Sorry guys, in this case, it doesn’t work that way.

A nonowner may also use a trademark nominatively—to refer to the actual trademarked product or its source. In addition to protecting product criticism and analysis, United States law actually encourages nominative usage by competitors in the form of comparative advertising.

http://en.wikipedia.org/wiki/Fair_use_%28U.S._trademark_law%29

The Lanham Act permits a non-owner of a registered trademark to make “fair use” or “nominative use” of a trademark under certain circumstances without obtaining permission from the mark’s owner. The fair use and nominative use defenses are to help ensure that trademark owners do not prohibit the use of their marks when they are used for the purpose of description or identification. Fair use or nominative use may be recognized in those instances where a reader of a given work is clearly able to understand that the use of the trademark does not suggest sponsorship or association with the trademark owner’s product or services and therefore is not being used in a manner to confuse the reader.

http://www.publaw.com/fairusetrade.html

Unlike most statutory fair use cases, nominative fair use involves the descriptive use of the plaintiff’s mark to describe or identify the plaintiff’s goods or services. While decided as a statutory and/or common law fair use case, WCVB-TV v. Boston Athletic Ass’n., 926 F.2d 42 (1st Cir. 1991), is more logically a nominative fair use case, although decided before the Ninth articulated the defense and coined the term. This case involved the use of the registered trademark BOSTON MARATHON by a television station in connection with its coverage of the running event. WCVB-TV had displayed the words “Boston Marathon” on the screen before, during, and after their coverage of the actual marathon. The First Circuit found that the fair use defense was properly asserted, reasoning that the trademark was used primarily in a descriptive manner. Because of the “timing, meaning, context, intent, and surrounding circumstances,” there was no likelihood of confusion. The court concluded that without allowing others to use the term “Boston Marathon,” it would be virtually impossible to describe the Boston Marathon.

http://www.cll.com/articles/trademark-parody-statutory-and-nominative-fair-use-under-the-lanham-act#NOMINATIVE%20USE%20AS%20FAIR%20USE

The facts are these:  I posed naked with my Nintendo DSi. I stated as a description FOR the promotional gallery for my affiliates, that it was a Nintendo DSi. My affiliates used this terminology because it is in fact a Nintendo DSi in the photos with me. The company going after people states the following:

Re: BLOG NAME REMOVED

IDENTIFIED PROBLEM: Web site uses a Nintendo trademark (Nintendo) in
the code of the page.

Dear Moniker Privacy Services,

We are an Internet monitoring agency representing Nintendo of America
Inc. (“Nintendo”). We are writing to ask you to stop using the Nintendo
properties in the hidden text/visible text/meta tags and/or title and/or
links of the above-referenced sexually explicit Web site. Nintendo’s
customers include many children and their parents. Unauthorized use of
Nintendo trademark(s)/work(s) is harmful to those customers and will
tarnish Nintendo’s reputation.

We look forward to your immediate confirmation that you have taken the
necessary steps to resolve this matter. To that end, you may email us at
StopInfringement@cyveillance.com.

Please note that these are automatic email boxes so typically no
response is sent as long as the problem is corrected.

Sincerely,
Cyveillance

Um. No. I don’t give a shit if Jesus himself surfs the web looking for a Nintendo DSi — the simple fact of the matter is that not ONLY are my affiliates in the right but I am in the right for instructing them to use the phrase in the first place. It’s describing the object in the photo. Deal with it Nintendo. You’d be pitching a goddamn fit if I put it down as some other console, so take the publicity and move on about your lives. I promise, you’ll be less like tools if you do.

Btw, a couple of the photos mentioned are right through this link: http://www.geekgirlsonline.net/hosted/athenahollow4/ (OBVIOUSLY NOT SAFE FOR WORK!)

Also, another example of how Nintendo is being rediculous, is pointed out by our friends over at KinkyGamer. I was talking to the owner about the whole situation and here’s what he had to say:

It appears to be related to the below picture of Athena from Geek Girls Online enjoying her DS while nude. The funny thing is, they did not seem to have a problem with a barely dressed girl playing the Wii Fit on youtube which got millions of views immediately following the release of the Wii Fit.

[Read the Full Post] (Also Not Safe For Work)

Yea……. off that cross Nintendo.

The verdict against the Pirate Bay was “leaked” and caused as much of an uproar of ignorance and stupidity as the Napster trials. They were found guilty, by no shock to be honest. Software, Movie and Music organizations across the world were partying, I’m sure, as TPB were fined a total $3,620,000 and sentenced to a year in jail for each of the 4 main members. They were found guilty of assisting in making copyright content available.

As they are technically guilty by association  with the copyright material, I will not dispute it. Unfortunately, it has given the morons of the internet a voice, one that is completely ignorant and stupid.

I recently had a run in with a self-proclaimed advocate of free speech who said they deserved it because they were giving out copyright material. Unfortunately, that is absolutely incorrect. TPB was a search engine. They didn’t host a single file that was ever downloaded or uploaded to individual users. Torrents don’t work that way. You connect to a tracker, which keeps a list of people who are currently hosting the files on their computers, not a website. The torrent client then connets to those IP addresses and downloads the files, while simultaneously uploading to help keep the file alive.

After pointing out to this guy that he was wrong, and that the pirate bay was more comparable to google than anything else, he proceeded to tell me I was wrong. And I quote:

“Google is not actively hosting files for people to download..Google is a search engine .I didn’t know that I could use pirate bay in that capacity .as a search engine that is”

(His bad grammar, not mine)

He also tried to rub it in my face that my sites weren’t part of The Free Speech Coalition, and that he is somehow personally acting on behalf of me in fighting for my rights. (I’m pretty sure that’s what the ACLU is for, but whatever.) Oh, oh, here’s the kicker.

“They are Professionals and rapidshare and Pirate bay is cutting into there bottom line The Free Speech Coalition.
( www.freespeechcoalition.com ) that I am a member of Is now going after Tube sites.
REDTube and PornTube for copyright infringement. By the way The Free Speech Coalition
are the people fighting for your right to be a pornographer. I went to your site and what did I not see …Your not a member of the Free Speech Coalition .So I’m paying for the fight and your not.”

Like how he did that? He is personally fighting for me, by paying $10 to get a lousy sticker. ZOMG!

Of course, after I pointed out that he is a moron and needs to get his facts straight, he rennigs on everything. I made it very clear that I know people who work for AEBN and that there is no way in HELL the Free Speech Coalition is suing them, he claims he “misspoke”. Then, follows it up with:

“‘The pirate bay DID NOT HOST FILES’ really I know that and I know how pirate bay works”

So, he not only admitted he’s stupid, but that he is an elitist prick in the same sentence, as he follows it up with the “fact” that he PERSONALLY knows models such as Bella Star, Dana DeArmond and Masuimi Max. Whoop-de doo dude. I know famous people too, but you don’t seem flaunting it around to try and garner attention from people who could care less.

AnyWho. That was this weekend’s fun. Dealing with an idiot who think’s he’s a genius because he runs a paysite.

Onto better things than more fodder for why competency and IQ tests should be mandatory to use the internet…

8BitFM! OMG OMG OMG! I love this website. From everything I have gathered, it’s brand spanking new. I ran across them on an ad on Facebook the other night and have been in love since. Imagine a radio station that plays all your old favorites from Mario, Sonic, Megaman, add in some Remixes and Nerdcore and VOILA! You have the key to immortality… er, entertainment So spread the word people!

While surfing 8bitFM, I came across yet another ad (funny, I don’t ever remember paying attention to these things before…) and found what I feel is one of the greatest products of the millenium: Tentacle Grape Soda! You read right. Tentacle Grape.  Even the description on the About page sounds dirty:

“Each bottle of this delicious carbonated grape drink is crafted with care… and a slight feeling of breathless anticipation. As Tentacle Grape™ slides smoothly down your throat you’ll feel refreshed and full.”

Ahh… good on them for coming up with an ingenius way to use Tentacle Rape to their advantage! Oh, but that’s not the best part. There is even a recipes page that lists different ways to use Tentacle Grape, such as the JAPANESE SCHOOLGIRL and HORNY SPACE MONSTER.

But porn isn’t the only issue with allowing your kids to have their own computers in their rooms, or accessable when you aren’t around to at least peek over their shoulders every once in a while. Don’t get me wrong. I’m not saying you shouldn’t let your kids hang out on sites and forums. Just encouraging you to pay attention to what they are saying and doing. Believe it or not, this generation of teens and tweens can completely demolish their standings at school or in social groups, just by their behavior on the net.

Some seem to think that the internet is still “anonymous”, but it’s really not. On sites like myspace and facebook, everyone is encouraged to socialize with people that they already know. This itself makes for a bit of an issue, when your kid thinks it’s ok to start talking about how they are dating some 30 year old man, when they are only 14 or 15 themselves. Rumors spread, stories evolve and next thing you know, you are getting a call from the school about how your child got into a fight because of someone calling them a name or worse.

We should all do our part in raising our own kids. It’s no one’s job but your own. Giving them their own completely unsupervised access to the net is no different than handing them the keys to the car without a license. You need to make it very clear what kind of behavior you expect from them, and take appropriate action when they prove to be otherwise.

Now, I’m not telling you to install some sort of spy software on their pc, but you do need to have some sort of open lines of communication. I remember when I was a teen, I couldn’t say 5 words to my mom openly, without fear of some sort of retribution no matter what the conversation topic was.

On the other hand, if you are worried, maybe you do need to pay attention to what sites they are visiting, see what posts they make on forums, etc. They are your children after all and if an office can do it, I see no problems in keeping tabs on your kids.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Now, onto things that don’t cause me to spaz my retard alert…

OMG Rockband 2. Rockband 2 OMG. I love this game. I spent probably $250 on it total, thus far. There’s just too many good goddamn downloadable songs! And there’s at least $50 more that I want, but I am going to be good and not get them for a few weeks. Might as well perfect the ones I have.

Onto the Wii…

It’s been said 1000 times that the Wii isn’t in the next-gen console wars. I have to agree. It’s in a standalone competition by itself.

Nintendo is always up for the challange of being different, and succeeding every time. My only real complaints are due to the fact that if you are playing a precision game, it can become quite difficult.

I started playing Trauma Center: Second Opinion. Best I can tell, it is a remake of the DS version of Trauma Center. Fun ass game on the DS, even though I got to a level that was absolutely unbeatable and never finished it, I still had a blast when I COULD play. Unfortunately, I’m a slightly shaky person, and because of that, some of the stuff that was simple and scoring me “A’s” on the ds, are scoring me a “C” … disappointing.

The actual decision on getting the Wii though, was for the emulator and gamecube compatability. I mean, had we went out and bought all of the systems it actually supports, we’d have spent WELL over what the Wii costs.

I don’t know about you, but I loved quite a few Gamecube games, and am quite pleased that I will finally get to play Baten Kaitos. (It was my white whale. When I COULD find it, it was damaged, but finding it was rare indeed.) And I will also get to beat BOTH Paper Mario games.

Also, the Wii is going to be my new Workout machine. Instead of spending thousands on a workout thingy just for it to take up gobs of space in my already limited bubble, I put money down on Wii Fitness (not to be confused w/ the $90 Wii Fit). It doesn’t come out till May, but goddammit, I am GOING to use this thing to get in shape.

So there you have it. Yes, the Wii is pretty nifty in it’s own right, but is it in direct competition with Sony and Microsoft? Not a chance. It appeals to a totally different audience even.

The Wii targets families, kids and casual gamers, and whereas the 360 and ps3 wouldn’t mind having a slice of that pie, they just can’t justify coming out w/ games that are essentially Tamagatichi’s for kittens/puppies/horses/whatever.