Wednesday, August 26, 2015

OMG LMFAO, SMH, FML. #beer

LMFAO.
Right? Right. I’m totally LMFAO right now, because this is ridiculous.  Uncle and nephew duo (yeah, you read that right) of the electronic dance music group LMFAO are apparently pretty pissed off that Pigeon Hill Brewing is taking advantage of their Party Rockin’ success and infringing on their quality name by calling their stout "LMFAO Stout" (aka Let Me Fetch An Oatmeal). Because, someone might think that the band brewed the beer, or that Redfoo and Sky Blu wholeheartedly endorse this particular stout when obviously they prefer champagne (showers.. pop, pop, pop it in the club. Ahem.)
HOW LONG DO WE NEED TO BE SHUFFLING, PEOPLE? Seriously, is this really a thing?  Is this really a point of confusion? Has LMFAO recorded anything after 2012? No, nope of course not. What this is is trigger-happy lawyers that jump on trademark disputes quicker than you can say “I’m sexy and I know it.”
Let’s talk about trademark law right quick. Here’s what’s up. Yes, the trademark owners (or their representatives) are required to police and monitor the use of their trademark. There is no office that will do that for them; the responsibility is solely up to them. So trademark owners are correct to be aware of organizations that are infringing on their namesake. But what exactly is trademark infringement? It’s the commercial use of the same or similar mark by another that is “likely to cause confusion” among actual or potential customers of the products or services at issue. 

Are we confused?
11888116_693734174090808_1582782930032095899_n (1).jpg
LMFAO (Stout)
https://upload.wikimedia.org/wikipedia/commons/a/a3/LMFAO_-_Live_Walmart_%281%29.jpg
LMFAO (Music People)














Probably, but not for the reasons for which trademark law would apply. 

Anyway, LMFAO Stout was so named as the result of a social media search, invoking silly internet slang for fun. Which, I’m fairly certain, was around before this duo.

To conclude, all you really need to do is read this response from Ms. Sheila Eddy from Smith, Haughey, Rice & Roegge, Pigeon Hill’s legal representatives:

Wiggle, wiggle, wiggle, wiggle, wiggle, yeah.
*no ill will against LMFAO (the band), by the way. But really-this is kind of ridiculous.

UPDATE : Amicable solutions are in the works, and everyone enjoys good beer. I figured gents who make this totally zany, cray (though well-produced) music couldn't be total douchebags. I was skeptical of the lawyer, because- lawyers, but it seems like it's all gonna be alright.

 




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