Leaf v. Panini - Battle of the PRISMatic.

[Bob Loblaw]

This is pretty silly. Can't we all just get along? Besides, any shiny Chrome-like card is just a "Refractor" to me. I've got Bowman Chrome Refractors, Leaf Refractors, and Prizm Refractors. And I'll continue to call them all Refractors. Don't like it? Sue me.

Be careful what you wish for..

 

[DaClyde]

I think the term Prisgasmic is still up for grabs! You're welcome.

 

[Leaf]

For what it's worth, Leaf Trading Cards does not have even an application in for a trademark on Prism or Prismatic according to the USPTO's site. They currently have five trademarks filed. I guess it's just the business model to dig up dead names rather than invent something new. All five filings are on established names in the hobby that went defunct at one point or another.

There is an official database of trademarks : Trademark Electronic Search System (TESS)

Unrelated to this case, you do not have to register the trademark for it to be valid..
BG

 

[Leaf]

Could it be that Brian just really wants Panini to buy out Leaf completely?

I can assure you that we have no plans to sell, despite overtures that have been made to us over the last 2 years.
BG

 

[Leaf]

This is pretty silly. Can't we all just get along? Besides, any shiny Chrome-like card is just a "Refractor" to me. I've got Bowman Chrome Refractors, Leaf Refractors, and Prizm Refractors. And I'll continue to call them all Refractors. Don't like it? Sue me.

Since it doesnt relate to my case, I actually think "Refractor" is the descriptive term that describes Topp's parallel... if so, Topps' trademark could be at risk?
BG

 

[Ty Hope]

Seriously people, do you really care what they're called? Everyone calls them refractors. Both for Leaf and Panini. This won't change.

When's the last time you went to the shop and someone said, "hey check out this blue prismatic I pulled!"

 

[Bob Loblaw]

Which is exactly why I think the case loses, Ty, if the hobby is accurately reflected at trial, should it get that far.

No one uses the term "prismatic".


Edit: FOrgot about this thread. Hmmmmmm.

http://www.freedomcardboard.com/for...1-bg-buying-back-damian-lillard-prizm-rc.html

 

[cmnkb8]

Since it doesnt relate to my case, I actually think "Refractor" is the descriptive term that describes Topp's parallel... if so, Topps' trademark could be at risk?
BG

Refractor may be trademarked, but many people I know share my sentiment and just call any shiny card a "Refractor". This is particularly true for Panini Prizm Prizms (funny that Panini couldn't think of a different name for the parallel....but I digress). Run a search for Panini Prizm Refractor on ebay (-box -pack -case), and you get over 2500 results under cards. Panini Prizm Prizms has under 500 results.

 

[VandyDan]

Since it doesnt relate to my case, I actually think "Refractor" is the descriptive term that describes Topp's parallel... if so, Topps' trademark could be at risk?
BG

How pyrrhic do you like your victories? If refractor is (and it probably is), undoubtedly Prismatic/prism is. However, unlike 'prismatic', Topps could establish the secondary meaning necessary to succeed, whereas you would seem to have a harder time (as in, more people associate 'refractor' with Topps than associate "prismatic" with leaf.

 

[Bob Loblaw]

Refractor may be trademarked, but many people I know share my sentiment and just call any shiny card a "Refractor". This is particularly true for Panini Prizm Prizms (funny that Panini couldn't think of a different name for the parallel....but I digress). Run a search for Panini Prizm Refractor on ebay (-box -pack -case), and you get over 2500 results under cards. Panini Prizm Prizms has under 500 results.

Reading the complaint, it appears as though the Prizms were going to be called Prizmatics, but received notice from Leaf and (smartly) renamed their version of refractors.

 

[Card Magnet]

Unrelated to this case, you do not have to register the trademark for it to be valid..
BG

I would think it would really help if you're trying to say you own the exclusive rights to an adjective found in the dictionary that describes an effect found across multiple brands and products. It seems like fair game until somebody buys the rights.

To me, who of course is just John Q. ******* and not Smartass, Attorney at Law, it's like Kodak suing Canon claiming they have the exclusive right to call their photo paper "Glossy".

 

[Bob Loblaw]

Leaf vs Panini

A second site for the pdf of the suit, still missing page 12 though.

 

[cmnkb8]

Reading the complaint, it appears as though the Prizms were going to be called Prizmatics, but received notice from Leaf and (smartly) renamed their version of refractors.

I see. Still, there are other names to use. Maybe Prizm Brilliance, or even Prizm Rainbow would've been better than Prizm Prizms.

 

[mjbuchanan80]

Unrelated to this case, you do not have to register the trademark for it to be valid..
BG

You stated that they are in violation of using Prizm as a shortened version of Prismatic, but doesn't it have to be a registered trademark to use the "shortening" stance you are taking?

 

[cgilmo]

You stated that they are in violation of using Prizm as a shortened version of Prismatic, but doesn't it have to be a registered trademark to use the "shortening" stance you are taking?

No

 

[notjomommasclint]

White dudes.. White dudes be suing.

So just so I understand.. You are suing a company over their wording in a popular product which is similar to wording in your popular product which features art work that is extremely similar to artwork they used on a historically popular set and in reality could be suing a card company over a product that you very well could be buying on the secondary market while the lawsuit is ongoing and include in your best of product line?

Jesus XXXX that's the most awesome thing I've ever written.

 

[uniquebaseballcards]

Anyone else think this will never go to court and is just another attention grab?

 

[All The Hype]

Here's a novel idea for Leaf, instead of constantly threatening libel suits against internet message board members and filing hopeless lawsuits against competitors, why not focus your time and effort on making a card product that's actually worth a damn?

 

[mjbuchanan80]

Here's a novel idea for Leaf, instead of constantly threatening libel suits against internet message board members and filing hopeless lawsuits against competitors, why not focus your time and effort on making a card product that's actually worth a damn?

Well...there's always that.

 

[wickedliquids]

The only thing that matters to me is that quality product is produced, by ALL manufacturers. I could careless about the "shiny" aesthetics of a card; if a card is memorable and can tell a good story in it's own right, then I'm interested. It could be as dull as the cardstock that Heritage is printed on, or blindingly blingy (I just made that up, I need to trademark that..."Blindingly Blingy"), as a Superfractor, Iced Prism, Prismatic, or whatever. The card just needs to tell a good story.


If you can part with a card, then it has no meaning for you (other than for $$$). But if you CAN'T part with a card, then you truly have a unique item that is all your own.