Diseased #Comicsgate - The Culture Wars Hit The Funny Books!

huckbeine said:
to put it in layman terms. This lawsuit is akin to Toei animation is suing Walmart for infringing their One Piece trademark because Walmart sells one piece bikinis (we encounter that a lot every fucking day and we have to tell Toei to stop being retarded).
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You work at Wal-Mart?

huckbeine said:
trademarks are very very very very very very specific things, if it is not filed under that goods and services it is moot.
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But they both print material as publishers under goods and services, yes?

huckbeine said:
the ISOM (school of ministry) thinks they own
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They have a trademark that predates July's.

huckbeine said:
the word ISOM in terms of comic books, but under their filing, they have no goods and services related to it which the Rippaverse's trademark goods and services which are comic books (as specified by the trademark filing).
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I honestly don't know. But one thing is for sure, Dax didn't create this thing. They've been around for awhile and according to their statements they've been contacted by people. Could they be trying to shake down black rapper man? maybe, but I'd have to see something more.

huckbeine said:
it reminds of me of the case of Mad Dog. they own the word spin/spinning, in the realm of sports/sports equipment and accessories/sports attire and stuff, but not outside of it. but they still sued a dress maker who used the word spin on a tuxedo. they lost because the spin word Mad Dog owns only affects sports things.
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And that's something to clarify. Which they are in the process of doing.
 
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jspit2.0 said:
But they both print material as publishers under goods and services, yes?

They have a trademark that predates July's.

I honestly don't know. But one thing is for sure, Dax didn't create this thing. They've been around for awhile and according to their statements they've been contacted by people. Could they be trying to shake down black rapper man? maybe, but I'd have to see something more.

And that's something to clarify. Which they are in the process of doing.
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If you look at the trademark filing ISOM (school of ministry)good and services are all printed material in related in religion, while July's trademark is specified in the field of comic books and artwork. SUPER FUCKING HUGE DIFFERENCE. Laws are very anal about this stuff. Laws are "eh, close enough", they have to be specific. they have to be directly related to each other.

that is why the ISOM(school of ministry) is arguing about the cross in ISOM (comic book character) and stuff to make it seem that July's comic is religion related. the ISOM(school of ministry) is trying to establish the case that July's comic is religious (specially considering the cross design on his belt) and therefore infringing on their trademark. but yeah, no one owns the trade dress design of the cross.

as of the ISOM(school of ministry) trademark predating July, it doesn't even fucking matter. if it did, the National Bar Association, National Braille Association, National Book Award will be going after the National Basketball Association.
 
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Mister Dongs said:
I'm confused, is ISOM suing for ownership of the term 'Rippaverse'? I thought they were suing over use of the term "Isom". Where is Rippa's copyright or trademark or whatever for the character 'Isom'?" Did you forget to post it?
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in terms of July's ISOM comic book. you usually don't file a trademark for a comic book character name until it becomes a brand as they are usually protected under copyright. ie. Spider-man is created in the 60s but only been trademarked in around late 70s.

So I think July filed ISOM comic book under copyright as usually literary and artistic works are filed under copyright and not under trademarks

edit: here's July's Copyright for the ISOM comic book
isomcopyright.png

now this will be interesting since they are arguing trademark vs copyright. it will be a fun battle
 
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jspit2.0 said:
Dax didn't create this thing. They've been around for awhile and according to their statements they've been contacted by people
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That's not true though. The examples they provide are fans of Dax and Vito (or Dax and Vito themselves) very obviously trolling them.

Not a lawfag, but something that has been pointed out is that the confusion aspect in trademark cases isn't a blanket statement. It's confusion of reasonably prudent consumers.

Now, the judge will determine whether there can be confusion between televangelist products and a superhero with a cross on his crotch, but there's no need to intellectualize so much as to why they're going after the ISOM that's making millions of dollars and not the other ISOMs, seeking payments ad infinitum.
 
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while I know that this lawsuit has no merit, I would love for it to go to court and would love it to be televised for comedy. imagine the cringe and laughs we will have. it will be a fucking good harvest.

ISOM's pleading in this case is that the ISOM(school of ministry) is being confused by some individuals to July's comic. They would have to bring them as witnesses. heck since Rekieta is even mentioned, they have to bring him too. I love to see who this obtusegnome and that journalist really are. and love to see drunk Rekieta . imagine their dispositions.

so, who ever that "journalist" that sent that email to the ministry, I hope you are ready, you are going to get dragged to court, whether you like it or not.
 
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huckbeine said:
Jesus FUCKING Christ, I leave the thread alone for a few years and I come back, it has become a fucking disease. Anyway, of all the fucking people, you believe the opinions of a fucking non-practicing criminal lawyer? this fucking shit is hilarious. he has shit opinions regarding trademark.

anyone with half a brain would easily see that the ISOM trademark lawsuit is frivolous, but still it will depend on the lawyers pleading to win/lose the case. but for retards that can't put 2 and 2 together, here's why.
View attachment 5411030
here's ISOM (the school of ministry) trademark. looks good, still valid and renewed.
if we check the goods and services the trademark applies, ISOM only has 2, and it is under these sections
View attachment 5411032
I don't see any field that covers comic books. here's a sample of a goods and services of comic books under a trademark.
View attachment 5411036
So there you have it, unless July's lawyers fell asleep on the wheel, or badly plead the case, the ISOM trademark lawsuit has no merit. Also, a quick search of ISOM trademark shows these results.
View attachment 5411044
that doesn't include trade dress and other stuff.

So, yeah. July is ultimately correct in all facts of these case. but remember, facts can only get you so far. 90% of the cases that goes to court are won/lost by how good the pleading is.

Also, LOL!! LISTENING TO DRUNK NON-PRACTICING CRIMINAL LAWYER'S EXPERT OPINION IN TRADEMARKS!! Imagine being that stupid to listen and believe in any word that comes from that mouth
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Wow! I haven’t seen you in years! The last time we spoke you gave me art advice in the CG Hangers on thread and you said that you couldn’t draw because your hand had the shakes. I still think about that post from time to time. That advice really stuck with me. I’m glad to see that you are still around bro.
 
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huckbeine said:
to put it in layman terms. This lawsuit is akin to Toei animation is suing Walmart for infringing their One Piece trademark because Walmart sells one piece bikinis (we encounter that a lot every fucking day and we have to tell Toei to stop being retarded). trademarks are very very very very very very specific things, if it is not filed under that goods and services it is moot.
the ISOM (school of ministry) thinks they own the word ISOM in terms of comic books, but under their filing, they have no goods and services related to it which the Rippaverse's trademark goods and services which are comic books (as specified by the trademark filing).

it reminds of me of the case of Mad Dog. they own the word spin/spinning, in the realm of sports/sports equipment and accessories/sports attire and stuff, but not outside of it. but they still sued a dress maker who used the word spin on a tuxedo. they lost because the spin word Mad Dog owns only affects sports things.
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It reminds me of the ongoing 2 year lawsuit over the Comicsgate trademark. Since you weren't around for that lil' homie, lemme bring you up to speed. One day a few years back, a guy that made cuckold and pegging videos starring himself decided to copyright the trademark "Comicsgate". He was mad about the videos being leaked out you see. There were a few videos of him licking shit off of a dildo that was shoved up his ass too, but I digress. The point is, Preston Poulter felt it was time to claim ownership over Comicsgate™. To further own the gaters he would lend the CG trademark to various things like simulated child erotica, and Jon Del Arroz comics, cementing its use in commerce, and intended on DMCA striking and litigating anyone who used the term'"Comicsgate' without his permission. During the years leading up to this, @FROG just coasted through the years assuming his "Comicsgate Live" livestreams constituted common law ownership of the Comicsgate trademark. It wasn't.

I'll spare you the whole convoluted story, but it was established that a pothead named "Dark Gift" put out something from his musty dog-smelling basement using a Comicsgate™ lent to him by a mexican thief named Cridious, who never made anything himself with the trademark but instead used the money to pay bills and back other books for clout on the internet. Cridious, out of loyalty to the movement he defrauded, turned over the CG™ to Frog, thus establishing prior use before Preston's Robotoad: Rekt Manlet.

So where does that leave the CG trademark now that use of Comicsgate has been firmly established in the CG camp once and for all?
The USPTO has ordered another 2 years of court proceedings so that ownership between @FROG and the cuckold porn actor. The trial for the trademark may drag on long past the end of Comicsgate itself as an existing thing.

It's one thing to argue Eric July is in the moral and legal right in this case. It is beyond naivete however to think that the case of ISOM vs July is going to dissolve into the ether just because a google search reveals other companies have copyrighted and trademarked the term ISOM for their respective uses. As if no party involved in this has thought of doing that or considered that before deciding to go forward with the lawsuit. Rippa successfully winning requires him filing claims establishing the unique and distinctive nature of his 'Isom' product vs the ISOM school, then filing counterarguments to their arguments against the claims, counterarguments against their counterclaims, counterarguments against their claims to ownership, so on, and then there's the appeal process which is more of the same thing. All of this is very expensive, completely subject to the opaque and arbitary whim of the USPTO and, as you say, there's no guarantee about any of this going his way. If Rippa's 'rockstar lawyers' are like Rippa's 'rockstar art team' on Isom, I'd be concerned. Even if he wins, this shit has kind of fucked him over. And if he doesn't win, then there's the issue of damages ISOM is entitled to on account of the brand confusion, which brings up the matter of his current youtube videos impugning their Christianity and the Rippa fans review bombing every mention of ISOM (the school) they can find.
 
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checking ethan vs the gay guy who shoves dildos up his ass
here's the gay guy's trademark
commonsense.png
checking, it is filed in 2020, with goods and services of comicbooks. checking ethan's trademark, it was filed in 2021, like his comics, late and gay. though they submitted evidence of they have used the trademark Comicsgate in 2018.
ethan.png
while a cursory glance, they seem different, since one is comic books, one is a podcast/streaming, the 2 has a overlap due to the mention of comic books. and that's why the trademark dispute is dragging along for 2 years.

In terms of July and ISOM. ISOM even knows they have no case. their goods and services is stated publications related in religion while July's trademark goods and services is stated printed comic books. their mode of attack solely relies that the "journalist" mistaking the ISOM with the comics, their lame attempts to connect the comics as religious because of the cross design. also expert opinion of Rekieta.

All July has to do to dismantle all 3 arguments is point to the Dick Show and say, the "journalist" that is confused in question is connected to a comedy show that does trolling, which is my comics is subjected to, to destroy my business, may even have to subpoena Diddler Dax along with it. show the judge the comic books, and show him it isnt religious at all, and point at Rekieta and say >opinions of non-practicing criminal lawyer

it is nothing more than a classic shakedown by the ministry to attempt getting some sweet money for no effort at all. July making that video basically sent a message to the ministry that he knows to handle the lawsuit and he wont be shakedown for money.

the only reason the case can drag for a long time is 1.) July has incompetent lawyers 2.) Judge is an old boomer
 
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huckbeine said:
1.) July has incompetent lawyers
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This one is probably true, but much like the terrible art direction on ISOM (the comic) Eric has to tell them what to do ultimately. His inability to negotiate is probably equally due to legal incompetence and Eric's stubbornness and lack of creativity. Observable in his debates/arguments on youtube he will try and push thru his point by blunt force, then by insults. He won't concede a point, like with Rekieta he'll say that's cool then go make a video about how he was ackshually right. It is a pretty simple solution to get out of the lawsuit. He has to acknowledge that International School of Ministry has the trademark as they filed it years ago. Then he has to agree to liquidate, destroy, or alter all ISOM branded merch and change the name of the comic. It could be something like Avery Sillman, Codename ISOM, but hey Eric is Eric and we are going to get a lawsuit and see people call a humble Ministry School crackheads for as long as Rippaverse is a thing.
 
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huckbeine said:
checking ethan vs the gay guy who shoves dildos up his ass
here's the gay guy's trademark

checking, it is filed in 2020, with goods and services of comicbooks. checking ethan's trademark, it was filed in 2021, like his comics, late and gay. though they submitted evidence of they have used the trademark Comicsgate in 2018.

while a cursory glance, they seem different, since one is comic books, one is a podcast/streaming, the 2 has a overlap due to the mention of comic books. and that's why the trademark dispute is dragging along for 2 years.
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Yes, that is what I said.
That is not why the trademark dispute has been dragging along for two years though.
The dispute over Frog's trademark claim was ended years ago, in Preston's favor. Which according to you, should have been the end of it. To prevent the end of said dispute, Malpica, aka Cridious, turned over his pre-existing claim to the Comicsgate trademark "Comics Gate Comics" over to Frog, who went on to defend that claim, which you can read here. Preston believed the tm claim had been abandoned, when it turned out it wasn't (because of Dark Gift).

1697345599011.png


huckbeine said:
All July has to do to dismantle all 3 arguments is point to the Dick Show and say, the "journalist" that is confused in question is connected to a comedy show that does trolling, which is my comics is subjected to, to destroy my business, may even have to subpoena Diddler Dax along with it. show the judge the comic books, and show him it isnt religious at all, and point at Rekieta and say >opinions of non-practicing criminal lawyer
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:optimistic:
So all he has to do is say that all the brand confusion that anonymous people are sending the ISOM CEO is in reality part of a big conspiracy on behalf of an internet podcast to destroy his bidness and he's in the clear? I thought law was about having to prove claims and not merely say them. So now we're talking about Eric July having to deposition e-mail providers, ISPs, so on like so much Patrick Tomlinson so he can subpoena the anons as well? This all sounds very time consuming and again, no guarantee of success. Suppose they get a boomer judge who's old brain can't wrap itself around this internet retardation, or Eric July calls the prosecuting attorney a whitebread ass nigga? What then?

Trademark law seems very arbitrary, arcane and prone to reversal at any given time depending on the quality of judge and lawyers involved, and empowered to deal out severe consequences for the defendant should they lose. Rippa would be best advised to get out of it by any means necessary. On the plus side, this is a case where Eric's crappy storytelling skills start to pay off; over the course of 200 pages the word "Isom" isn't even used once. Even in the worst case scenario in that he loses completely, he could theoretically just change the logo on the front cover and not have to alter anything else.
 
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Mister Dongs said:
, he could theoretically just change the logo on the front cover
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If I were him I would pick a new title and slap a sticker over the logo of remaining stock. Then give the ISOM hats and hoodies and crap to dying children or whoever for another write off. But I'm not Eric. He would never admit he did something wrong, so he can't admit that I.S.O.M. has a trademark on ISOM. So lawsuit it will be #WEWILLWIN them hoe ass whitebread crack smokin niggas at I.S.O.M. are racist because they want to mess with a successful black comic book man.
 
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I only looked at the filings of the frog and the gay cuck, so i didnt know the more autistic happening on the case. but if we go by the first to file rule, Antonio Malpica owns the trademark (i dont know if it was live by the time the dispute happened, but currently in my view it is currently in the process of pending cancelation).

if the ISOM shit gets to trial, that it can drag for long because of the factors of lawyers and judges. I think the case can be thrown out just in the filings.

trademark infringement mostly refers using the trademarked name in order to promote another similar product. However, these also have very much specific limitations, and usually refers to the brand confusion on similar products. so yes, you can make a company that sells eyeglasses called Samsung Optical, even though Samsung sells Samsung Optical Cables for tv

ie. for example, Toei cannot sue walmart for Walmart for selling one piece bikinis because it infringes the One Piece trademark. Sony cannot sue 8-bitdo for controllers that says "works as good as Dualshock controllers" even if Sony owns the Dualshock trademark. they can sue mad catz if they says "this controllers have Dualshock motors" Skullcandy can sue Target if they sell earphones with skullcandy logo but is branded Great Value. But they can't sue if they sell earphone sponges that says "compatible with all skullcandy headphones" hope that how trademark works is more clearer with these examples. i would like to tell more, specially with the trade dress, but that is more autistic than what is the focus of the complaint, which is the trademark.

Now, what does it do with the comic book? the ministry has to try to establish that the comic is branded as ISOM. however it is false, as the title of the comic book is ISOM, which is a literary work, not a brand, which is a copyrighted work so its not infringing the trademark. therefore the ministry is trying to say that they are planning soon to release comic books, so they can say that July's comic will be infringing on their trademark.

if it gets to trial, I think it would be more expensive for the ministry compared to July's defense. after all, their argument of brand confusion of the ISOM ministry and the comic book comes from the "journalist" and Rekieta's "expert" legal opinion. the ministry has to get these witnesses to testify. it would be easy to cross-examine these witnesses.

TL;DR: here's a handy little guide to trademark and why the ministry is full of shit
trademarkpatentcopyright.png
 
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FedPostalService said:
Has the interest in Comicsgate died? This thread used to go at a mile a minute but seems to only get a few posts a day now.

All the chatter is about lolsuits too and there seems to be nothing else going on.
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It's been dying off for a while. @FROG quit posting here. The one guy doing the most comic business is Eric July and now that discussion is terminally pozzed by Dick Masterson & Vito and their haters who already decided Eric July won his lolsuit. Besides that there is only action with things like Patrick Thomas Parnell getting the boot from CG or finding Mandy Summers porno. Plus lawsuits like the Jon Del Arroz divorce (update attached)

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