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Cease and Desist Fail


Cease and Desist Fail

Apparently the lawyers are either really bored or can’t tell what a joke is…

Picture by: ThinkGeek.com Submitted by: Jay via Fail Uploader

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» 158 Failures in Communication

  1. 037 says:

    firstfirstfirstfirstfirstfirstfirstfirstfirstfirstfirstfirstfirstfirstfirst

    • Le Sinch says:

      GAF

      • fail fail fail and then some moar fail!

        • John Elson says:

          Having registered the false advertising slogan “The other white meat” doesn’t give them the rights to any phrase containing “white meat” , that’s ridiculous!

          • Phail Pail says:

            FAIL! The other white meat!

            • Genius says:

              Parody is covered by Fair Use – there’s tons of supporting case law behind that.

              Don’t worry, just ignore the nastygram. They have no legal basis for requesting the material be taken down:
              It doesn’t dilute the brand
              It doesn’t cause confusion for a reasonable person (unless they believe in unicorns)
              etc

              • keshet says:

                Are you saying that unicorns aren’t real??
                *sob*

              • anon69 says:

                also, it isn’t thinkgeek using the trademarked slogan, it is others. thinkgeek said “the new white meat”

                can’t blame one group for what another group does.

                • duh says:

                  Exactly. It’s not “The New White Meat” that is being called into question, it’s the fact that other websites have used the LEGAL image of parody to then alter the image containing an INFRINGING slogan of “the Other White Meat”.

                  Since the creation of the Legal image led to the creation of an infringing image, it’s possible that thinkgeek can be held responsible.

                  • Isar says:

                    ThinkGeek can’t be responsible for Groups in Social Networks, until they created them.
                    Actually, there are 4 Groups calling them self “The[]Other[]White[]Meat” and the doesn’t have any Logo, that would lead to National Pork Board. ^^

              • Max Goof says:

                I would not ignore the nastygram. I would write them back, and shove FAIR USE in their face! Make them back down!

                If they continue, hire a lawyer, and countersue for the cost of the lawyer that their attempt to intimidate you has cost, because there is no way in hell that they can win this.

              • Dave says:

                Fair use is a defense to copyright, not trademark.

                This really isn’t that dumb. Trademark is “defend-it-or-lose-it”. They’re not worried about non-existent unicorn meat, but the next guys who use “the other white meat”. If they don’t object to the unicorn meat now, then the next guys can argue they’ve abandoned the mark.

                *Shrug* Just lawyers doing their job, really.

                • Munch says:

                  They have a point with “NEW white meat” vs other websites misquoting. and there are special loopholes for satirical works, or MAD Magazine would have been sued out of existance by now.

                • Steve Hollasch says:

                  Dave, you took the words right out of my mouth. This is a trademark issue, where neither fair use nor parody apply.

                • Jinny says:

                  Except that the saying is different, so it shouldn’t actually matter.
                  “The New White Meat” vs. the trademarked “The Other White Meat.” It’s like they trademarked/copyrighted White Meat…

                • Vurtax says:

                  yeah but then Again Verizon got away with the gay ass “There’s a map for that” slogan thinking they were so clever ripping off of “There’s an app for that.” And Apple didn’t get to sue them for that use of the slogan

                • soulsmith says:

                  I wonder if they also have “Long pork” as trademarked, I thought “the other white meat” meant human flesh as in “other” than pork and chicken
                  seriously if I saw something with a label saying “the other white meat” I’d avoid it.

                  • Sterno says:

                    I wonder if the pork board also threatened to sue Mike Myers and the producers of Austin powers for “Baby, the other other white meat”

                    • Isar says:

                      I think they sued the TV show Scrubs, for the announce “I like white meat”.

                      • shadowpixie says:

                        human is “the other other white meat” at least that is what i saw on a sticker i wonder if the people who made that sticker got sued hmmm haven’t seen that sticker in like 8 years maybe they did

                • Mostly agreed – they have to flex their trademark muscles if they want to use them for real some day.

    • Fddcg says:

      W@NKER.

    • IHateLawyers says:

      This is another example of lawyers justifying their fees. They convinced the Pork Board that this letter needed to be sent out and billed them.

    • dragon says:

      wow look at how many times you repeadted yourself

    • Jason says:

      Did anyone notice the difference between “The OTHER white meat” and “The NEW white meat?” This Cease and Decist shouldn’t stand.

    • ninja says:

      loserloserloserloserloserloserloserloserloserloserloserloserloserloser

  2. yee says:

    what’s the fail?

    • Boodle says:

      The fail is that the lawyers are trying to do a cease & desist on what is obviously a parody/joke/gag item. Since the Unicorn Meat is a parody, it is legally able to use terms similar to “the other white meat”.

      Plus the lawyers are trying to say that the group is responsible for every person on the internet who are trying to refer to Unicorn Meat as “the other white meat”. Yeah… no.

      • yip says:

        Precisely – The actual item is using “the new white meat,” yet fan pages on facebook are using “the other white meat. This is yet another classic case, which shows that lawyers have no clue how the internet works. Facebook pages are not always owned by the people and items they’re directed towards.

      • Dave says:

        It’s more a legal system fail than a lawyers fail. The lawyers have no expectation of winning a cease-and-desist fight, but part of protecting trademarks is basically not letting anyone use the words for anything else unless they’re definitely using them for something completely different – and showing that you were watching for violations. Whilst there is no legal protection against the trademark being used as parody, the trademark can pass into common usage via the parody, and so no longer be eligible for trademark protection.

        Basically, the lawyers aren’t expecting to win, but there is a benefit to them in terms of trademark protection in showing that they have tried hard to protect it. Being overprotective costs nothing, but may carry benefits. At least this way no-one can claim they didn’t care about the slogan.

        Of course, the slogan itself is failworthy. Pork is not white meat by definition from the type of muscle fibres it contains. It’s red meat, despite the colour.

  3. Adam says:

    omg First! Also, Lawyers are retarded.. just like Firsters.. damn Firsters should die in a car fire!

  4. Just me says:

    Is 120 seconds really “mere seconds”?

    • Adam says:

      It is if it appears to be only about 10-15 seconds on my end due to update delay on the website.. there were no comments when I posted mine, and only took a few seconds to write up…. dispite the time stamps showing a 3 minute differance

  5. Mentle says:

    For everyone who doesn’t get it: Unicorn Meat…
    Read the text

  6. Fake says:

    Woooo!! Unicorn Meat!! OO YEAAAH!!

  7. antigone says:

    last I heard, parodies were specifically exempt, and are *legally* considered allowable uses.

  8. Johns.. says:

    This happens all the time online… Big companies need to sue people for even near misuse of their trademarks, or the trademarks can be considered to be public property, and anyone can do what they want with them. A F*cked up legal system, that’s what it is.

    • zxCZXC says:

      Years ago I had a website, kids-r-us with pics of my kids. Guess who threatened us? Go ahead. Took my domain and didn’t even pay for it. My attorney said better to lose the domain than fight them for it. But, to be clear, this isn’t a lawyer issue. This was a Pork Industry action.

      • booyah says:

        They don’t *need* to sue people, because trademark dilution is rarely ever an issue.

        They should only sue if there is a *competing* product using their trademark, for instance counterfeit shoes posing as prada or similar.

        If a company makes cheese and calls it prada, then there is possibility consumers can confuse the two products!

        Kind of like unicorn meat and pork :P

      • Junky says:

        “Miller High Life” Another one where a family’s website was taken down by the court because it had the same phrase as the beer company. Even though the website was up years before the “Miller High Life” phrase started being used by the beer company.

        • DrWill says:

          Um, that’s not possible, since Miller High Life was introduced in 1903, there’s no way that the website could have been “up years before the…phrase started being used by the beer company.”

  9. gaedii says:

    “But what makes this cease and desist so very, very special is that it’s for a fake product we launched for April Fool’s day.” – from the ThinkGeek website.

    LULZ

    • Shatzeesmom says:

      Why not try….”Unicorn! It tastes like bald eagle!” Of course, it is illegal to hunt and kill bald eagles, but it sure gets them stirred up just to say it!

  10. Me says:

    Lawyer: The other other white meat.

  11. Mr Obvious says:

    It’s funny, but not a fail. US law requires you to defend your trademarks. If you don’t, your right to the trademark is lost. So they *must* send this, or the next time they try to protect their trademark against a *real* infraction, their failure to protect their trademark against this “unreal” infraction will work against them.

    So it it’s not a cease and decist fail, it’s a US tradelaw fail.

    *This peace of information brought to you by Know-it-all-douche Inc.*

    • r€nato says:

      Internet lawyer FAIL

      you don’t lose your trademark if you fail to mercilessly track down every single instance of a remote possibility of infringement (which is what you suggested with your, ‘the next time…’ statement).

      What can – and has – happen(ed), is that if a trademark owner is not diligent about protecting against infringement, *eventually* they can lose the trademark. I believe the term is, ‘abandonment’. ‘Diligent’ != ‘if you fail to enforce your trademark in every single instance, you lose it’

    • GLM says:

      Actually, I run a magazine, so I can tell you this is a fail. There is a clause in the copyright law called “Fair Use” which allows for the use of a trademark or copyright for the purposes of news, critique, satire, or parody. Any real lawyer would know that.

      Often times, what will happen is a lawyer will send out these types of letters in hopes that they will either be able to intimidate you into compliance, or if they can’t, they’ll offer you a “settlement” for some astronomical fee and try and talk you into paying up to avoid costly litigation even though you have no obligation to, nor are you in the wrong.

      Sorry, but I gotta stand up for my fellow parodists.

      • ML says:

        Fail for not understanding the difference between “copyright” and “trademark”

        • Cubane says:

          Copyright fair use is not the same as TM fair use. FAIL!

        • AFP says:

          What exactly did GLM get mixed up, pray tell?

          • PillowCaseLaw says:

            The fact that Fair Use is not a free license – it’s an affirmative defense. It means that you can still be sent C&Ds, sued, even arrested for criminal cases of infringement/dilution, but that you can offer up Fair Use as your way of saying “yes I did it, but it’s OK because…”

            Seriously, anyone who thinks Fair Use means you’re invulnerable to actions like this is flat-out wrong.

      • Daniel says:

        So the National Pork board should be a bit more…”Fair and Balanced”?

    • Bru says:

      It’s not just a fail. It’s a fail of such magnitude that the Pork Board’s lawyers should be sent back to the 1st grade to relearn the basics of reading. One, Thinkgeek was covered by parody. Two, there was nothing for Thinkgeek to “cease and desist”. It was an April Fool’s joke, so they weren’t actually selling a product. All this letter did was serve to make some lawyers look extremely foolish and ignorant. If this had ever gotten as far as a courtroom, any real judge would have laughed the Pork Board out of the room in 10 seconds flat.

  12. Unicrnlvr387 says:

    While it has become common practice in modern ages to only read a body of text up to 140 characters, much (though by no means all) of the civilized world still consider full-text as the preferred method of communication. I would suggest getting with the program.

    Secondly, although unicorns are on the protected species list, a bill filed by the Bush administration just before he left office granted a special license to the receivers of the above letter to market their product (see 18 CFR 938.49§37) without restriction. The poor wording of this allows the use of other similar trademarks, servicemarks, etc. in the selling of the product by Executive Order.

    This, of course, caused no small outrage. As you may even remember from the movie Harold and Kumar 2, there is a scene where Neil Patrick Harris is seen riding a unicorn. As well, in a recent article in Complex magazine, TV personality Olivia Munn is photographed riding one as well. These and other such images have been cropping up as a guerrilla protest to protect the unicorns and an attempt to apply pressure to the current administration to lift the exclusion for their hunting, which they have not wanted to do as a result of campaign promises made to donors. The issue has raised such attention that even Keith Olberman from MSNBC and Glenn Beck from Fox have joined together in this one cause!

    But if you aren’t up on any current events besides the display of Miley Cyrus’ vajayjay, then it’s not surprising you missed it.

    • DeepInTheHeart says:

      I wonder if FarmVille will be getting unicorns wandering onto the farms now. I really must do something about my FB2/FarmVille addiction!

  13. Cam says:

    It’s not necessary for the owner of a trademark to take action against an infringement if he deems it minor and inconsequential.

    If the infringing party’s use of the trademark is not widespread and it is plausible that the owner of the trademark was unaware of it, then that does not cancel the trademark.

    That being said, better to be safe than to be sorry.

  14. KT8711 says:

    It’s not the lawyer’s fault. It’s the fault of whoever is running that company who sees the unicorn meat slogan, doesn’t realize it’s a joke, and then sics his in-house attorney on the unicorn meat company.

  15. Leslie says:

    Reminds me of another entity which was only very recently whining like a child about the unfair use of its name.

    Ring any bells Failblog?

    • DeepInTheHeart says:

      Mmmhmm. Out of love and loyalty for the PTBs I didn’t want to mention it. . .

    • Squirrel says:

      You mean SPARC’s C&D against Sparkfun?

    • ¡Great Scott! Me transmitte sursum, caledoni ▲Caution slow posts▲ says:

      Mocking someone one your website is the same as suing them? I think you’re a fool, so I guess you’d better get some lawyers to defend yourself.

  16. Spinoza says:

    I cannot see the problem here. A trademark is a trademark, and you must pay royalties even if you use it in a joke

    • dooooo says:

      Thinkgeek wern’t using the trademark

    • genki says:

      a work of parody is usually protected from copyright or trademark infringement. if these lawyers were to waste time and money going to court, the judge will likely laugh at them and dismiss the case.

      • Brad says:

        I don’t remember a huge amount from my couple of years of Japanese language classes, but genki is a good word.

  17. TB Tabby says:

    Just wait until Pixar sues them over My First Bacon.

  18. Phil says:

    There is NO fail here – joke or not.

    Marketing your brand and protecting intellectual property cost a lot of money. I am in the process of doing this for the second company I own…it isn’t cheap.

    They didn’t spend tens of thousands of dollars to protect their trademark/service mark for no reason.

    Same applies to patents. They cost around $15,000 for a United States patent and $100,000 and up for global patents. Spend that amount of money, watch people copy your design and then tell me it’s not worth going after them in court.

    I’m sorry to be Mr. Party Pooper here…but until you’ve been IN their shoes you won’t understand.

    • Mark says:

      Sorry, the fact that people feel the urge to spend thousands of dollars to ‘trademark’ a phrase as inane as ‘the other white meat’ is just ridiculous.

    • Junky says:

      It would be cheaper to defend a copyright if they didn’t go after people who are immune because of the news/parody exception.

      And double fail because the people they sent it to weren’t the ones using the copyrighted phrase. “the new white meat” is obviously referring to something other than “the other white meat”.

      Others are right, judge would laugh this out of court once they got to the point where the slogan wasn’t actually used to sell a product and, instead, referred to a mythical meat animal.

      • Dave says:

        1. This isn’t copyright. It’s a trademark.
        2. Parody is an example of a fair use defense to copyright. It doesn’t apply to trademark.
        3. Fair use doesn’t make you immune to lawsuit. It’s an affirmative defense that you have to argue and prove in court.
        4. The real issue here is, as you say, that the product isn’t real, so it’s not really a competing use of the mark. That said, it costs almost nothing to send a C&D letter, and doing so makes it less likely that the *next* infringer, who *actually* uses the mark, will be able to show that pork doesn’t protect it’s mark (in which case it could lose it).

  19. Nulono says:

    ThinkGeek, the people getting this letter, are not using the trademark.

  20. Pale Facsimile says:

    Guys, have some compassion! Big international law firms are laying people off by the hundreds. Considering investigation, research, consultation and all the rest, this “value-added” exercise probably funded the salary of one associate and two paralegals for a month. Thank you giant pork industry for keeping the world’s law firms running!

  21. zackislost says:

    they wont win. it falls under the parody laws.

  22. M.U. says:

    I’m amazed at all the idiots defending the lawyers here. Common sense fail.

    • ML says:

      Perhaps common sense fail, but nonetheless a legal requirement. It is well established legal fact that if you don’t defend your mark, you lose it — like Aspirin, the Yo-Yo, and the Frisbee.

      Therefore, companies are compelled to defend their marks — even in obviously parodies — in the fear that if they don’t, they’ll lose it.

      Google “Genericized trademark”

      • Jimmy Fury says:

        Google “suing a company for something another company did because your lawyer is a moron who can’t comprehend those crazy interwebz”

  23. Lack of Insight Fail says:

    “Parodies” are protected speech when it comes to defamation of public figures, which is not what this is. Here, you have an entity that owns a trademark, and other entities that are exploiting that trademark for gain. It doesn’t matter that its a “joke” or not (although it is a very stupid joke) – the point is that it dilutes the NPB brand and cannot be used without their permission. I don’t know a ton about intellectual property law, but I’m pretty sure the NPB (through their attorneys) have a right to protect their property.

    The Board’s directors probably approached their IP attorneys and asked them to handle it – this isn’t just the lawyers acting unilaterally.

    • M says:

      Is this a possible trademark dilution, though? ThinkGeek used the phrase “the *new* white meat”, not “the other white meat”. Even the C&D letter notes that their objection comes from *other* sites linking the trademarked phrase (which is a bit ridiculous in itself, but that’s another topic) with the non-existent ThinkGeek product. It seems that the pork lawyers are claiming that it’s a violation to publish any web page which *someone else* might associate with a protected trademark.

    • Makumasa says:

      Herp. They used “The new white meat,” not “The other white meat.” That means that the only part of the trademark in jeopardy are the words “the” “white” and “meat.” We can automatically throw out “the,” so we are left with “white meat.” expecting to have exclusive use of “white meat” is ridiculous beyond words. Expecting ThinkGeek to be held accountable for the actions of outside, social networking sites, is ridiculous beyond words. Claiming that their slogan is being jeopardized by a product that not only doesn’t compete with their pork products at all, but also a product that is fake (an April Fool’s joke) is retarded crap. You can bring up technicalities all you want and go on about “protecting the trademark,” but at the end of the day, their trademark was not in jeopardy in any sense of the word and any normal judge would throw out the case before their lawyers could put their pants on.

  24. Rick says:

    Actually, they have to do this. If they don’t respond to EVERY single non-authorized use of their trademark, they risk losing it. From a legal perspective, if you don’t defend your trademark, you lose it. So, if Kleenex(TM) (sorry for the US reference) doesn’t stop authors from putting “She used a kleenex to clean her face,” then the term Kleenex(TM) can become public domain.

    It happened, btw, to webster’s dictionary. Webster’s was, at one time, a brand name dictionary. They didn’t defend their trademark, and they lost it. Now anyone can publish a Webster’s Dictionary.

    At no time did the Pork Board believe in unicorns, or fail to see the humor in the joke. They just had to act, as they don’t want to lose their trademark.

  25. AJ says:

    ThinkGeek should write back:
    “Dear Sirs,
    In lieu of removing what we feel to be an essential part of our product catalog, we would like to propose a mutually beneficial solution to this conflict. We would like to offer your organization 90% of our gross profits resulting from the sale of the aforementioned unicorn meat. We trust that this generous arrangement will be to your liking.”

  26. Tim says:

    Gonna have to stand with the lawyers on this one for 2 reasons:

    1) They want people to think of pork when they hear the phrase, “the other white meat.” They’ve probably invested many thousands if not millions of dollars into getting people to think of pork as “the other white meat.” While seemingly humorous and harmless, this is an obstacle to their efforts. It is a clear dilution of their branding and has the potential to do untold financial damage to their brand.

    2) US law requires trademark holders to make efforts to protect their trademarks. Failure to do so may result in a loss of trademark. In other words, if they didn’t send this cease and desist, they could lose their mark.

    • Jimmy Fury says:

      Wow seriously. it’s sort of amazing how many people obviously didn’t read the C&D all the way through.

      Thinkgeek never once used the trademarked phrase in question. It was used on facebook and “thefrisky.com” whatever that is.

      Pluuuuuuus.
      Trademarking “the other white meat” does not trademark every use of the words “white meat”.

      By this absurd “they have to do this!” logic TPB is already screwed out of that trademark by every fast food commercial advertising chicken as “100% white meat!”

      • Munch says:

        the law firm probably spent no more than 5 minutes putting this together. They probably had a data mine set up looking for that, and their other clients’ slogans.

        Besides, they don’t HAVE to sue, they sent the letter. That constitutes an enforcement attempt, and will probably never be followed up on.

    • dooooo says:

      Okay, imagine i made a page advertising bacon with the tagline

      “Bacon – just eat it”

      Then some people on facebook linked to my page but instead linked it as “Bacon – just do it”

      Then Nike lawyers send me a C&D for abuse of trademark would be a fail. I havn’t mentioned their trademark on my site!

      My slogan is advising people to eat bacon, not to do bacon.

      If the lawyers really were that pernickety that they wanted to ignore the parody then they should have sent the C&D to facebook (or facebook users) in regards to the pages which mis-quoted me.

      This is why its a double fail, there has been no trademark infringement AND they sent it to the wrong people!

  27. AJ says:

    Wait, so ThinkGeek is going to confuse people as to the identity of “the other white meat”? People will now think that they can just go out and buy pork that isn’t Pork® brand Pork®? Because there are so many kinds of pork out there!

  28. AJ says:

    The trademark dilution thing seems like a huge fail. The “Kleenex” model isn’t a very good comparison to this situation. When the hell are people ever going to refer to ANYTHING as “the other white meat,” except in jest?

    (to waiter) “Yeah, I’ll have the the other white meat enchiladas, and my friend will have the the other white meat ribs, medium rare.”

    • Mark says:

      LOL, exactly!

      The trademarking of things that should not be trademarked/copyright/patented is a failure of the current US Law. For example being able to actually copyright a genome should be strictly forbidden.

  29. qzl says:

    Legal system fail – but also a major slogan fail. Why on earth would you choose a slogan that forces the reader to think about a completely different product, and then doesn’t even suggest a positive comparison. It’s so bad that the simple parody is actually more effective – at least “new” has some sort of positive connotation.

    I find it hard to think of a more lame example.. “Citroen – also has 4 wheels and an engine”.. no, that’s still better than “the other white meat”

  30. Jeff D says:

    Pork is red meat, not white meat. They began this promotional campaign about twenty-eight years ago – soon after the US Surgeon General publically advised people to eat less pork to reduce heart disease.

    Twenty-eght years of hogwash (pun intended) plus.

    And so they sue one business enitity for the actions of unrelated and remote businesses. A pure scare-tactic harrassment regarding the general policy of sever-companies to dump any client in response to a S&D request.

    I wonder who owns the judge.

  31. Austin says:

    I love this I saw it on think geek a couple of days ago

  32. gambitgirl says:

    Something I found peculiar is that supposedly the pork board is dropping the slogan last i heard…

    I was also surprised to hear it on the news on our local oldies station!

  33. Feldar says:

    The wording of the letter seems to say that they are sending thinkgeek a C&D because OTHER websites are linking to this (obviously parody) product using the phrase “The Other White Meat.” WTF

  34. Thomas says:

    I got some other white meat for that scumbag attorney.

  35. Noion says:

    What has the world come to?

  36. Robin says:

    I thought I was the other white meat?

  37. nazani14 says:

    Elf. The other white meat.

  38. WiiMoat says:

    Some people don’t realize that ThinkGeek doesn’t even sell the unicorn meat. Clicking “buy now” takes you to an April Fools day page.

  39. Adam says:

    dilution might be a viable defense when suing for infringement unless the defense argues that it is merely transformative and thus fair use (i.e. parody). not really sure why this is a fail….

  40. Lowyer says:

    Lawyers: the other white meat. Green rotten meat actually.
    (I doubt the owner of the company thought he could sue for use of this sentence. It really takes a lawyer to come up with such crazy ideas).

    Anyway, I thought “the other white meat” was just a simple expression… I didn’t know someone owned the joke.
    I’m going to trademark all the jokes I come up with. I’m also going to put a trademark on “that’s what she said”.

  41. A. Nonamus says:

    What the vast majority of posts above fail to recognize, is that ThinkGeek IS NOT using the phrase, “The Other White Meat”, but the National Pork Board has sent them a C&D letter which is apparently asking ThinkGeek to stop OTHER websites from using the phrase! This is roughly equivalent to a cop knocking on your door and telling you that you need to issue speeding citations to drivers on a road in another town, state or country. Guess what? It’s NOT THEIR PROBLEM, NOT THEIR JOB! NPB’s lawyers need to send their C&D letters to the right people!

    • Dave says:

      What they’re actually saying is that the slogan “the new white meat” is confusingly similar to “the other white meat”, and listing examples of where people have actually confused them. Consumer confusion of similar marks is pretty standard fare for trademark infringement claims.

  42. Hope says:

    The unicorn meat in question was actually part of ThinkGeek’s annual April Fool’s Day fun. i.e. Products that don’t actually exist.

  43. lmaobucket says:

    well since moderators cant take a joke, im going to repost what i wrote. This is a rediculous cease and decist order, first of all, thinkgeek did not copy the quote exacly as National Pork Board has it; Second, thinkgeek is not responsible for anything that is placed outside of their company website. I say we send NPB some hatemail to point out and laugh at their stupidity. What a waste of a lawsuit.

  44. VincentVancrow says:

    Many years ago, Sherman’s Lagoon had a book out called “Poodle The Other White Meat”… I wonder if they got sued…

  45. The Ninjinister says:

    Did Mike Meyers and the producers of Austin Powers (specifically the first sequel) get sued for Fat Bastard’s line “Baby: the other white meat”?

  46. ThinkGeek should write back:
    “Dear Sirs,
    In lieu of removing what we feel to be an essential part of our product catalog, we would like to propose a mutually beneficial solution to this conflict. We would like to offer your organization 90% of our gross profits resulting from the sale of the aforementioned unicorn meat. We trust that this generous arrangement will be to your liking.”

  47. Merri says:

    But really, unicorns are pink, aren’t they ?

  48. Petey says:

    Pork ISN’T a white meat…
    (And Unicorn – whether it would be more closely related to horse, cow, or deer – would definitely be red, as horse, beef, and venison are all red, too.)

    • Yuppu says:

      Oh, thank GOD someone knows it!
      I was going to snap and kill one of my granpa’s pigs just to prove myself pork is not a white meat and I was right :/

  49. Anibal says:

    If thinkgeek can be held responsible for that parody, well, burn your laws, kill your lawyers and attorneys and start all over again, they are flawed.

  50. TRUE says:

    LONG LIVE THE NATIONAL PORK BOARD!!!!!!!!!!
    DOWN WITH FAILBLOG!!!!!!!!!

  51. Yaoifangirl13 says:

    just like how Jews and Muzluims cant eat pork, As a Wicca (Even though I’m mainly a Christain) I can’t eat Unicorn meat!! XD nor can I eat Dragons, Dolphins or Owls!!

    • gambitgirl says:

      “Muzluims?”

      & how can you be “Christain” & Wiccan? I thought the first disregards the latter…?

  52. MrOpinion says:

    OK never mind the ‘joke’ of Unicorn …………. but these lawyers would loose in court and the joke is on them since their ‘copyright’ was not infringed on
    there is a very clear difference between
    ” The other white meat” and “The new white meat”

    So it’s a Double Fail ……. and I’m waiting for that new white meat — getting bored of the same old roll in the mud stuff :-)

  53. Isar says:

    Hmm… Whta would Sledge Hammer do?

  54. hedgehogboy5 says:

    The other part of this fail is that this wasn’t even a real item, it was an april fools joke

  55. Nicolas says:

    WOW…I didn’t know that the world consisted only of Canada, Europe and the USA….so in other words…I AM AN ALIEN !

  56. exp says:

    Why the hell does there even exist such a thing as a pork board?

  57. IAAL, IANYL says:

    As the letter says, “The other white meat” is used relating to the product in some places. The lawyer is only doing her job. With a trademark, you *must* seek to enforce it whenever someone is using it for whatever reason, or else you risk losing your trademark through dilution.

    Actual legal knowledge fail.

    Aside from which, everyone knows that unicorn meat is actually beige.

  58. Military Demotivator Contest. [moved to the top]. Speaking of demotivating. … Create your own Military Demotivator poster here


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