Hacker News new | ask | show | jobs
by yeahdef 1924 days ago
i wonder if anyone owns the rights to the name "flipper" from the TV show. could potentially be argued that it's IP theft.
2 comments

> owns the rights to the name "flipper"

What rights do you imagine grant ownership of the word "flipper" exactly? I believe there's only four IP rights granted in US; Trade/Service mark, Patent, Copyright and Trade Secret? Which of those could possibly prevent a electronic device have same name as a TV Show?

...let's say instead of a dolphin named flipper, the character / avatar on the product was a plumber with a big mustache named "Mario". You're telling me Nintendo isn't filing a C&D?
Trademarks don't work that way. You don't get to own all uses of a word, only a word in a particular field (like the use of "Flipper" in names for TV shows).
Yeah, except this isn't just the word "Flipper". Its the word Flipper with a dolphin avatar.

To a IP judge this is a product thats marketed as a "Tamagochi-like device with a dolphin called Flipper". Its not even a hard stretch to say that this would confuse an unsavvy consumer who might think this devices was a "Flipper the Dolphin Tamagochi".

Is the show widely known enough for that to actually be confusing? I'd never heard of it until this comment thread.

Plus, uh, dolphins have flippers...