Russian Hopes To Cash In On Emoticons

drewmoney writes "According to a BBC article, Entrepreneur Oleg Teterin said the trademark for the ';-)' emoticon was granted to him by Russia's federal patent agency. 'Legal use will be possible after buying an annual licence from us,' he was quoted by the newspaper Kommersant as saying. 'It won't cost that much — tens of thousands of dollars,' added the businessman, who is president of Superfone, a company that sells advertising on mobile phones. The president of Russian social networking site odnoklassniki.ru, Nikita Sherman said: 'You're not likely to find any retards in Russia who'll pay Superfone for the use of emoticons.'" Teterin may have gotten the idea by catching up on some old news about Despair, Inc., which in May 2000 was awarded a US trademark on the "frowny" emoticon (Slashdot story).

Provocation

[MadDogX]

:-) ... Am I doin it rite?

Re:

[sadgoblin]

KGB is watching you.

There's No Such Agency...

[MRe_nl]

Anymore anyway.
The name of the largest of the Russian successors to the KGB is the FSB, est. 1991.
AKA the Federal Smiley Bureau ; ).

Re:

[Chrisq]

Anymore anyway. The name of the largest of the Russian successors to the KGB is the FSB, est. 1991. AKA the Federal Smiley Bureau ; ).

I always knew they were Fu***ng Stupid B***ards.

Re:

[I cant believe its n]

As a humorus (and what I believe to be a true) sidenote, a swedish bank was very upset when the KGB did change it's name...

Förenings Spar Banken lost so much business in Russia that they had to change their name to SwedBank. Apparently people did not trust the old KGB with their savings :-)

In soviet russia C-: own you

[Tei]

Two counterfeigted version:
C-:
(-:

Re:

[PinkyDead]

I think you'll find that they are already defined as "User is cat in the dark with Mushroom on Head" and "User is ninja cat in the dark about to perform Sumarai attack", respectively.

Re:

[Haley's Comet]

Hey Oleg Teterin, "Happy birthday to you, happy birthday to you..." ;-)


The IP patent race is the new 'Special Olypics'...

Re:

[spazdor]

Even if you win, you're still a troll?

Re:

[theaveng]

No. It's a winking smiley. Yours is not winking.

Re:

[iammani]

Redundant? Its strange that some mods think :-) = ;-)

Patent Office == Zoo filled with Idiots?

[theaveng]

What lame-brain dummy would think that either :-( or ;-) are trademarkable symbols??? They both originated circa 1980 and therefore are public domain.

Re:Patent Office == Zoo filled with Idiots?

[Sebilrazen]

There's a popular meme around here that applies, I just can't figure out which one:

• Does it run linux?
• I, for one, welcome our new ? overlords.
• In Soviet Russia, ? you!
• ?????
• Profit.

Re:Patent Office == Zoo filled with Idiots?

[JJJK]

you forgot "you insensitive clod", you insensitive clod!

Re:Patent Office == Zoo filled with Idiots?

[Grimbleton]

You must be new here.

Re:

[imboboage0]

In Soviet Russia, memes use you.

I, for one, welcome our new meme overlords.

Re:

[shutdown -p now]

On Slashdot, only old people use the "insensitive clod" meme.

Re:

[garett_spencley]

Imagine a Beowulf cluster of ;-) ... now available in limited quantities from a Russian start-up I hear.

Re:Patent Office == Zoo filled with Idiots?

[Catiline]

In Soviet Russia, new smiley overlords profit??? from YOU! Oh, wait....

Its a PR Stunt, not about trademark

[MindKata]

"What lame-brain dummy would think that either :-( or ;-) are trademarkable symbols"

The kind of person who would think of trademarking these symbols, would be a businessman who wanted to use this cheap stunt, to get a lot of publicity for his business. Its not about the trademark. Its a stunt, to generate free publicity for his business.

Re:Its a PR Stunt, not about trademark

[EdZ]

Are you sure you're, using commas correctly?

Re:Its a PR Stunt, not about trademark

[ideonode]

They're not commas but apostrophes that fell of the "it's" and wandered upstream like salmon.

Re:

[Hoi Polloi]

Those were supposed to be ";-)" but he couldn't afford the licensing fee for anything except the ","

Re:Its a PR Stunt, not about trademark

[MBGMorden]

Tack "Captain's log, stardate 1234, " onto the front of his post and it flows much more naturally.

Re:

[danieltdp]

So here is a new (?) emoticon: :,-( It's me crying because I can't blink anymore

Re:Copy-cats

[Klaus_1250]

The worst part is, they aren't even original. No-one here heard of Despair Inc.? http://despair.com/frownies.html [despair.com]

Re:

[rastilin]

There is a saying that there's no such thing as bad publicity. This is wrong. Just ask Michael Jackson or OJ Simpson.

Re:

[Alpha830RulZ]

I'm thinking OJ doesn't care much, one way or another, about publicity any more.

Re:

[meringuoid]

This Russian isn't the first to claim to have invented the smiley. [birdhouse.org]

(It's quite a long file. Begin at line 317.)

Re:

[SharpFang]

Patent office = zoo filled with interns, people fired from other better paid but higher requirement jobs, clueless friends of state-employed lowest-grade clerks and idiots unable to find any better job.

The job of a patent examiner is low-pay, low-qualifications, sucks major ass and is the low of the low you can get, so no wonder there are very few competent people doing it.

Re:

[Chrisq]

May be true, but that's got nothing to do with trademarks.

Re:

[edittard]

What lame-brain dummy would think that either :-( or ;-) are trademarkable symbols???

The Russian patent agency, for one.

Did I just say patent agency? I certainly did, and so did TFS.

Re:

[pjt33]

Age is irrelevant for trademark. What's relevant is whether the general public associate the mark with your brand / company. On this criterion his claim is invalid.

Re:

[cpt kangarooski]

What lame-brain dummy would think that either :-( or ;-) are trademarkable symbols??? They both originated circa 1980 and therefore are public domain.

I'm not sure what that has to do with anything. Perhaps Russian trademark law is different, but in the US, at least, it doesn't matter who creates the mark, or when it was created. What basically makes a mark protectable is that it is being used to identify goods or services so marked as originating from a particular source.

The word 'apple' has been around for

Re:

[porcupine8]

Probably the same kind of person who would think a common word like "apple" is trademarkable [apple.com]. Y'know, a totally normal person who is correct. It takes a special kind of idiot, though, to think that that means no one can ever, ever use the word/emoticon in any context again without paying them.

Re:

[xouumalperxe]

The whole "oh noes, public domain" argument applies to copyright, or to patents -- not to trademarks. I think that nobody in their right mind will disagree that your company has a right to its own image, and that trying to piggyback on it is wrong. This is obviously a scare tactic, because nobody trades under the ':-)', and, if these guys don't either, their trademark will soon be unenforceable. But it's still legitimate, as a concept, to trademark the symbol.

The real question here is: in what context did t

Re:

[mea37]

This story seems surrounded by confusion about what trademarks are and how they work.

To be fair, I'm working from the American concept and assuming the Russian concept is comparable; if not, then it shouldn't be translated as "trademark"...

In any case, "public domain" has nothing to do with whether you can trademark something. The "age" of a mark (when it was first used) doesn't really matter.

What the businessman is trying to do is stupid (or, more likely, is a ploy that depends on other people being ill-i

Re:

[Bill, Shooter of Bul]

The same kind that awarded me first place for my emoticon pumpkin. They seriously had never seen an emoticon before. I was ... speechless. And I had to in good conscious kick my own ass, for using an emoticon.

Re:

[DragonWriter]

What lame-brain dummy would think that either :-( or ;-) are trademarkable symbols??? They both originated circa 1980 and therefore are public domain.

Trademark isn't patent or copyright, and origin is of comparatively little concern. Colors have been trademarked. A trademark is not universal, it limits, mostly, promotional use of the mark in a specific domain of trade (hence, "trademark"), the protection exists principally to prevent misleading trading that confuses consumers.

Fine with me

[Golddess]

I never put noses on my emoticons anyway ;)

Re:Fine with me

[Andr T.]

RTFA. You're doomed.

He also said since other similar emoticons - :-) or ;) or :) - resemble the one he has trademarked, use of those symbols could also fall under his ownership.

Re:

[EvilIdler]

So does that mean Apple will have to pay this moron for Objective-C's documentation?

Re:Fine with me

[danieltdp]

Just put a mustache on it, like this ;-} Syntacticly is similar, but semantically different: it's not someone blinking, it's a guy with a mustache blinking!

Re:Fine with me

[suggsjc]

I had a couple of mod points, but I honestly couldn't decide between funny and insightful. Either way, I'm going to start using this one: =[:~;X(---[

I'm not exactly sure what it is, but I think there is a top hat and a bowtie in there somehow.

Re:

[danieltdp]

Your is more like a regular expression to me... A malformed one, BTW (unclosed groups and captures)

Re:Fine with me

[SharpFang]

You asshole, I ran this as a Perl program and it erased my hard drive.

Re:

[jlarocco]

Maybe you should RTFA where the guy specifically says he's only going to go after companies using the symbols to make money.

Re:

[Andr T.]

I did read it, but if I mentioned it, I'd lose a joke.

Imagine the scene

[Rik Sweeney]

Judge: Oleg Teterin?
Oleg Teterin: Yes? :-)
Judge: We have ruled that you don't have a patent on the emoticon
Oleg Teterin: Oh :-(
Everyone else: lol! :-P

Re:

[danieltdp]

You would prefer if Everyone else did ;-) instead of :-P

This trademark is already invalidated

[Cyberax]

Rospatent has already invalidated this trademark because it's a generic image and doesn't offer Superfone any brand recognition.

Patent THIS:

[AndGodSed]

:-*

my

(_|_)

>:-(

Re:

[theaveng]

:-* ----- "Kiss"

my ----- "my"

(_|_) ----- "overweight American ass"

>:-( ----- Okay now I'm stuck. What does this emoticon mean?

Re:

[AndGodSed]

>:-( is a smiley flipping the bird. I could not fit an arm and the other fingers in there.

Previous art

[Thanshin]

Does that mean I won't be able to patent my new processus of using the character "" as pictographic symbol meaning "nose"?

"Entrepreneur"?

[NorQue]

Why not call him the fraud that he is?

Re:

[Sockatume]

He owns an advertising company. Whatever else he may be, entrepreneur fits as a label.

Re:

[Sockatume]

1) In what legal or colloquial sense of "fraud", other than "bad thing", is this trademark fraud?

2) In what sense does investing in mobile phone advertising not count as an entrepreneurial enterprise?

Is this copyright worldwide?

[AndGodSed]

Does this ruling apply worldwide?

If so, I am now a emoticon pirate. You will probably be able to get some at piratebay soon.

Re:

[CuteSteveJobs]

This is a Russian Ruling. It carries as much weight in the real world as the Russian claim on the Arctic.

Re:

[pentalive]

P^] Arrgh!! We be Smiley Pirates!

Patent

[loonycyborg]

You keep using that "patent" word. I don't think that it means what you think it means.

Re:

[Zordak]

Exactly. This guy got a trademark. Trademarks only cover confusingly-similar uses (at least in the U.S. and most other countries). That means that he can only restrict your use of the emoticon in cases where your use would confuse people into believing you're selling his product. The summary doesn't say what he's selling, but assume he's selling pens with smiley face on them. That means that if you sell smiley-face gasoline, you're okay. In other words, this is a non-issue.

Comment removed

[account_deleted]

Comment removed based on user account deletion

Re:

[danieltdp]

;-) owns all of us

There fixed for you

Re:

[danieltdp]

You should reply to GPs. I only quoted him ;-) (crap! trademark problems again!)

leeches

[Gearoid_Murphy]

these people are parasites, not entrepreneurs.

Other Patent

[Andr T.]

It seems he patented [faqs.org] Times New Roman size 12pt too!

Time to opensource emoticons

[frenchgates]

I'm tired of paying the man to use them and I don't have the programming skill to figure out how to make them myself.

This is Proof that

[twmcneil]

The Russians do have a sense of humor. It's just a little different than ours.

Where Have I Seen This Before?

[wchatam]

This reminds me of the shenanigans [slashdot.org] of a company closer to home. I'd like to invite these two to work out their emoticon patent issues in the following manner:

o
|\__o
/\/\ /\

How the hell???

[gstoddart]

Given that this has been in common usage in email and the like for a very long time (I've been using ;-) for at least 15 years now) how in the hell can this be trademarked??

I realize patents have prior art, and we're talking about a Russian institution (from which I'm told you can likely buy anything) -- but how in the hell can a widely used emoticon which likely predates this guy using it in any way shape or form be trademarked??? Isn't this kinda like trademarking "the" or something??

I'm sure he'll be ab

Re:

[porcupine8]

Yeah, who'd ever think you could trademark [apple.com] a common [oust.com] word [cat.com]?

I'm so confused and amazed at the lack of understand of the difference between a patent, a copyright, and a trademark around these parts. Trademarking something does not mean that no one can ever use it again for any reason at all.

Re:

[gstoddart]

I'm so confused and amazed at the lack of understand of the difference between a patent, a copyright, and a trademark around these parts. Trademarking something does not mean that no one can ever use it again for any reason at all.

Ah, but here's what I don't get: You can only trademark something for the specific area of business you engage in, and as an identifying mark for your business. And, TFS seems to indicate this trademark was granted by the parent office (which, I assume in Russia is one and the s

Re:

[porcupine8]

But the stupidity is in his expectation of cashing in on this, not in the trademark being issued, which is what people keep complaining about. It's probably just a publicity stunt, really.

Re:

[gstoddart]

But the stupidity is in his expectation of cashing in on this, not in the trademark being issued, which is what people keep complaining about.

I just have no idea how you can bend the concept of trademark to even consider cashing in on this.

These get used as punctuation, and unless you're specifically using it in a way that interferes with him using this as a trade mark (ie. an identifying brand for your company) I just can't see how he's thinking of making anyone else license this from him. It sounds like

Prior art - literally

[David Gerard]

Emoticon nail decals [today.com] :-) :-D :-X

Useful when you want to take care which finger you raise to someone.

Emoticons are funnier

[snspdaarf]

in the original Klingon.

In response, I reserve the use of :-P

[Arancaytar]

As well as the acronym "STFU" and the expletive "retard".

History repeating all over again

[Arancaytar]

The name Cingular [theregister.co.uk] ring a bell? They didn't succeed either.

Maybe this will stifle use and kill the format

[riegel]

Maybe this will stifle their use and kill the format.

Maybe this is a good use of the patent system.

I also think any web forum that uses them should pay through the nose to this guy for the revenues he has surely lost.

This will have the greater effect of stifling all such uses in the future.

The more I think about it the more convinced I am that this is an excellent use of the patent system.

;) , Ooops I mean *wink*.

In other news,

[Alpha830RulZ]

I have now copyrighted the word 'fuck', and would like to offer it's use to the world for the low, low price of $0.05 USD. Users may buy a volume license of 30 uses for a dollar. Sysadmins may obtain an unlimited license for $20/year.

Re:

[gstoddart]

I have now copyrighted the word 'fuck', and would like to offer it's use to the world for the low, low price of $0.05 USD. Users may buy a volume license of 30 uses for a dollar. Sysadmins may obtain an unlimited license for $20/year.

Fuck! That's fucking fucked, you fucking fucker. How the fuck do you think you can claim any fucking copyright on the use of word fuck?

No $0.40 for you. :-)

Cheers

I should patent ==, !=, etc.

[Doug52392]

Why don't I patent all of the logical operators used on most modern programming languages, including ==, !=, &&, ||, etc. Gee, I could sue EVERY major software company, even Microsoft, for infringing my copyrights! I could be R$CH!

Prisons happier places...

[AmigaHeretic]

I am I the ONLY one that see this as a "good" thing?

I mean, if you ban emoticons then only crminals will have emoticons.

Think how much cherrier prisons would be!! :-)


hmmm... or more dangerous...

...._______________________
..../_==o;;;;;;____________[]
''' ), ---.(_(__) /
'' // (__) ), -"
' //__//
//__//

Who gives a flying f**k anyway?

[quadrofolio]

Who the hell cares. As if Russians give a damn about western laws. Same goes the other way round. What a lame sod he is. Good luck enforcing your lame copyright dude. :-) Wanker

Despair.com should sue him

[Greyfox]

It's too close to their trademark on ":-("(tm)

Not so fast

[Futile Rhetoric]

The rademark institution said that the smiley is an integral part of the "Superfone" logo, is not a trademark in and of itself, and is in fact incapable of being one.

Sorry to ruin everybody's party, but here [lenta.ru] is a source for those who can read Russian or are awesome enough for Babelfish.

Re:

[Futile Rhetoric]

...that was supposed to be "trademark". It's obvious, of course, but my pedantry wouldn't let it slide.

The supposed use is wrong

[jgoemat]

Trademarks apply to branding products. If your use wouldn't cause brand confusion with his advertising company, 'Suprafone', then you wouldn't be infringing on the trademark anyway.

Re:

[Aerynvala]

That's okay, I'd just spell it LOL and be free and clear ;)

Re:

[ubrgeek]

That's a very valid point and I appreciate your sharing it. Now that you've done so...

kthxbye(c)

Re:

[Aerynvala]

Oh you're most welcome! cul8r(c)

Re:

[account_deleted]

Comment removed based on user account deletion

Re:

[pm_rat_poison]

Hello? Is this the patent office? Good. I'd like to file a patent please. It's called "Use of organic materials for human energy acquisition"

Re:

[Andr T.]

Here where I live we c_n't type a cert_in letter. You know, the first letter of the _lph_bet.

D_mn, I'll be p_ying for my sig.

Re:

[mulvane]

Here where I live we c_n't type a cert_in letter. You know, the first letter of the _lph_bet.

D_mn, I'll be p_ying for my sig.

Here where I live we c_n't type "[a] FAIL" cert_in letter. You know, the first letter of the _lph_bet.

D_mn, I'll be p_ying for my sig.

Re:

[gstoddart]

Here where I live we c_n't type a cert_in letter. You know, the first letter of the _lph_bet.

What, spell bolour with a K? Why didn't I think of that? Silly bunt!

Cheers

Re:

[mcgrew]

It's not Soviet Russia any more. It's Post Soviet Russia.

In Post Soviet Russia, mcgrew corrects YOU!

inb4 patenting cellular respiration.

[Doug52392]

We'd all be screwed if someone patented "A system and method of natural cellular respiration to sustain life", or the equation... They could collect money from every living orginism on Earth every time an orginism breaths!

There are (somewhat) restrictions on patents relating to biological entities and processes, but they found a legal loophole before (All those patents on our DNA)...