from the going-public dept

public outcry and backlash can result in many, many good issues. We see it right here at Techdirt on a regular basis, notably relating to aggressive bullying episodes over mental property. Some individual or firm will attempt to play IP bully towards some sufferer, the general public will get wind of it and throws a match, and all of the sudden the need over the IP motion goes away. Retailers, producers, breweries: public outcry is a good way to finish ridiculous authorized actions.

A current instance of this comes out of Tulsa, OK, the place a riverside park of all locations determined it needed to sue a espresso store over the same, if pretty generic, title. Gathering Place is a park in Tulsa, a… place… the place folks… you realize… collect. The Gathering Place is a espresso store in Shawnee, 90 miles from Tulsa, the place folks get espresso and, I think about, sometimes collect. However regardless of any gathering similarities, espresso retailers are usually not parks and 90 miles is a reasonably great distance away. Which makes a lawsuit over trademark infringement introduced by the park very, very unusual.

The lawsuit alleged the espresso store “deliberately mimicked” the title of the park to unjustly profit from its fame.

“This couldn’t be farther from the reality,” the espresso store homeowners countered in a Fb put up. “It’s exhausting to suppose that somebody would really be confused between a world famend outside play area and a small native espresso store positioned an hour and a half aside.”

It seems the general public very a lot agrees with the espresso store homeowners, as many went on-line to register their displeasure over the lawsuit. A number of thousand folks additionally signed a web based petition backing The Gathering Place.

A whole bunch lashed out on the park on Fb after the lawsuit was filed, with some vowing by no means to go there once more.

“Should not be suing PEOPLE. Particularly mother and pop companies. SHAME SHAME SHAME!” one critic commented on the park’s Fb web page.

The consequence was pretty swift. All of a sudden, each side got here collectively and entered a kind of annoying settlements I complain about a lot, the place no one will get to be taught any particulars of the phrases. What has been made public is that The Gathering Place has gotten a license from the park, Gathering Place, to proceed to make use of its title. Because the supply put up notes, typically instances these licensing preparations include some form of cash altering palms, however what that quantity is perhaps is anybody’s guess. Given the dimensions of The Gathering Place, you must think about it’s pretty minimal.

As a substitute, the park most likely witnessed the backlash and determined a fast exit is what was wanted. Each to restrict the authorized prices of litigation in addition to the price to the repute of the park as a result of backlash by the general public. Both manner, I very a lot doubt this settlement would have been reached so shortly with out the general public outcry.

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Filed Beneath: gathering place, public backlash, shawnee, trademark, tulsa
Firms: gathering place


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