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Cake day: June 15th, 2023

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  • Depending on how that color palette is used, it could fall into part of Trademark law call Trade Dress. The “look and feel” of a product can be distinct to communicate to consumers what it is and what brand it is. The colors used are part of the Trade Dress. Think about iconic consumer products like iconic Red Bull energy drink can:

    Its a skinny 473ml can with the blue and silver colors with the red and yellow Red Bull company logo on it. If you see this even if the letters were in a different language than one you understand, you’d know immediately this is a can of Red Bull. This is Trade Dress.

    Does this mean that other companies…

    • … can’t use a skinny 473ml can? No.
    • … can’t sell energy drinks in cans? No.
    • … can’t sell foil covered chocolate bars with blue & silver packaging? No.
    • … can’t sell energy drinks, in blue & silver skinny cans? YES!

    So the color palette by itself isn’t trademarked under Trade Dress rules, but the color palette is part of a protected Trademark usage.



  • I don’t think things are getting worse. You do.

    So you refuse to defend your spoken position with anything concrete, even though I’ve asked you about multiple specific examples that contradict your position.

    And I don’t think any of this should add to the “hate” problem that some see on Lemmy. Which is the point of OP’s post.

    Well why would you? You seem to be just fine with the destruction of lives around you, even making supporting statements that you think its good these things are happening to these people. Why do you think that your positions don’t deserve hateful responses? Lemmy doesn’t have a “hate” problem. Today’s leadership in the USA, and as a consequence, our society now does.

    Hate isn’t the answer

    I agree with that statement. However, your chosen positions are steeped in hate yet you defer or ignore it. That wreaks of hypocrisy on your part, and points back to the intellectual dishonesty I accused you of earlier.


  • You’re being intellectually dishonest if you are claiming your statement is true.
    

    Just because I said something that you didn’t agree with doesn’t mean I was being “intellectually dishonest,” and it’s rude of you to imply that.

    You can keep your false righteous indignation. How can you claim to tell person in an El Salvador prison right now its “no worse off”? Please, explain that to me. How about a fired federal worker? Is it “no worse off” for them now they’re unemployed?

    I lived through the 80’s. Try living then and telling me that life is worse now. lol

    I already told you I’m an older, well off, white man. Yes, I lived through the 80s too. How is that relevant at all? You’re we should be happy now because we don’t have 12% interest rates yet and stagflation is how we should be okay with trump destroying the world economy for likely the better part of the upcoming decade? Why stop your measure over 40 years ago, long before most of the people here were even born?

    Why not tell interracial married couples “Try living in 1966 and not being able to get legally married to your spouse of a different race. lol”

    Why not tell women and “Try living in 1918 and not being able to vote. lol”



  • I don’t think the world is getting “worse,” it’s just the doomscrollers on Lemmy wanting it to be worse to fit their own twisted narratives.

    For many MANY groups it is getting objectively worse.

    For those in the USA:

    • if they are trans they are at risk for violence or legal consequences for simply going in a public bathroom.
    • if they work for the federal government they have lost or are at risk for losing their livelihood.
    • if the weren’t a natural born citizen of the USA they are at risk for deportation to a prison in El Salvador irrespective of their circumstances of student visa, asylum visa, green card holder, even naturalized citizens.
    • if they are a women, their lives are now at risk from preventable disorders if they get pregnant
    • if they are old or disabled they are now at risk of being declared dead and having their retirement Social Security income cut off
    • if they are a child they are at risk of dying from preventable diseases (like measles or whooping cough) even with decades old effective vaccines available, but not used.
    • if they are poor they are at risk for possible hunger and starvation as basic food assistance has been cut around the country deemed as “waste”
    • if they are a veteran needing medical care they are now at risk from cuts to staff that facilitate care for the people that stood in defense of our nation.

    For our great historical allies of Canada and Mexico:

    • they are getting their economies destroyed because they trusted the USA to honor its own written treaties.

    For the rest of the world:

    • they just today the world got an unjustified kick in the shins with nearly global trade tariffs from the USA.

    The only group that aren’t generally hurt yet are: well off older white men

    As a member of that group I find it fucking disgusting what is being done to everyone that isn’t in this group at the hands of this group.




  • Your thesis missed one important element right here:

    As if the ability to restrict the creativity of others is a natural right like the freedom of speech.

    Practically or legally speaking there isn’t a restriction of creativity. Its a restriction on the ability to profit from that creativity or negatively affect the profits of the rights holder with your work using their name.

    If you call yourself the Burger King in your kitchen, there’s no trademark infringement there. However, if you start selling you food and calling yourself the Burger King, then that is a trademark violation. If you want to write Twilight fan fiction using the characters and story lines from the books, you’re free to do so. There is no copyright violation. However, if you want to profit from your expansions to another author’s work, you have to rename the characters and setting and call it “Fifty shades of grey”.

    There is a reason respect for copyrights is at an all time low.

    I’ll agree with this though. Large rights holders have been able to get changes to law that exceed the original IP mandates. This means extensions wildly beyond what was reasonable before, or getting things protected by IP law that are questionable at best.



  • she thinks i’m disgusting or inferior because of my disabilities.

    If she said this to me, this bit right here is the “full stop” where I would have cut ties with her and she’d be gone from my life. At best she may be younger, and this may have been said as a tantrum of someone too young. She may grow out of it, but its not my job to “fix” her. There is much better use of my time, effort, and empathy with anyone else but this person. Its also possible this is who she is.

    The result is the same: I’d simply never interact or talk to her again, and move on with my life. There are literally billions of other people in the world that aren’t this person. I’d like to get to know those other people instead.