The following is an actual legal dispute. Like, for real.
July 12, 2017 11:24 AM   Subscribe

 
As a friggin' trademark attorney, I was worried that they were just going to go with the "hey that's our phrase" argument. But then they busted out the Canadian trademark registration certificate and listed all the products it covers. Don't know if they have a case, but well done boys.
posted by schoolgirl report at 11:38 AM on July 12 [15 favorites]


I'm not sure which is more ridiculous, two rappers copyrighting a catchphrase or a multinational soft drinks juggernaut just straight up using it without clearing the IP rights.

Oh wait no I do know which is more ridiculous.
posted by chavenet at 11:39 AM on July 12 [8 favorites]


Brilliant.

At the risk of derail, I'm hoping Bob Mueller is somewhere watching this right now and saying "challenge accepted" while sharpening his lyrics for laying criminal charges....
posted by inflatablekiwi at 11:43 AM on July 12 [5 favorites]


Y'no this is refreshing. Things go better with those Canadian guys.
posted by Oyéah at 11:57 AM on July 12 [1 favorite]


The trademark registration is interesting, but also potentially attackable if he's not actually using the mark in commerce on the products listed, and in particular, on the kind of products Coke is using it on.

According to the Ceeb, the argument is based on the shared use for online music. It seems a bit questionable to me whether simply having a song called that is using it in commerce in online music and whether the fact that Coke is also running an online music promotion means using the phrase on their beverage bottles is using it in commerce related to online music.
posted by jacquilynne at 12:09 PM on July 12


The original song
posted by Clustercuss at 12:19 PM on July 12


Reason #121 of why I love living in this city. This is brilliant. And a Queen's Law '06 grad for a lawyer too!
posted by Kitteh at 12:22 PM on July 12


It seems a bit questionable to me whether simply having a song called that is using it in commerce in online music and whether the fact that Coke is also running an online music promotion means using the phrase on their beverage bottles is using it in commerce related to online music.
posted by jacquilynne at 3:09 PM on July 12
[+]


I can't speak to the first part but I can to the second, as I have one of the Coke bottles from this series in front of me as I write. Above the slogan is this banner: "Play this Coke with the Play a Coke app". There's also a Spotify logo to the lower left of the label.

Given that Out for a Rip is a well-known song and the bottle is inviting me to "Play this Coke", I'd suggest there is a pretty clear connection between the use of the phrase and Coke's commercial online music activities.
posted by ZaphodB at 12:29 PM on July 12 [4 favorites]


As a matter of fact, in addition to my Out for a Rip bottle of Coke, the other bottle I picked up this morning is labelled Lazy Sunday - a common phrase, for sure, but also the title of another internet-famous song.
posted by ZaphodB at 12:51 PM on July 12 [2 favorites]


If coke was smart they'd give him the exact list of what he asked for, which would probably be cheaper than even engaging their lawyers on a losing legal battle. If they did it right they could get some positive PR out of it, and if they are ninja about it, make the settlement into a youtube video that goes viral.

But I imagine they'll take the asshole route on the thing and fight him on this.
posted by el io at 12:58 PM on July 12 [9 favorites]


I had never hearda this feller before, but my, did I discover to my surprise that I enjoy rap with an Ontarian accent.
posted by jgooden at 1:05 PM on July 12 [1 favorite]


But I imagine they'll take the asshole route on the thing and fight him on this

Or it's all part of some long game viral ad campaign for Coke and we'll hate ourselves for falling for it.
posted by chavenet at 1:24 PM on July 12 [1 favorite]


Or it's all part of some long game viral ad campaign for Coke and we'll hate ourselves for falling for it.

I don't know any of the players involved personally, but B. Rich is a bit of a musical institution in Kingston, and it seems vanishingly unlikely that he's in the pocket of Big Cola. The lawyer in the video is also actually a practicing trademark lawyer, so double unlikely that he'd put his name out there as part of this if it's a marketing stunt.
posted by Shepherd at 1:41 PM on July 12 [1 favorite]


I'm not sure which is more ridiculous, two rappers copyrighting a catchphrase

Trademarking. Under Canadian law, the song containing the catchphrase was protected by copyright the moment the work was created.
posted by radwolf76 at 2:08 PM on July 12 [4 favorites]


This is great except now I'm talking like him.
posted by LobsterMitten at 2:16 PM on July 12 [1 favorite]


I always feel a bit conflicted when B Rich (or Letterkenny) shows up on Metafilter. This is my exact accent, and these videos are a terrifyingly accurate portrayal of my experience growing up.

I think they're hilarious, but I can never tell what the laughing-with/laughing-at ratio is in the population at large.
posted by 256 at 2:37 PM on July 12 [7 favorites]




IAAC/2ndgen/F/Nonrural/Nonteamsportsperson/Noncrowdperson

Until not that long ago, I'd only really heard this accent come out of groups of drunk sports fans descending on the TTC in sometimes frightening hordes (exposure bias :/). I did not enjoy it as part of mass hockey-related upset or glory. It's endearing like this, however. (And, when it's coming out of one person at a time. It's so male, though, I've never heard a woman talk this way, at least that's my association.)

I think they're hilarious, but I can never tell what the laughing-with/laughing-at ratio is in the population at large.

Hard to laugh totally with (just because, have no experience with "darts" or snowmobiles), but not laughing at, either. Seems like a bunch of likeable people having fun.
posted by cotton dress sock at 9:41 PM on July 12


The females with this accent are at the local roller derby rink.
posted by mannequito at 9:43 AM on July 13


Above the slogan is this banner: "Play this Coke with the Play a Coke app". There's also a Spotify logo to the lower left of the label.

The youtube video description also (now?) alleges that this takes you to a playlist that doesn't actually include the song, Out for a Rip.
posted by cdefgfeadgagfe at 4:45 PM on July 15


« Older "If I do less next year, that's OK by me."   |   The taste of grief Newer »


This thread has been archived and is closed to new comments