Forums: Forum Home > Watercooler > Duncan Trademarks

  • I don't know if you guys saw this, but it's pretty important. [1] It's a letter from Duncan asking us to take down references to the word "Imperial" as a shape. Duncan holds a trademark on the name and therefore it should not be used to describe shape. The letter also requests that we takedown the word "Freehand" in reference to shape, I think they also meant to say style of play, but the lawyer was confused. Here was the letter that I sent back to them in response. [2] --Josh Parker 21:01, 31 March 2007 (CDT)
    • The reason I haven't started editing anything is that I think we need to decide what term we should use in place of "Imperial". The letter that I got suggested "Straight Edge", but I don't think that does the trick. It has been suggested that "Standard" shape should be the term. I kinda like it, but I wanted to know what you guys thought first. --Josh Parker 13:37, 1 April 2007 (CDT)
      • I need some input on this. I'm waiting to hear what you guys think before we start moving stuff around.--Josh Parker 20:47, 9 April 2007 (CDT)
        • Arrggh they were waiting for me to go on holiday. Well spotted with freehand not being a trademark. I'd suggest Imperial-style shape? Would that pass the lawyer test? Anyway, this is clearly a sign of how popular YYW is getting. I'll poke around the issue a bit more and to see where we stand legally (IANAL, but I'd like to think I can make sense of this). --Wilfred (talk|contribs) 11:19, 11 April 2007 (CDT)
      • I say "Classic" shape instead of imperial, or maybe "Traditional", but I can't come with any good names instead of butterfly... Wing? Widebody? --Colin 12:03, 11 April 2007 (CDT)
        • They didn't mention butterfly in the letter to us, so I'm not worried about that. I like the use of 'classic' though, it's the best of our options I think. --Wilfred (talk|contribs) 04:08, 13 April 2007 (CDT)
          • Alright then, YuncanDodo suggested Classic shape for Imperial and Wilfred and I concure. I'll start making the adjustments, but you can help too, it's pretty easy, just seach the word imperial and change all references to it as a shape. The letter to Yo-Yo Wiki did not mention the word Butterfly and we are ignoring the reference to Freehand so we are only going to worry about the word Imperial. --Josh Parker 11:50, 27 April 2007 (CDT)
    • The cardboard insert in a Duncan Speed Beetle package has printed on the back "Modified Imperial(R) Shape" The letter you received said "the mark should not be used in a descriptive manner" but that is exactly what they are doing. I realize this is their mark but wouldn't they have to use it in the correct manner too? JScruffy 13:33, 11 April 2007 (CDT)
  • Surely this should be fair use. "a person may use the trademark of another as a reference to describe the other product, or to compare it to their own." [3] --Wilfred (talk|contribs) 14:14, 11 April 2007 (CDT)
  • Yeah. It's true, what Wilfred said. But I thought we cleared this up over the ExtremeSpin forum? Anyway, here's a few suggestions:
Imperial- traditional / straight gap
Butterfly- flaired gap
Freehand- Counterweight

Anyway, all this law stuff is pretty confusing, but I think that if we do things carefully we may be able to work it out in the least amount of time possible. --gregleo 13:42, 14 April 2007 (CDT)

    • Gregleo, can you provide a link? I don't hang out at the ES forum particularly and can't find the topic you're referring to. --Wilfred (talk|contribs) 09:25, 15 April 2007 (CDT)