Dept. of Homeland Security Enforces Expired Patent 1006
Fouquet writes "Apparently the Department of Homeland Security does not have enough to do in keeping the US safe, and now is enforcing copyright law as well. The AP reports that a toy store owner in Oregon was requested by Homeland Security officials to remove a potentially copyright-infringing Rubik's cube-like toy from her shelves. The patent for Rubik's cube was issued in 1980, and so it is expired."
Um... (Score:1, Informative)
Confusion (Score:3, Informative)
Customs is part of Homeland Security and customs has been enforcing these laws for as long as I can remember. These are imported goods.
Re:waste of resources (Score:5, Informative)
What makes this so sad is that slowly the terrorists are winning. I don't mean that as a joke. Their goal seems to have been to make our lives as shitty as theirs and they're are making progress.
And no, John Kerry in office isn't going to change anything because you still have Republicans in the house and senate. And yes, I am a Republican and no I don't agree with everything that they do.
Useless summary. (Score:5, Informative)
The article states that the action was taken on the basis of a trademark. With a name like "Magic Cube" if the toy is anything at all like a Rubic's Cube then it almost certainly does infringe on the Rubic's Cube trademark.
And why all the fake wonderment about the department of Homeland Security handling the case? In case anyone missed the press release the department is not some niche organisation that deals specifically with terrorism. It's a big tarball of a whole bunch of departments and old law enforcement angencies that used to deal with all manner of federal law enforcement issues. They do lots of things besides deal with terrorism.
Re:So which is it? (Score:5, Informative)
Re:Fear of powers (Score:5, Informative)
The Customs Service is now part of Homeland Security. Ergo, DHS agents were the ones who investigated this incident.
(This is cut and pasted from below. It should be near the top... or in the summary)
Re:DHS seems to have morphed (Score:3, Informative)
The DHS was never intended to be just an anti-terrorist agency and it never had a narrow charter. The whole idea was to put everything relating to domestic security under one roof. Among the many [dhs.gov] former departments and agencies that it includes are Customs, Immigration, the Coast Guard, and the Secret Service.
Re:rUSsiA (Score:3, Informative)
From the post:
Please kill George Bush. I hate him so much. I think he is a giant dick and I want terrible things to happen to him. I'm not really big on the specifics of how he dies, but if you could at least arrange it so that the authorities find his dead body on top of an underage black male prostitute surrounded by a mountain of cocaine and child pornography, that would really be super-awesome. And maybe you could have some media people there when the police find the body, so they can take pictures and stuff. That'd be fucking GREAT.
I can see why the Secret Service would want to visit someone after they say something like that.. (sure, context weakens it a bit, but it is borderline nutty and definitely can be construed as a threat against the president.)
Re:Huh? (Score:3, Informative)
Re:I think I say it for everybody (Score:2, Informative)
Firstly, because you can't manage to spell "retarded" correctly, but mostly because you demonstrate a gross failure to understand the issue. For one thing, many federal agencies have been subsumed into the Department of Homeland Security, including the Customs Service (which as sulli pointed out is the agency that actually investigated this incident). For another thing, either Fouquet doesn't understand that there are very important differences between patent, copyright and trademark law, or he wants you to overlook that fact. Furthermore, you failed to recognize that fact and have perpetuated the myth that there's some vast conspiracy apparently with the purpose of keeping toys out of the hands of children which means either the entire post is stupid, or you are or both.
What's most probably really going on here, is that the Customs Service is following up on a complaint that Pufferbelly Toys is selling toys that are infringing on the *trademark* rights (which loyal fans know *must* be defended zealously or lost) of Seven Towns Limited and will hopefully eventually follow up to the manufacturer. I believe the very cube itself is covered by the trademark. This is just basic police work folks, not some conspiracy to revoke your rights to waste time playing with your Rubik's Cube.
But thanks for wasting my time anyway.
But it wasn't imported. (Score:3, Informative)
Re:Nothing to see here (Score:3, Informative)
Yes it probably is, and it took me a whopping 45 seconds on Google to figure that out - "Founded in 1981, Toysmith is an importer/distributor of toys, gifts and novelties from all over the world."
source [toysmith.com].
Re:So which is it? (Score:4, Informative)
Re:POE (Score:3, Informative)
http://www.eslarp.uiuc.edu/ibex/archive/dickens
Re:But it wasn't imported. (Score:3, Informative)
Of course it was. They don't make stuff like that in America - spelled with a "c", by the way, for the benefit of illiterates who fancy themselves clever - any more, because it's the sort of thing you can get in China for a fraction of the price that a domestic manufacturer would charge you. But don't take my word for it - "Founded in 1981, Toysmith [toysmith.com] is an importer/distributor of toys, gifts and novelties from all over the world."
Re:rUSsiA (Score:5, Informative)
a prayer for dubya
Dear God:
Wassup? How's it hanging? Yeah, I know it's been a long time since we talked. This probably stems from my belief that you do not exist. Anyway, the reason why I'm calling you is because last night, President Bush said that he could feel it every time we prayed for him, and since he apparently doesn't listen to anyone but you, Lord, I thought you might pass this along to him.
Magic Cube is a trademark (Score:3, Informative)
A rubik's cube like toy is fine to import into the US, just don't call it Magic Cube(TM), GameCube(TM), or XBox(TM).
Probably not what it's hyped up to be... (Score:3, Informative)
Re:Fear of powers (Score:4, Informative)
responsibility of the U.S. Customs and Border Protection, a part of the Department of Homeland Security. They received a trademark infringement complaint, and they followed up on the complaint. That's their job. Why are you getting your knickers in a bunch because some federal agents are doing their job? Nowhere does the inflammatory and poorly written article suggest that they accused the store owner of being a terrorist. Get a grip.
Right agents to enforce TM, but didn't do homework (Score:3, Informative)
The problem here is the agents didn't do their homework. They MERELY ACCEPTED THE COMPLAINT ON FACE VALUE. This makes the agents look stupid.
If they'd done their homework, they'd know that the only potentially valid claim is a trademark claim, and in order to be clear-cut, they'd have to be something so close to "Rubik's Cube" as to cause confusion. If they'd been misspelled as "Rubick's Cubes" or even "Rubick's Boxes" I could see the feds having a case, but "Magic Cube" has no confusion. The "Cube" part is "merely descriptive" and not worthy of protection.
Re:OK, so, (Score:3, Informative)
This. [ustreas.gov]
Re:Fear of powers (Score:5, Informative)
Which article did you read?
The article said, "...Agents went to Pufferbelly based on a trademark infringement complaint...." So, this is a trademark issue -- the patent expiration is irrelevant. It also said, "A representative [of Magic Cube's manufacturer] told her that
Please U[understand]TFA before you tell me to RTFA.
Re:Fear of powers (Score:5, Informative)
The only evidence the article presents that no trademark was infringed is "a representative" of the manufacturer, via hearsay testimony from the owner of the store, both of whom presumably have some interest in claiming not to be breaking the trademark.
Unfortunately, the only evidence the article presents that a trademark was infringed was a spokesperson for DHS stating there was a complaint. There is a lot we don't know - it's quite possible the Magic Cube does infringe on Rubik's trademark. Contrary to the title of the
But, beyond that, nowhere in the article does it say Rubik was the one complaining. People just jumped to that conclusion. There is a live trademark on "Magic Cube" [uspto.gov] for a "manipulative puzzle" filed in December, 2001 by Atico, International. It would seem reasonable to me that Toysmith's product violates this trademark. There is no information in the AP article to conclude "no trademark was infringed," in fact the reporter seems to have done no research at all but calling DHS and the toy store operator. It's a terribly done article that is mostly about how weird it is that the people who enforce trademarks now work for DHS. But that's hardly new or news.
Re:rUSsiA (Score:5, Informative)
Can I point out two things?
Here's a clue boy: go get yourself an education, you seem to need it.
MartComment removed (Score:5, Informative)
Re:It's a case of priorities (Score:3, Informative)
Re:Fear of powers (Score:1, Informative)
National Intellectual Property Rights Center (Score:5, Informative)
This is part of the Cornerstone Initiative [ice.gov], "Protecting the Homeland through Economic Security". Their site is "being revised", but their newsletter [ice.gov] lists what they're up to.
Re:It's a case of priorities (Score:5, Informative)
2/25/03 - Venezuela - 2 bombs explode simultaneously at spanish and columbian embassies. 1 Columbian and 3 Venezualans killed.
3/4/03 - Philippines - bomb explodes at airport. 21 killed, 149 injured.
3/20/03 - Lebanon - bomb explodes in apartment building. 2 killed, 9 wounded.
3/22/03 - Greece - bomb explodes at ATM.
3/24/03 - India - 11 men, 11 women, and 2 boys shot execution style by armed militants
3/25/03 - Serbia - 4 bomb attacks on UN interim administration
3/26/03 - Chile - bomb explodes at bank
3/29/03 - Greece - hand grenade tossed into a McDonalds
3/31/03 - Cuba - plane carrying 46 passengers hijacked
4/2/03 - Philippines - bomb explodes on passanger warf. 16 killed, 55 wounded.
4/5/03 - Lebanon - two bombs explode at restaurant. 10 wounded. undetonated C-4, TNT, and gas containers found.
4/8/03 - Algeria - 1 Swede and Dutch citizen kidnapped
4/11/03 - Algeria - 2 Austrians kidnapped
4/12/03 - India - multiple grenade attacks kill 1, wound 43.
4/12/03 - Venezuala - C-4 bomb explodes at OAS office
4/14/03 - France - militants set fire to car and destroy restaurant
4/15/03 - Turkey - bombs explode at 2 different McDonalds. 1 injured.
4/22/03 - India - bomb explodes at dairy. 6 killed, 12 wounded.
4/25/03 - India - bomb explodes at courthouse. 3 killed, 34 wounded.
5/5/03 - India - bomb and grenade attacks kill 1, injure 26.
5/16/03 - Morocco - 5 bombs explode simultaneously damaging Belgian consulate. 33 killed, 101 wounded.
6/4/03 - Belgium - Letters found containing the nerve agent adamsite. 10 hospitalized.
6/9/03 - Peru - 71 workers of an Argentine company kidnapped
6/17/03 - Italy - bomb explodes in front of spanish school
6/18/03 - France - militants destroy 2 villas with bomb blasts
6/26/03 - Kenya - aid workers attacked with hand grenades
7/3/03 - Columbia - 5 swiss citizens kidnapped
8/5/03 - Indonesia - bomb explodes in front of hotel 12 killed 149 wounded. Al-Qaida claims responsibility.
8/8/03 - Spain - mail bomb sent to Greek consulate
10/5/03 - Malaysia - 3 Indonesians and 2 Filipinos kidnapped. 1 escaped, 4 found executed.
11/11/03 - Greece - bomb found outside bank
Turn in your neighbor. Snitch on a friend. (Score:1, Informative)
(end of humor, start of straight up reality)
A quote from the site: At http://www.ice.gov/graphics/cornerstone/ipr/IPRFo
"
National IPR Coordination Center Complaint Referral Form
The National Intellectual Property Rights Coordination Center (IPR Center) works to protect the United States and its people by deterring, interdicting, and investigating threats arising from the movement of illegal goods into and out of the United States. The IPR Center serves as the focal point for the collections, analysis, and dissemination of intelligence involving copyright and trademark infringement, signal theft and theft of trade secrets. When reporting a suspected violation to the IPR Center provide as much detailed information as possible. The information received and analyzed by the IPR Center will be disseminated for appropriate investigative and tactical use.
NOTE: Please fill out the form as completely as possible. Although all fields are optional, completing the fields marked with an "*" will greatly enhance our ability to effectively process your complaint. This form can be used by the general public, industry, trade associations, law enforcement, and Government agencies to report IPR violations.
If you encounter any problems while trying to submit this form please contact the IPR Center Hotline at (202) 344-2410."
Re:Fear of powers (Score:4, Informative)
I don't know about US law, but in the UK, trespass goes from being a simple civil offence to a full-blown criminal offence once you start disrupting a lawful activity {Criminal Justice and Public Order Act 1994 s.61, from memory}.
Looks Like Pufferbelly Toys (Score:1, Informative)
patent? copyright? trademark? (Score:4, Informative)
Please try to keep the three concepts apart. One thing is clear: the DHS should have no business enforcing any of them.
Re:Fear of powers (Score:3, Informative)
Perhaps you'd like to look one post down [slashdot.org].
Re:Fear of powers (Score:5, Informative)
Of course, what else would you expect from the likes of an Associated Press reporter?
A little research turns up the fact that not only has Seven Towns Limited trademarked Rubik and Rubik's Cube, they have trademarked its appearance. You might want to check out this [rubiks.com], this [rubiks.com], and this [brinkshofer.com] before continuing your sophistry. Realizing that one might actually have to search a bit on the last referenced page to find the relevant commentary, I'll post it here:
So it turns out that the Customs agents knew their job and were doing their job, just as I stated. I'm sorry if you don't like the facts.Re:Fear of powers (Score:5, Informative)
I think you are the one who needs to do some cursory research before jumping to inaccurate conclusions and flaming professionals who are competently performing their jobs.
Re:It's a case of priorities (Score:5, Informative)
Huh? Someone sets fire to a car in a "difficult suburb" (read ghetto) and all of a sudden it's "militants"?
From the Reuters report:
Re:Fear of powers (Score:3, Informative)
Re:Fear of powers (Score:2, Informative)
Jaysyn
Re:Fear of powers (Score:3, Informative)
You can tell a customer to get out because you feel like it. You can tell a customer to leave because they're causing a disturbance. But you can't throw a customer out because you dislike their wheelchair.
Re:Fear of powers (Score:3, Informative)
Although the yellow overlaps with that in the Rubik's Cube (even if a few shades darker) the other colors are definitely different. Although the Magic Cube resembles the Rubik's Cube, they are clearly different in appearance. Seeing as having differently-colored sides is required for the Rubik's Cube to be functional, there is no way I can see that this trademark is reasonable.
Re:Civil vs Criminal (Score:2, Informative)
Absolutely the worst writeup I've seen too (Score:5, Informative)
A Rubik's cube can't be copyrighted - there's no text. The INSTRUCTIONS could be...
A trademark on it could be valid - but only if it was confusingly similar - ie, if a reasonable person buying it might THINK they were buying a Rubik's cube, or something from the same company.
The patent is apparently expired, at least if can trust the article. Which we can't.
Patent law != copyright law != trademark law != trade secret law. THEY ARE ALL TOTALLY SEPERATE.
*sigh*
Fact Check (Score:2, Informative)
Or were you talking about a
Original Oregonian story (Score:2, Informative)
Here is the original story before AP edited / rewrote it:
http://www.oregonlive.com/news/oregonian/index.
It contains significant details that the AP decided not to include:
[The call came in late July or early August. A man identifying himself as a federal Homeland Security agent said he needed to talk to Cox at her store.
Cox asked what it was all about.
"He said he was not at liberty to discuss that," she said.
They agreed to meet in early August, but the agent later canceled. Cox thought the matter had blown over when the agent called back Sept. 9 to say he was coming out there. ]
Keeping in mind that this is *her* opinion of the events... So this didn't just come out of the blue... This story is 7 weeks old... it didn't just happen yesterday...
[Kice also said Homeland Security officials routinely investigate such complaints and follow up if they determine they are valid. ]
Paragraph dropped. The clear message of that paragraph is that they did make a determination that the TRADEMARK infringement was valid prior to visiting the store.
[After gaining assurances from Toysmith officials, Cox put the Magic Cube back on the shelf soon after the agents left. ]
Hmmm...
The author of the original story [printed at the bottom of the above linked page] is:
Ashbel "Tony" Green: 503-221-8202; tonygreen@news.oregonian.com if you have any questions...