8.06.2008

He Hates Us For Our Freedom - Blog Under Attack!

From the email bag (and I am not making this up):

Barry, Your blog has come to our attention, and we have concerns about your use of our trademarks in your heading. American Dairy Queen Corporation (ADQ) is the owner of the federally registered marks Dairy Queen and the ellipse shaped logo. These trademarks are very important and valuable assets within the Dairy Queen system. You are using our marks in a way that may lead some to believe there is an association or endorsement or similar arrangement with our company. We are flattered that you had Dairy Queen in mind when creating your site, but we do have a responsibility to limit and control the use of these trademarks. As an author, we hope you will understand our situation and respect the intellectual property owned by another. We request that you remove these two marks from your blog. Please feel free to contact me with any questions. Thank you.

Sincerely,

AMERICAN DAIRY QUEEN CORPORATION 
 O. Michael Rinke President and Assistant General Counsel
952/***-**** 
952/***-**** (Fax)

I'm probably responsible for more free advertising and the sale of more Hungr' Busters (which is probably a registered trademark) than any guy in the history of Dairy Queen. And this is the thanks I get? Would O. Michael Rinke rather me go on an anti-Dairy Queen rant every single day (which, the last time I checked, would be protected speech under one of those amendment thingies to the U.S. Constitution?) It's a dark day in the America, folks. I've called an emergency meeting with myself at 7:00 a.m. tomorrow morning to discuss this matter with myself. But I can see a landmark U.S. Supreme Court case coming: American Dairy Queen Corporation v. Liberally Lean From The Land Of Dairy Queen. I'm even working on my oral argument: "Over? Did you say 'over'? Nothing is over until we decide it is! Was it over when the Germans bombed Pearl Harbor? Hell no! But I'm not gonna stand here and let O. Michael Rinke bad mouth the United States of America!" (But that may be the nicest "lawyer letter" I've ever received.)

81 comments:

Anonymous said...

And I wonder how ADQ knew about your famous blog? Think any locals tipped them off?

That just ain't right.

Change it to an oval and call it hairy queen.

Anonymous said...

Barry,
If you give in, the terrorists win.
Stay hard. You have always been our DQ Dude.

Anonymous said...

O. Michael Rinke?

Osama Michael Rinke?

PHE said...

The jig is up, bru. Place the logo on the ground and take two steps back.

I guess its not that surprising. Mind-numbing, petty, and a giant time-waste, but not surprising.

Trying to bully them or going scorched-earth probably won't work, but you already know that. I'd try grovelling, but I have no self-respect.

Good luck, Barry. I'm with you, whichever path you choose.

Anonymous said...

I wonder who owns the square, circle and triangle.

-Brought to you by the letter B

Pseudonym said...

switch to golden arches...I don't think anyone has used them before.

Anonymous said...

Sorry, Barry, because I think your blog is awesome, but the Germans did not bomb Pearl Harbor. That was the Japanese on December 7, 1941.

Anonymous said...

"Germans?"
"He's on a roll"
Wise up 11:03 and learn about the Blutarsky

And this lawyer dude must think he's J. Noble Daggett

Double Fake Dean Vernon Werner

Anonymous said...

Sorry, my bad - it's Wormer, not Werner

hatedq said...

i think i probably know who told on you.

Anonymous said...

According to Obammy, only one bomb fell on Pearl Harbor. Keep your tires inflated and visit all 57 states with the money you save on gas. I inflated my tires to their correct pressure and saved so much gas that I had to stop and let some out of my gas tank. This man is a genius. I wonder why scientists didn't think of this. Where was B. Hussein while Jimmy Carter was pretending to be president?

wordkyle said...

It will be interesting to see how you handle this. How far are you willing to go?

The media could be your best friend.

Good luck.

Anonymous said...

The liberal lawyer gets called on copyright infringement? Does no one else see the irony in this (or some would call it Karma, poetic justice)?

Anonymous said...

Just ignore them. When they finally (3 yrs from now) drag you into court just give them all of the money you have made from the illegal use of their name (about none, I would guess) and their lawyers will become your new best buds. In the neantime I will boycott Dairy Queen on your behalf, although I never eat there anyway. I don't think they serve asparagus.

Anonymous said...

Is there no honor among thieves anymore? Oh the humanity!

Anonymous said...

What in the Wild,World of Sports is going on here?
Nancy Pelosi turns the lights off on the House floor, orders C-Span to cut their cameras off, refuses to discuss an Energy Bill with the Republicans, average Joes are being allowed on the House floor (their house Floor, is the "people's" house floor that our taxes pay for), Pelosi wants to go on her vacation and not discuss the energy bill when a majority of Americans could not afford a vacation this summer due to energy prices and she talks about bringing integrity back to Washington then, Barry is getting sued over a trademark issue, oh my Alfalfa, I can't take the pressure, oh Alfalfa, what are we to do? Oh stimy it Darla, let me handle this!!

Anonymous said...

hey i am the fat guy in the speedo we need to talk. i could get the dairy queen logo tattoo'ed on my belly.

martha stewart in overalls said...

He might choke artie but he can't choke me.

Anonymous said...

How about "Liberally Lean In A Country Where Dairy Queen's Lawyers are Mean". Maybe use a bullseye.

Anonymous said...

Oh well, Barry, you are a very creative guy with the best blog around. Just get more creative with your banner. Frankly, I've seen the courthouse so much in the Messenger graphics and Decatur's too(who think they own it)

But I hope you win on this one. The Dairy Queen folks should be flattered.

Speedo man too! You have made that guy famous!

N/A said...

I've never blogged, or signed up to comment, even though I was in band with you a long time ago and have been reading this scatterstuff for years (Barry played the trumpet folks)! Barry Green, Dairy Queen; did you realize the rhyme? Probably this had some subliminal meaning with your choice of trademarks. This lawyer legaleeze letter got my gander up! Did DQ get upset with Larry McMurtry when his character ""Sonny," and all his buds Cybill and Bogdanovich made the chain a good ol' boys infamous hangout way back when? If I was you Barry, (and of course I ain't), I'd locate Larry's email address and share this blog with him! I'm betting he'd have some real input about "intellectual property" theft! And wouldn't it be nice to have such an intellectual contributing? NOT to insinuate the blog is lacking intellectuals of course!

Anonymous said...

you must cease and desist now..or else..!!

mzchief said...

To Barry...
Since "American Dairy Queen Corporation (ADQ) is the owner of the federally registered marks Dairy Queen and the ellipse shaped logo.", you might want to consider changing the red ellipse to a pair of big red lips (as in kiss it, bitches) and alter the spelling of Dairy Queen to "Dairy Qween"

Perhaps, DQ got pissed when one of their head honchos Googled "Dairy Queen Wise County" and The Blog and The Mess are the only listings on the first page of Google finds.

If you REALLY want to screw with the big boys at DQ, daily, post a blurb listing the "Nutritional Content" of some item of the artery clogging, fat laden garbage they sell at DQ with the explanation that is one reason you refuse to eat at DQ.

Anonymous said...

Or you could barter for a lifetime supply of buffalo burgers.

Double fake Hollis Jones

Anonymous said...

Is the "Hammer" a client of yours ?

Double Fake Corby

Anonymous said...

If you change it, I'm not going to read this blog again! If I can't have my in the land of Dairy Queen blog where I find out what is going on in Wise County, I don't have freedom! Screw the red lips...give me my rights.

We will go before the Supreme Court and testify!

We will not eat or drink anything at a Dairy Queen until they resend the letter.

And that includes not giving up a blizzard on my trips to Midland stopping at the one in Abilene!

Tell that to their attorney or get his email address so we can fill his email box up!

Anonymous said...

I say, "Cry havoc, and let loose the dogs of war"!

Double Fake "Bill" Shakespeare

Anonymous said...

Wow, the DQ folks are a bit assholelistic over your blog!

The crew at Sonic

Anonymous said...

or you could respect the fact that they own that logo and pay for it. just like a cd.

Anonymous said...

BG, you are now fighting the man. Warran Buffet aka Berkshire Hathaway owns DQ.

Call Cousin Jimmy and see if he will call Warren and find out if there is a middle ground. Say, you give him Alroid and Rhome for the rights to the DQ logo.

Go get em tiger, let us know if you need more expert advice.

Anonymous said...

why don't we have a name this blog contest..!!

Anonymous said...

i know, we could call it "STEAK & ALE LAND OF THE PALE"..!! isn't that name available..??

Andria said...

My guess is that if all of the readers of this blog who regularly eat at one of their fine establishments were to boycott because of their snarky letter to you - well, then they'd be facing a catastrophic dip in their sales now wouldn't they? To do my part, I will forego Dilly Bars. It will be a struggle.

Anonymous said...

BG, as an attorney, you know better than anyone about copyright infringement. Right or wrong regarding this blog, they do own the name's copyright and you've been using their name in your blog title. This is not unusual, and most well known and large corporations have people in their corporate offices searching the net for copyright infringements of their registered corporate trademark name, nationally and internationally. Consider yourself caught! Hey, that letter from their attorney was very nice compared to the same kind of letters some of my corporate clients have sent out on the same type of matter in past years.

Wonder how long and how much aggravation it took until Hollis got their DQ corporate lawyer to send out that letter.

This begs the question though, are you REALLY using the DQ logo and defying a copyright or are you just stating a fact of life with this blog title? After all, Texas is "The land of Dairy Queen"! Good thing you're a lawyer and will be able to figure that one out.

gern blansten said...

Here's what I think:

I think the good people of WC ought to implement a boycott and MARCH ON DAIRY QUEEN IN DECATUR. Call the news stations and other media, and make uop signs that say "DAIRY MEAN", "WE WANT OUR LOGO BACK" and "BARRY'S NO FAIRY! BRING IT ON, DQ"

Say Barry, you think you could get that Lori Barager girl over to vcover it?
Just sayin'...

Anonymous said...

So how did the emergency meeting go? I say tell them to kiss your ass you arent giving them a bad name. If they end up making you change it then you should post bad stuff about them every day!

Anonymous said...

BG..nobody can tell you what you can post on the internets..this could well become a presedent setting landmark case, you could actually go all the way to SCOTUS with this one..!!

Anonymous said...

alright mr green that's it we've had it..we are only going to give you 1 (ONE) year to comply with our letter..or else..!!!!!!!! DOUBLE FAKE H. BUSTER BICHIENSTEIN ATTY..NYC NY

Anonymous said...

i knew a guy bout 25 yrs ago who had a co. named elk something..so he actually traced the elk pic right out of the phone for his company...about one month later just after he had all of his logos printed..guess what..?? he gets a cease and desist letter from The Hartford Insurance LAWYERS threatening to ruin more than just his day, this scared the shit right out of him and within 24 hrs that elk was never seen again..that was in the old slow-tech days, i can't believe they've let you go this long..!!

RPM said...

I smell a Mark Cubanesque bit in the works. Call Lori Barager, put on a speedo and go make some peanut parfaits on tv.

atvtrlrdr said...

Gern 9:06, that was funny.

I say your readers could fill up the email in-box with the sentiment that this is the land of Dairy Queen, fact.

Of course his spam filter would catch it all and probably not bother him at all.

We've got to find a way to strike fear in ADQ Corp.

Anonymous said...

Don't back down BG. Keep your header and your name.

Did I mention that DQ's Dipped Cones are my favorite?!

Anonymous said...

Dang, this DQ business is gonna get as controversial as Chicken Express and the Hillary breast, thigh thing.

Hang in there Barry!

Anonymous said...

He hates you for copyright enfringement. I would think a first year law student who has just learned billable hours would know that CE is against the law. You lawyuhs crack me up.

Anonymous said...

i swear to god yo honor, it ain't never gone happen again..!!!!

Anonymous said...

"We have only begun to fight"!

Double Fake John Paul Jones

Anonymous said...

So what is it with that stupid flowing turkey baster on the lefthand side of news items on channel 5 that has just started showing up?
They must have paid a fortune for that graphic?

Crud Bonemeal said...

Busted!
I always wondered how you got away with that.

Anonymous said...

BG...If this thing goes to trial, I suggest you employ the services of Vinny Gambini as your defense counsel and call Mona Lisa Veto as an expert witness....

Anonymous said...

"I phart in your general direction!"

Double Fake the French guy on the top of the fort wall in the Monty Python movie The Holy Grail

Anonymous said...

I've noticed a huge increase in people using the new restroom which I feel is in part due to the food and secondly the amount of advertising you gave it or somethin.

Anonymous said...

Barry,You can always consult with Race horse Haynes

Anonymous said...

Me likes some Lori Barager.
Get het here to cover the story and mass demonstrations. I can take her to our upscale Frilly's and wine and dine her.
She is HAWT!!!!!!!!!!!!!!!

Anonymous said...

sometimes BG is setting there at the defense table looking like he's really grinding away on his laptop, working for justice..when actually he's looking for hey now..!!!

Denney Crane said...

They could never prove that anything on this blog is "intellectual" property.

But I could be wrong...

Denney Crane said...

Wiberwy Weft Fwum the Wand of Daiwee Queen...

or Fairy Queen... who knows...

Anonymous said...

Remember when then formerly known as Catfish Charlies had to change their name because of...

you know what I'm sayin

Anonymous said...

tomorrow will be forever remembered as 888.....the day the stock market crashed..!!!

Anonymous said...

I TOLD!!! I AM SORRY

Anonymous said...

12 21 12 will forever be the day no one remembers cuz there won't be anyone left to remember anything.

Anonymous said...

Hold out til November Barry! BHO can get this CHANGED too. And besides,when he's running the show, by comparison, you won't be liberal any more. Then you can change the name to "Swung To The Right Since Kid Dyno Mite!"

Anonymous said...

we sure hope you will allow us to see your response to ADQ..we all have a vested interest in the outcome of this case. we shall persevere..!!

House of R and R said...

"I'm probably responsible for more free advertising and the sale of more Hungr' Busters (which is probably a registered trademark) than any guy in the history of Dairy Queen. And this is the thanks I get?"

You poor poor baby. No appreciation at all. Not even a burger named after you or an intenna ball in your likeness. Shame on them.

I can't take the credit but, I will LOL at my co-worker who made a comment that you could rename your blog "Liberally Lean From The Land of The Dairy Princess".

Anonymous said...

How about "Liberally Lean from Barry The Queen"

Anonymous said...

like someone else said BG, dairy queen can not own a shape. and seriously, they find it 'flattering' that you are giving them free advertising?

but thr real question is, if they persue a lawsuit with you, what the hell do they expect to get from you? your iPhone? seriously. they should just apoligize and let you keep advertising their business for free. who gives a shit about copyrights. you've got unalienable rights!

Anonymous said...

You could always do a anti DQ site.
Look at what one ex railroader did with CSX-Sucks.com

Anonymous said...

I can assure you that anyone associated with the decatur dairy queen had nothing to do with this.

Anonymous said...

Could Barry be.....
THE DAIRY QUEEN.....?

Fellow Counselor said...

How many movie references have been made in this post?
True Grit
Blazing Saddles
Last Picture Show
My Vousin Vinny
Monty Python...
Miss any?


By the way...If my logo was posted with the liberal stuff on here I would have sent that letter a long time ago.

Todd Carruth said...

I've decided to sue myself for using my name in the my blog.

Anonymous said...

LET THIS MADNESS END..SOON..!!

Anonymous said...

If Osama Rinke is the "president" why is he only an "assistant" general counsel? I'd give myself a better job if I was king. It looks like they sent a flunky after you. You should feel demeaned.

Anonymous said...

Since it is still on the blog site, Hopefully ADG will sue the hell out of you. You have been warned.....nicely.

Anonymous said...

Speaking of lawyer letters, I'm dying to know what John Bradley said in an email that made you retreat on this issue? Please tell!

Anonymous said...

I always wanted to slam my hand down on a table in a courtroom and say,"If I was HALF the man I was five years ago, I'd take a FLAMETHROWER to this place" but, then I'd be admitting to being half the man I was five years ago, so I just meekly say,"Yes sir." and bend over.

Anonymous said...

That's the most retarded thing I've read all day.

Commenter #1 nailed it.

I'd augment that with the alternate title, Or Why Dairy Queen Sucks and every Monday have a guest post for the worst experience at DQ.

There's 71 comments here, if everyone did a raunchy comment on DQ those pin heads might think a little differently when they started showing up in search results.

Anonymous said...

Oddly and hoestly enough, I had not been to Dairy Queen for years until reading this site reminded me they are even here.

We had to check out those new restrooms.

Anonymous said...

8:35 said - or you could respect the fact that they own that logo and pay for it. just like a cd.

It's not the same. If I copy a cd that I would have normally paid for, that takes money away from whomever, but if I put the DQ logo on my website, that's taking nothing away from DQ.

Anonymous said...

Uh, 6:25 you overlooked the first and most obvious movie reference. It was quoted by Barry in the original post. Actually he mashed up dialogue from two different scenes. The Bluto "Germans" speech and the Otter disciplinary hearing speech. (Referring, of course, to the classic - Animal House!)
Personally, I think ADQ doesn't have a problem with using their name or logo so much as having the word "lean" associated with their operation. Morgan Spurlock could do a documentary about DQ called "Super Thighs Me"

Anonymous said...

I guess you could be "Liberally Smart from WalMart"

Maybe they have too many law suits to care!

Anonymous said...

Trademark Infringement criteria

The elements for a successful trademark infringement claim have been well established under both federal and state case law. In a nutshell, a plaintiff in a trademark case has the burden of proving that the defendant's use of a mark has created a likelihood-of-confusion about the origin of the defendant's goods or services. To do this, the plaintiff should first show that it has developed a protectable trademark right in a trademark. The plaintiff then must show that the defendant is using a confusingly similar mark in such a way that it creates a likelihood of confusion, mistake and/or deception with the consuming public. The confusion created can be that the defendant's products are the same as that of the plaintiff, or that the defendant is somehow associated, affiliated, connected, approved, authorized or sponsored by plaintiff.

Turn off the grill Barry and put your burger flipper away. It seems that DQ thinks you're using their logo to sell more burgers than they. Sheesh!