Comments on: If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants https://blog.ericgoldman.org/archives/2022/10/if-the-word-emoji-is-a-protectable-trademark-what-happens-next-emoji-gmbh-v-schedule-a-defendants.htm Sat, 18 Mar 2023 20:26:00 +0000 hourly 1 By: Isabella Roy https://blog.ericgoldman.org/archives/2022/10/if-the-word-emoji-is-a-protectable-trademark-what-happens-next-emoji-gmbh-v-schedule-a-defendants.htm#comment-3823 Sat, 18 Mar 2023 20:26:00 +0000 https://blog.ericgoldman.org/?p=24549#comment-3823 In reply to Eric Goldman.

You are truly God sent Mr. Goldman! Everything mentioned in the analysis is relevant, and should be rightfully implemented. I sincerely hope your efforts will bring to fruition amendments that will prevent future improper IP enforcements and rip-offs from unscrupulous IP owners.

]]> By: Eric Goldman https://blog.ericgoldman.org/archives/2022/10/if-the-word-emoji-is-a-protectable-trademark-what-happens-next-emoji-gmbh-v-schedule-a-defendants.htm#comment-3822 Sat, 18 Mar 2023 00:35:00 +0000 https://blog.ericgoldman.org/?p=24549#comment-3822 In reply to Isabella Roy.

I have put together a more formal analysis of this phenomenon https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4381824

]]> By: Isabella Roy https://blog.ericgoldman.org/archives/2022/10/if-the-word-emoji-is-a-protectable-trademark-what-happens-next-emoji-gmbh-v-schedule-a-defendants.htm#comment-3821 Fri, 17 Mar 2023 18:35:00 +0000 https://blog.ericgoldman.org/?p=24549#comment-3821 Emoji Gmbh is a greedy company with an ulterior motive to “steal” from small business owners. I have pleaded with Emoji’s lawyers showing them proof that I did not use their emoticons, just the word “emoji” to describe the design on my item which looked nothing like any of their emojis! Citing fair use with them in my defence and even offering to appear in court, was to no avail. They told me judgment had been passed and took everything that was in my amazon account.

Frustrated and sad at how the US Judicial System handled this case, (and considering my hypertension and age – I was 62 at that time) I just closed my account at amazon.com. I hold a US Trade Mark, which I consider a wasted investment.

Thank you for this blog post, it helped ease my frustration and anxiety!

]]> By: Michael La Porte https://blog.ericgoldman.org/archives/2022/10/if-the-word-emoji-is-a-protectable-trademark-what-happens-next-emoji-gmbh-v-schedule-a-defendants.htm#comment-3479 Mon, 31 Oct 2022 17:48:00 +0000 https://blog.ericgoldman.org/?p=24549#comment-3479 They will collect. Unless this “Schedule A” differs from most, they will have frozen the accounts of all defendants. Upon default, they will then simply take that money in the frozen accounts. This litigation model feels a LOT like theft.

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