TripAdvisor is calling on organizers of a “straight pride” parade next month in Boston to stop using their logo without permission — and having some fun in the process.
Dear Mr. Hugo,
I am writing on behalf of TripAdvisor LLC concerning Super Fun Happy America’s unauthorized use of TripAdvisor’s logo, as displayed on your website at superhappyfunamerica.com/2019/07/09/corporate-sponsors/. I’m Coming Out and saying this clearly: you are infringing upon TripAdvisor’s intellectual property rights. Further, your statement that you are “in negotiations” with TripAdvisor as a “potential sponsor” is completely false.
To be precise, your use of the TripAdvisor trademark and our Beautiful logo infringes TripAdvisor’s trademark and trade name rights. TripAdvisor’s trademarks are protected in many countries around the world and Over The Rainbow, including in the United States under Registration Nos. 2727627, 3171193, 4612678 and 4454774. We have become a well-known brand for our reviews of hotels, restaurants, experiences and even the occasional YMCA, but we weren’t Born This Way – we obtained that recognition through significant advertising and promotion since as early as 2000. As a result of the breadth of the services it provides and its widespread renown, TripAdvisor enjoys substantial rights in its mark and name.
Contrary to your claims, TripAdvisor is not “in negotiations” with your organization for sponsorship of its “Straight Pride Parade.” Similarly, we have not authorized you to use our name or logo in any way. You Need To Calm Down – you are not sponsored by, associated or affiliated with TripAdvisor in any way, and thus, your use of our marks could confuse the public as to an affiliation with TripAdvisor. These inaccurate statements, which I trust do not show your True Colors, infringe on TripAdvisor’s rights under the Lanham Act, and impinge upon our Freedom! to decide with what organizations we want to associate our brand. Have A Little Respect and remove those statements. TripAdvisor and I Will Survive without being associated with your event.
There is nothing Vogue or acceptable about making false claims about others merely to support your own cause. If I Could Turn Back Time, I would tell you not to use our name in the first place. But now that you have, TripAdvisor demands that you remove all uses of our name, mark and logo from your website (and anywhere else you might use it) within 24 hours and not use them again. In other words, Black Me Out with an “X” on the above webpage. You Make Me Feel (Mighty Real) disappointment that you thought this might be an acceptable way to do business.
TripAdvisor is willing to resolve this matter amicably, today, on the above terms. That said, if you Don’t Stop Me Now by taking the requisite actions, TripAdvisor reserves all rights to take whatever enforcement actions it deems appropriate, including – if necessary – taking legal action against Super Fun Happy America, its principals, affiliates, or those acting in concert with you. Finally, I likely am not Dancing On My Own here, as I suspect the above arguments apply to most or all of the companies listed on the above webpage.
Please know and Believe that we take this matter seriously and look forward to your prompt compliance.
Sincerely,
Bradford Young
Vice President, Associate General Counsel
My favorite part of the linked story is that this idiot used logos from a bunch of companies, claiming he was in negotiations with them to sponsor the “straight parade” and (shocker) this is not true.
Open thread
Sister Golden Bear
Netflix’s response, while not as fun, was definitely also on point:
mrmoshpotato
TripAdvisor’s lawyers had funs of ton with that letter.
Jay
https://www.google.ca/amp/s/itsgoingdown.org/this-week-in-fascism-13/amp/
?BillinGlendaleCA
Wow a lawyer with a sense of humor, can we get some of them here? //
Omnes Omnibus
@?BillinGlendaleCA: You just don’t understand our jokes. Probably for the best. Yes, fertile octogenarian jokes are a thing.
Jay
?BillinGlendaleCA
@Omnes Omnibus: You know, second rule of comedy…if you have to explain the joke it wasn’t funny in the first place.
Amir Khalid
So, Super Fun Happy America* don’t know that if you’re still negotiating with a company to sponsor your event, you don’t have a sponsorship agreement yet, or the authority under such an agreement to use the company’s logo in your event advertising. Methinks Super Fun Happy America are going to keep right on not knowing that until the process servers come a-knocking.
* This is the sort of organisation name a kindergartner would come up with, which probably explains much about SFHA.
mrmoshpotato
@Amir Khalid:
Possibly, but as a joke, and even then the kid’s classmates would relentlessly mock it for being so ridiculous.
HeartlandLiberal
My favorite line was the “If I could turn back time” reference. Cher is beloved by many in the gay community. Look up the appearance on Will and Grace on YouTube. Funny, funny bit.
Steve in the ATL
@?BillinGlendaleCA: PIE FILTER FOR YOU!
tarragon
@Steve in the ATL:
Now that’s funny!
sherparick
@Sister Golden Bear: That’s close. I need to clip some of this for style points to improve my legal writing. This is not the way they taught me in law school.
Citizen_X
@Amir Khalid: @mrmoshpotato: There is a kind of shaggy hippy/arty/psychedelic/shambolic space in Houston called Super Happy Fun Land, that hosts experimental music, performance art, and other crazy things. OBVIOUSLY (I mean, take one look at their website), they have nothing to do with the “Straight Pride” mindset.
Rand Careaga
I looked in on SuperHappy’s blog—they’re whinging about a cease-and-desist letter from Netflix (“a heterophobic company steeped in hatred and bigotry”)—and the associated comment thread. To someone’s charge that “your organization is nothing more than a group of Nazis” a supporter indignantly responds with
Well, maybe someone was just having his little joke, but if not, isn’t that what the kids call a “tell?”