Trademark Squatters have become a huge problem in the last couple of years. The value of a mark in commerce is immense, but often marks are not registered, with the owner depending upon common law recognition of rights.
Trademark Squatters take advantage of inability of government agencies to check the truthfulness of statements made when a mark is registered, and the lack of sanctions for lying under oath. Most especially the lack of sanctions means that there is no effective action taken against Trademark Squatters.
The Government Agency which supposedly exists to protect the Mark Owner instead protects the Mark Squatter against the Mark Owner. When ownership is finally settled at great cost to the Mark Owner, the Mark Squatter walks away unscathed, with the profits that he or she has accrued from his or her actions, ready to do it all again, against some other unsuspecting Mark Owner.
In all cases I will be working with published information. It is possible that this information may not be up to date, or may not accurately reflect the current status of the situation. If I am supplied documentary evidence which shows a different status, I will publish an update. In cases where a lawsuit ensued, and the settlement was sealed, I will not update the published information, unless I am provided with:
1) A copy of the settlement
2) Permission to publish the settlement
While I realize this may cause problems for one or more of the parties involved, I believe in only publishing things I can reference, so that those who read this have an evidence trail to follow.
Note that the above text will appear in every article, if you’ve read it once, feel free to skip down to the divider.
OutbackZack is a YouTube sensation. Let’s see:
#8 – Most Subscribed (All Time) – Australia
#3 – Most Subscribed (All Time) – Comedians – Australia
#7 – Most Subscribed (All Time) – Partners – Australia
#50 – Most Viewed (This Week) – Comedians
#5 – Most Viewed (This Week) – Australia
#2 – Most Viewed (This Week) – Comedians – Australia
#2 – Most Viewed (This Week) – Partners – Australia
#81 – Most Viewed (This Month) – Comedians
#11 – Most Viewed (This Month) – Australia
#1 – Most Viewed (This Month) – Comedians – Australia
#6 – Most Viewed (This Month) – Partners – Australia
#14 – Most Viewed (All Time) – Australia
#4 – Most Viewed (All Time) – Comedians – Australia
#10 – Most Viewed (All Time) – Partners – Australia
Impressive, isn’t it? When you look at his profile, you see someone who has done a lot of work.
Channel Views: 3,935,130Total Upload Views: 36,911,075Style: Stand-UpAge: 21Joined: Dec 29, 2007Last Visit Date: 5 days agoSubscribers: 141,860Website: http://twitter.com/outbackzackWhere insanity is reality! Get a taste of the cogs and gears turning inside my head!Country: AustraliaOccupation: YouTuber, artist, designerCompanies: YouTube, Machinima, LOLbands
Nearly Four Million Channel views? Wow.
Recently he got a nasty surprise. Someone stole his Twitter and Facebook accounts. Seriously. Some guy went and filed for a Trademark on Outback Zack, then went with it to Twitter and Facebook, and they coughed up the accounts without arguing. YouTube apparently was a bit smarter. YouTube looked at the dates, and said, hey, OutbackZack was using this name long before you filed for the Trademark, he has precedence.
Needless to say, OutbackZack was less than pleased. He talks about it here.
His problem is that even if he manages to get the money to hire lawyers, and can get the Trademark turned over to him, it’s costing him money. He’s almost certainly not going to get the money that this goofball made using his good name, and you have to consider the damage that is being done to his reputation.
And of course since there are no sanctions, the Trademark Squatter can move along and do this to someone else. Heck, they may be doing it to someone else right now. This may all be a game just to get OutbackZack to pay him to go away.
The only problem is, that once you start paying the Danegeld, you’ll never be rid of the Danes.
Saturday May 28, 2011