Show Your Support for Gramps

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Show Your Support for Gramps

Brian Matherly
For Christmas this year, I decided to give Don a
present - a Gramps shirt. You can see it here:

http://don.allingham.org/?m=200712

If you would like to show your support for Gramps, you
can get your own shirt:

http://www.cafepress.com/gramps_project

Enjoy!

~Brian



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Re: [Gramps-users] Show Your Support for Gramps

Steve Hall-3
On Tue, 2007-12-25 at 21:34 -0800, Brian Matherly wrote:

> For Christmas this year, I decided to give Don a
> present - a Gramps shirt. You can see it here:
>
> http://don.allingham.org/?m=200712
>
> If you would like to show your support for Gramps, you
> can get your own shirt:
>
> http://www.cafepress.com/gramps_project
>
> Enjoy!

"Who's Your Daddy?" that's a good one!

Although selecting that one produces a 404. :(


--
Steve Hall  [ digitect dancingpaper com ]



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Re: [Gramps-users] Show Your Support for Gramps

Brian Matherly
> On Tue, 2007-12-25 at 21:34 -0800, Brian Matherly
> wrote:
> > For Christmas this year, I decided to give Don a
> > present - a Gramps shirt. You can see it here:
> >
> > http://don.allingham.org/?m=200712
> >
> > If you would like to show your support for Gramps,
> you
> > can get your own shirt:
> >
> > http://www.cafepress.com/gramps_project
> >
> > Enjoy!
>
> "Who's Your Daddy?" that's a good one!
>
> Although selecting that one produces a 404. :(

For some reason, CafePress flagged that image as being
a violation of their Content Policy. I'll have to try
to work it out with them.

~Brian

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Re: [Gramps-users] Show Your Support for Gramps

Alex Roitman
In reply to this post by Brian Matherly
Brian, this was a great idea! I am truly impressed!

Alex

P.S. Will there be the "I used to code for GRAMPS" kind?

On Tue, 2007-12-25 at 21:34 -0800, Brian Matherly wrote:
> For Christmas this year, I decided to give Don a
> present - a Gramps shirt. You can see it here:
>
> http://don.allingham.org/?m=200712
>
> If you would like to show your support for Gramps, you
> can get your own shirt:
>
> http://www.cafepress.com/gramps_project


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Re: [Gramps-users] Show Your Support for Gramps

Duncan Lithgow-2
In reply to this post by Steve Hall-3
Take another look, it looks like they are buy-able again.

Duncan

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Re: [Gramps-users] Show Your Support for Gramps

Brian Matherly
In reply to this post by Steve Hall-3
I've been dissatisfied with the response from
CafePress (they did not respond). So I've created a
new product. Feel free to try to purchase it again.

~Brian


--- Steve Hall <[hidden email]> wrote:

> On Tue, 2007-12-25 at 21:34 -0800, Brian Matherly
> wrote:
> > For Christmas this year, I decided to give Don a
> > present - a Gramps shirt. You can see it here:
> >
> > http://don.allingham.org/?m=200712
> >
> > If you would like to show your support for Gramps,
> you
> > can get your own shirt:
> >
> > http://www.cafepress.com/gramps_project
> >
> > Enjoy!
>
> "Who's Your Daddy?" that's a good one!
>
> Although selecting that one produces a 404. :(
>
>
> --
> Steve Hall  [ digitect dancingpaper com ]
>
>
>
>


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Re: [Gramps-users] Show Your Support for Gramps

Brian Matherly
In reply to this post by Brian Matherly
> > "Who's Your Daddy?" that's a good one!
> > Although selecting that one produces a 404. :(
>
> For some reason, CafePress flagged that image as
> being a violation of their Content Policy. I'll have
> to try to work it out with them.

I got a response back from CafePress. You can read it
below:

*******************************************************
Dear Brian Matherly,

Thank you for contacting CafePress.com!  

In accordance with our Intellectual Property Rights
Policy, Matthew A. Becker
 representing Who's Ya Daddy, Inc. provided us with a
notice stating that the use
 of "Who's Your Daddy?" potentially infringes upon
their intellectual property
 rights (copyright/trademark).
 
As you know CafePress.com is not in a position to
evaluate the merits of an
 infringement claim made against you by a third party.
 In order to best protect
 ourselves from risk, we must take all allegations of
infringement seriously and
 take action in removing the content from our site.
 
Penalties for copyright infringement can potentially
reach $150,000 per work
 infringed and penalties for trademark counterfeiting
can potentially reach
 $1,000,000 per trademark for each type of goods sold.
 An intellectual property
 rights owner may also have the right to recover the
attorneys’ fees that they incur
 in bringing an action against a person that infringes
upon their intellectual
 property rights.
 
Accordingly, we have set the content that is alleged
to infringe the rights of
 the third party to “pending status” which disables
said content from being
 displayed in your shop or purchased by the public.
You may review the content set
 to pending status by logging into your CafePress.com
account and clicking on
 the “Media Basket” link.  The content set to pending
status will be highlighted
 red.
 
If you believe that you hold the rights to the content
alleged to infringe the
 rights of the third party, we encourage you to
contact the alleged rights
 holder directly for a resolution to this matter.
Below please find the contact
 information for the party alleging infringement.
 
Matthew A. Becker
1003 Isabella Avenue
Coronado, CA 92118
Tel: 619.522.6760
Fax: 619.522.6763
Email: [hidden email]
 
For additional information and FAQ's on Intellectual
Property, please visit our
 Intellectual Property (Copyright/Trademark)
Guidelines (this includes
 information on the Right of Publicity), Intellectual
Property (Music & Electronic
 Media) Guidelines and Intellectual Property
(Publishing) Guidelines.  

Your ticket code is XXXXXXXXXXXXXX. Please use this
code in any further
 communication.

Best Regards,

Margene H.
Content Usage Associate
(650) 655-3104 (O)
(650) 240-0260 (F)
www.cafepress.com

*******************************************************

Can you believe there is a company called "Who's Ya
Daddy, Inc."?? I couldn't either, but here it is:
http://sec.edgar-online.com/2005/10/11/0001062993-05-002409/Section14.asp

Based on that report, I wonder if they might be a
trademark troll
(http://thettablog.blogspot.com/2006/01/ttablog-says-its-time-to-tackle.html).

Nonetheless, I'm not interested in a law suit. So I
have changed the shirt to say "Who's Your
Granddaddy?". I know, it loses the subtlety, but it
should keep me from litigation.

For those of you who have already ordered the shirt,
I'm not sure what will happen to your order. Sorry for
any inconvenience.

~Brian



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Re: [Gramps-users] Show Your Support for Gramps

babbs
In reply to this post by Brian Matherly
Brian,

I think its all a load of hog-wash, but I'm no lawyer...  I did a quick search on Google for "who's your daddy" and found over 778,000 hits...  Did a quick search on the same phrase at the US Copyright office and had 119 hits...  Did a longer search at the US PTO and found 23 hits on "who's your daddy?" and two hits on "who's ya daddy?"...

There are two companies claiming rights to the "who's your daddy?" phrase on shirts...  One is Who's Ya Daddy in Florida, and the other one is Who's Your Daddy in California...  The Who's Your Daddy company in California is in deep debt for the small company of no product and no revenue that they claim to be (over US$1.5M as of 2005?)...

I wonder if Toby Kieth (http://www.cowboylyrics.com/lyrics/keith-toby/whos-your-daddy-10126.html) got permission to use "Who's Your Daddy"...  Hmmm...  Did Lordi or Benny Benassi get permission to call their songs "Who's Your Daddy?"  Thinking about it, I wonder if the Zombies still have any claim to the phrase (year: 1969, song: Time of the Season)...

A search for "Who's Da Daddy?" had zero hits in the USPTO and US Copyright databases.
A search for "Who's The Daddy?" had zero hits in the USPTO database, and 5 hits in the US Copyright database (all were non-genealogy usages)...

You are right, going to "Who's Your Granddaddy" looses the subtlety, but it may be closer to the eternal genealogy question.  I'm not sure going to "Who's Da Daddy?" or "Who's The Daddy?" would be any better, but in my uneducated opinion, they appear to be available to use...

Matt

----- Original Message ----
From: Brian Matherly <[hidden email]>
To: [hidden email]; [hidden email]
Sent: Thursday, December 27, 2007 10:00:21 PM
Subject: Re: [Gramps-users] Show Your Support for Gramps

> > "Who's Your Daddy?" that's a good one!
> > Although selecting that one produces a 404. :(
>
> For some reason, CafePress flagged that image as
> being a violation of their Content Policy. I'll have
> to try to work it out with them.

I got a response back from CafePress. You can read it
below:

*******************************************************
Dear Brian Matherly,

Thank you for contacting CafePress.com

In accordance with our Intellectual Property Rights
Policy, Matthew A. Becker
representing Who's Ya Daddy, Inc. provided us with a
notice stating that the use
of "Who's Your Daddy?" potentially infringes upon
their intellectual property
rights (copyright/trademark).
 
As you know CafePress.com is not in a position to
evaluate the merits of an
infringement claim made against you by a third party.
In order to best protect
ourselves from risk, we must take all allegations of
infringement seriously and
take action in removing the content from our site.
 
Penalties for copyright infringement can potentially
reach $150,000 per work
infringed and penalties for trademark counterfeiting
can potentially reach
$1,000,000 per trademark for each type of goods sold.
An intellectual property
rights owner may also have the right to recover the
attorneys’ fees that they incur
in bringing an action against a person that infringes
upon their intellectual
property rights.
 
Accordingly, we have set the content that is alleged
to infringe the rights of
the third party to “pending status” which disables
said content from being
displayed in your shop or purchased by the public.
You may review the content set
to pending status by logging into your CafePress.com
account and clicking on
the “Media Basket” link.  The content set to pending
status will be highlighted
red.
 
If you believe that you hold the rights to the content
alleged to infringe the
rights of the third party, we encourage you to
contact the alleged rights
holder directly for a resolution to this matter.
Below please find the contact
information for the party alleging infringement.
 
Matthew A. Becker
1003 Isabella Avenue
Coronado, CA 92118
Tel: 619.522.6760
Fax: 619.522.6763
Email: [hidden email]
 
For additional information and FAQ's on Intellectual
Property, please visit our
Intellectual Property (Copyright/Trademark)
Guidelines (this includes
information on the Right of Publicity), Intellectual
Property (Music & Electronic
Media) Guidelines and Intellectual Property
(Publishing) Guidelines. 

Your ticket code is XXXXXXXXXXXXXX. Please use this
code in any further
communication.

Best Regards,

Margene H.
Content Usage Associate
(650) 655-3104 (O)
(650) 240-0260 (F)
www.cafepress.com

*******************************************************

Can you believe there is a company called "Who's Ya
Daddy, Inc."?? I couldn't either, but here it is:
http://sec.edgar-online.com/2005/10/11/0001062993-05-002409/Section14.asp

Based on that report, I wonder if they might be a
trademark troll
(http://thettablog.blogspot.com/2006/01/ttablog-says-its-time-to-tackle.html).

Nonetheless, I'm not interested in a law suit. So I
have changed the shirt to say "Who's Your
Granddaddy?". I know, it loses the subtlety, but it
should keep me from litigation.

For those of you who have already ordered the shirt,
I'm not sure what will happen to your order. Sorry for
any inconvenience.

~Brian



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Re: [Gramps-users] Show Your Support for Gramps

Brian Matherly
Matthew,

> I think its all a load of hog-wash, but I'm no
> lawyer...  I did a quick search on Google for "who's
> your daddy" and found over 778,000 hits...  Did a
> quick search on the same phrase at the US Copyright
> office and had 119 hits...  Did a longer search at
> the US PTO and found 23 hits on "who's your daddy?"
> and two hits on "who's ya daddy?"...
>
> There are two companies claiming rights to the
> "who's your daddy?" phrase on shirts...  One is
> Who's Ya Daddy in Florida, and the other one is
> Who's Your Daddy in California...  The Who's Your
> Daddy company in California is in deep debt for the
> small company of no product and no revenue that they
> claim to be (over US$1.5M as of 2005?)...
>
> I wonder if Toby Kieth
>
(http://www.cowboylyrics.com/lyrics/keith-toby/whos-your-daddy-10126.html)

> got permission to use "Who's Your Daddy"...  Hmmm...
>  Did Lordi or Benny Benassi get permission to call
> their songs "Who's Your Daddy?"  Thinking about it,
> I wonder if the Zombies still have any claim to the
> phrase (year: 1969, song: Time of the Season)...
>
> A search for "Who's Da Daddy?" had zero hits in the
> USPTO and US Copyright databases.
> A search for "Who's The Daddy?" had zero hits in the
> USPTO database, and 5 hits in the US Copyright
> database

I think that's where the difference between copyright
infringement and trademark infringement comes in. I
don't exactly know the difference, but I do know they
are different. I'm sure one applies differently to
songs than the other.

>(all were non-genealogy usages)...

At least one company uses a variation of it:
http://www.whosyadaddy.biz/

~Brian



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Re: [Gramps-users] Show Your Support for Gramps

babbs
In reply to this post by Brian Matherly
Brian,

I know there are differences between copyrights and trademarks, but for the purposes of our discussion here, I would submit that "Who's ya Daddy? Family Tree Research Services" (the company you pointed out) would have a more legitimate issue with your original design than the company that complained. Funny thing is that they claim neither Copyright nor Trademark on their website.

Reading some of the trademark claims by the Who's Your Daddy company in California, it would seem that they are trying to claim all uses of the phrase as their property (I included a list of the trademarks claimed below for your reading pleasure, if you so desire). I personally think that someone with a legitimate use to the phrase and deep legal expense pockets could squash that small company's claims as being over reaching and unable to conduct business in the specified market (which is what trademarks are intended to protect). This idea is proved by the trademark filed by Fox Television Studios (third to the last entry in the list below). The only trademarks that really count are the ones held by the Florida company, Who's Ya Daddy, which holds the trademark for t-shirts and other clothing (last two entries in the list below).

On a side note, I'd suspect that the California company has failed to have a positive cash-flow since their first claim to the phrase (1999). It is my understanding that the IRS has issues with small companies failing to have a positive income at least once during their first five years; they use this as a litmus test to determine the difference between viable business adventures and hobbies. Oh well, I digress...

All opinions expressed by me are my own and are not intended to constitute legal advice...

Cheers :)
Matt

Who's Your Daddy Trademarks:

"WHO'S YOUR DADDY"
(REGISTRANT) WHO'S YOUR DADDY, INC. CORPORATION CALIFORNIA 5840 El Camino Real Suite 108 Carlsbad CALIFORNIA 92008

  • IC 003. US 001 004 006 050 051 052. G & S: Cosmetics, namely, skin cleansers, skin moisturizers, face tonics, face masks, face powder, foundation, blushers, mascara, eyeshadow, eyeliner, eye makeup remover, lipstick, lip pencil, nail enamel, nail care preparations, sun block, after sun balm, hair shampoo, hair cream rinse, hair spray, deodorant and anti-perspirant, perfume and cologne. FIRST USE: 19990915. FIRST USE IN COMMERCE: 19990915
  • IC 005. US 006 018 044 046 051 052. G & S: Vitamins and nutritional supplements. FIRST USE: 20040421. FIRST USE IN COMMERCE: 20040421
  • IC 006. US 002 012 013 014 023 025 050. G & S: Metal key chains; metal key rings; metal money clips. FIRST USE: 20050500. FIRST USE IN COMMERCE: 20050600
  • IC 009. US 021 023 026 036 038. G & S: Glasses, sunglasses, music compact discs, music playing devices, videos, and video games. FIRST USE: 19990915. FIRST USE IN COMMERCE: 19990915
  • IC 010. US 026 039 044. G & S: Adult sexual aids, namely, artificial penises, penis enlargers, vibrators, benwa balls, and artificial vaginas. FIRST USE: 19990915. FIRST USE IN COMMERCE: 19990915
  • IC 014. US 002 027 028 050. G & S: Jewelry and watches. FIRST USE: 19990915. FIRST USE IN COMMERCE: 19990915
  • IC 016. US 002 005 022 023 029 037 038 050. G & S: Address books, autograph books, book marks, decals, stickers, sticker albums, posters, stationery, calendars, trading cards, trading card albums, photo albums, scrapbook albums, greeting cards, pencils, pens, pen and pencil holders, pen and pencil boxes. FIRST USE: 19990915. FIRST USE IN COMMERCE: 19990915
  • IC 018. US 001 002 003 022 041. G & S: Luggage, and backpacks. FIRST USE: 19990915. FIRST USE IN COMMERCE: 19990915
  • IC 018. US 001 002 003 022 041. G & S: Leather key chains
  • IC 020. US 002 013 022 025 032 050. G & S: Non-metal non-leather key chains; foot lockers, pillows and seat cushions; stadium seats; nonmetal money clips, non-metal key rings, non-metal key chains; picture frames; hand-held mirrors; roller shades for windows with suction cups; magazine caddies; plaques; soft sculpture wall decorations; non-metal reusable bottle caps; non-metal clips for tablecloths; hard plastic bobble-head figurines and plastic bobble-cap statues; decorative mobiles; decorative miniature stadium reproductions, namely, small plastic models of a stadium used for an international athletic event; steel furniture; chairs and stools; tables, folding sports seats and stools; footstools; clothes hangers and coat hangers; non-metal trophy cups; bean bag chairs; non-metal stands for holding and displaying various types of balls; plastic figurines; and wooden letter boxes
  • IC 021. US 002 013 023 029 030 033 040 050. G & S: Bottles sold empty made of plastic and glass; paper and plastic drinking cups and glasses; jugs; decorative and commemorative plates; dinnerware; figurines made of china, crystal, earthenware, glass, porcelain and terra cotta; mugs made of earthenware, glass and porcelain; lunch boxes and pails; paper plates; tankards not of precious metal; meal trays, wastepaper baskets
  • IC 028. US 022 023 038 050. G & S: TOYS, NAMELY, ACTION TOYS, ACTION FIGURES, BATHTUB TOYS,CONSTRUCTION TOYS, PET TOYS, PLUSH TOYS, RIDE-ON TOYS, SANDBOX TOYS, SQUEEZE TOYS, WIND-UP TOYS, MUSICAL TOYS, CRIB TOYS, CRIB MOBILES, STUFFED TOY ANIMALS, CHILDREN'S MULTIPLE ACTIVITY TOYS,ADULTS' AND CHILDREN'S PARTY GAMES, BOARD GAMES, ALL TYPES OF DOLLS, DOLL ACCESSORIES, CLIMBING UNITS, CHILDREN'S PLAY COSMETICS, CARD GAMES, ROLE PLAYING GAMES, BOARD GAMES AND CARD GAMES FOR TEACHING OF ALPHABET, MATH, MUSIC, AND LANGUAGE, AND,ADULT AND CHILDREN'S SPORTING GOODS, NAMELY, PLAYGROUND BALLS,BEACH BALLS, BASKETBALLS, BASEBALLS, BASEBALL BATS, BASEBALL MITTS, BALL HOOPS, AND FOOTBALLS. FIRST USE: 19990915. FIRST USE IN COMMERCE: 19990915
  • IC 032. US 045 046 048. G & S: Beverages, namely drinking waters, bottled waters, flavored waters, mineral and aerated waters; and other non-alcoholic beverages, namely, soft drinks, energy drinks and sports drinks; fruit drinks and fruit juices; syrups, concentrates and powders for making beverages, namely mineral and aerated waters, soft drinks, energy drinks, sports drinks, fruit drinks and fruit juices. FIRST USE: 20050615. FIRST USE IN COMMERCE: 20050615
  • IC 041. US 100 101 107. G & S: Entertainment in the nature of fashion shows; entertainment, namely, live performances by a musical band; entertainment services, namely, personal appearances by musical performers, movie stars, television stars, radio stars, models, sports celebrities; entertainment services, namely, conducting parties. FIRST USE: 20021100. FIRST USE IN COMMERCE: 20021100
  • IC 042. US 100 101. G & S: Trademark licensing. FIRST USE: 19990915. FIRST USE IN COMMERCE: 19990915

"WHO'S YOUR DADDY STYLE WITH AUTHORITY"
(REGISTRANT) WHO'S YOUR DADDY, INC. CORPORATION CALIFORNIA 5840 El Camino Real Suite 108 Carlsbad CALIFORNIA 92008

  • IC 028. US 022 023 038 050. G & S: Toy performance puppets; jigsaw puzzles; card games; felt or plastic interchangeable design stickers; bath toys; toy figures; squeeze toys; board games; hand held unit for playing electronic games; felt boards; felt play pieces; felt-based activity sets consisting of precut figures cut out and pasted materials, accessory fabric, fabric paints and non-fabric decorative items; felt travel sets consisting of portable or felt-like boards with moveable felt or felt-like play pieces and carry cases; wooden jigsaw puzzles; wooden board games consisting of a wooden play board and wooden game pieces; wooden preschool toys; wooden toy building blocks; shape sorters; foam puzzle blocks; foam bath tub play sets; Christmas and holiday tree ornaments; plastic snow domes; plush toys; toy action figures; dolls; doll clothing; doll houses; doll accessories; children's play cosmetics, role playing games, board games and card games for teaching of alphabet, math, music, and language, and, adult and children's sporting goods, namely, playground balls, sports balls, baseball bats, baseball mitts, and ball hoops; skateboards; body boards; knee boards; surf boards; roller skates, in line skates; water skis; snow skis
  • IC 032. US 045 046 048. G & S: Non-alcoholic beverages, namely, energy drinks; non-alcoholic cocktail mixes; malt liquor; beer,
  • IC 033. US 047 049. G & S: Alcoholic beverages, namely, vodka, rum, and tequila; prepared alcoholic cocktails

"WHO'S YOUR DADDY"
(REGISTRANT) Fox Television Studios, Inc. CORPORATION DELAWARE 10201 West Pico Boulevard Los Angeles CALIFORNIA 90035

  • IC 041. US 100 101 107. G & S: Entertainment services in the nature of a television series in the reality genre. FIRST USE: 20050103. FIRST USE IN COMMERCE: 20050103

"WHO'S YOUR DADDY"
(REGISTRANT) Who's Ya Daddy! Inc. CORPORATION FLORIDA 712 U.S. Highway One, Ste 400 North Palm Beach FLORIDA 33408

  • IC 025. US 022 039. G & S: wearing apparel, namely, shirts, t-shirts, hats, sweatshirts, jeans, pants, shorts and boxer shorts. FIRST USE: 19990216. FIRST USE IN COMMERCE: 19990216

"WHO'S YA DADDY!"
(REGISTRANT) Who's Ya Daddy! Inc. CORPORATION FLORIDA 712 U.S. Highway One, Ste 400 North Palm Beach FLORIDA 33408

  • IC 025. US 022 039. G & S: clothing, namely, shirts and hats. FIRST USE: 19960927. FIRST USE IN COMMERCE: 19960927



----- Original Message ----
From: Brian Matherly <[hidden email]>
To: Matthew Babcock <[hidden email]>; [hidden email]; [hidden email]
Sent: Friday, December 28, 2007 1:33:14 PM
Subject: Re: [Gramps-users] Show Your Support for Gramps

Matthew,

> I think its all a load of hog-wash, but I'm no lawyer... 

I think that's where the difference between copyright
infringement and trademark infringement comes in. I
don't exactly know the difference, but I do know they
are different. I'm sure one applies differently to
songs than the other.

>(all were non-genealogy usages)...

At least one company uses a variation of it:
http://www.whosyadaddy.biz/

~Brian



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