaguely reminiscent of theirs, and they'd rather not have to waste time and money taking action against them.

These indignant reactions always happen when a big corporate is seen to be bullying small, defenceless companies over trademarks, but on this topic it's a case of "don't hate the player, hate the game".

Re: Comedian changes name to Hugo Boss to challenge trademark law

#30
post #24

On a tangent here, a bit over 20 years ago I used to work for a guy who registered "boss.com.xx" (where xx is a country TLD I won't detail) because that was the name of his publishing company here. This was still dialup/ISDN days for most small companies over here. He held on to it for a long time, but I noticed in the last couple of years that it now redirects to www.hugoboss.com. Knowing this particular person I am…

I'm not sure the list of countries that use com.xx is particularly long. And the the list of those with that redirect is even shorter (one?!) Perhaps there's opportunity to bag the few others and drop them an offer. =)

If you do that, you’ll be facing a UDRP. You’ll be out a domain plus legal fees.
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