FuglyDuck comments on Christian metal band sues netflix because google won't show them anymore.

[–] FuglyDuck@lemmy.world 0 points 2 months ago (2 children)

No. I didn’t because I have better things to do.

But no, they still haven’t shown trademark infringement. You’re really going to tell me that the metal band lost measurable business because some idiot on the internment couldn’t tell the difference between a kpop musical on Netflix and their metal band.

all because they were either to cheap to pay for SEO or so crappy that paying for SEO still doesn’t matter. (Bet: the settlement includes SEO.)

Sorry. No. That’s not trademark infringement. It’d be like McDonald’s Plumbing suing McDonald’s burgers.

Guess what- these things happen, and they’d have to show that that the decision was intentional and malicious, when the people making the decision probably didn’t even know the metal band existed. That’s not going to happen.

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[–] lps2@lemmy.ml 2 points 2 months ago* (1 child)

Again, please read the article. The more apt comparison would be if McDonald's Plumbing started selling and marketing burgers. This is a pretty straightforward case and will likely be settled for a sum that can be found in Netflix's/AEG's couch cushions. Also, "maliciousness" is not a factor in determining trademark infringement.

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[–] FuglyDuck@lemmy.world 1 point 2 months ago* (last edited 2 months ago)

No it wouldn't.

Again. Please try and understand what I'm saying.

The differences in other branding are sufficient that no one looking at the webpages or whatever they clicked on would be confused. There's not a likely chance that someone is going to confuse Demon Hunter the Metal Band with KPop Demon Hunter the Anime. And even if they did click the wrong link there's no real harm. All it really means is that whoever took the wrong link hop needs to work on their google-foo.

I mean. really. look at the difference in branding:

Vs:

The concept of "Demon Hunter" as a thing is something that's common enough that it's going to bump into other brands. It's not like they went after the 2005 movie "Demon Hunter"

and while things may have fallen through the cracks, but when you apply for a trademark the USPTO searches their database to verify that there's nothing already trademarked that you might be infringing on. given that netflix has a trademark, that search happened in some form and they decided it was acceptable.

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