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View Full Version : I should have trademarked my avatar



Gillian
05-12-2016, 07:34 AM
I created my avatar more than two years ago before the "Keep Calm" thing really took off. The only place I've posted it is on this site. I thought it was kind of clever.

Evidently someone else did too and is now using it to sell products from this site: http://www.keepcalm-o-matic.co.uk/p/keep-calm-and-carry-a-ukulele/ The site says the name of the guy who created it was "Lester B" and he created it one year and four months ago.

Either "Lester B." appropriated my idea, or it is a case of huge coincidence. I guess I'm kicking myself for not realizing something like this could be marketable.

:mad:

jollyboy
05-12-2016, 07:42 AM
Keep Calm.

JessicaM
05-12-2016, 08:28 AM
I gotta say, this Keep Calm trend is 5 or 6 years old in the design world. Still, it stinks to create something and have someone else claim it as his own. Maybe it's an opportunity to come up with something new and better? And then CafePress the crap out of it ;)

jollyboy
05-12-2016, 08:38 AM
More seriously, I would see your not becoming involved in the commercial exploitation of a ubiquitous pop culture meme (which, in its current incarnation, exists primarily to fuel sales of tacky consumerist crap to the mass market) as a win.

Think of it less as a loss of potential revenue and more as a karmic gain :)

*steps down off soapbox*

spookelele
05-12-2016, 08:47 AM
1939 -- british government.

https://en.wikipedia.org/wiki/Keep_Calm_and_Carry_On

Gillian
05-12-2016, 09:09 AM
More seriously, I would see your not becoming involved in the commercial exploitation of a ubiquitous pop culture meme (which, in its current incarnation, exists primarily to fuel sales of tacky consumerist crap to the mass market) as a win.

Think of it less as a loss of potential revenue and more as a karmic gain :)

*steps down off soapbox*


As the saying goes, "Don't get mad, get even". So, since my idea is "out there", I am making my jpeg available for all who want to make their own t-shirts, ukulele case stickers, tote bags, etc. Here you go:


91105

janeray1940
05-12-2016, 10:14 AM
I gotta say, this Keep Calm trend is 5 or 6 years old in the design world.

Even older - I think Victoria Smith first popularized the "Keep Calm and Carry On (http://www.sfgirlbybay.com/2008/12/15/keep-calm-and-carry-on-new-color/)" poster in the U.S. via Etsy in... 2007 maybe? My link is from 2008. I know I had the poster on my wall in 2008 and it became really dated, really fast.

I don't think I've seen "Keep Calm and Carry a Ukulele" as much, but "Keep Calm and Play Ukulele" has been all over the interwebs for years (https://www.google.com/search?q=keep+calm+play+ukulele&oq=keep+calm+play+ukulele&aqs=chrome..69i57j0l2.4983j0j4&sourceid=chrome&ie=UTF-8).

Tootler
05-12-2016, 11:54 AM
The "Keep Calm" posters were originally created in Britain early in WWII and were intended to raise morale though it seems they were little used. A batch of them was discovered by the owners of Barter Books in Alnwick in 2000. Alnwick is a small town in Northumberland about 70 miles north of where I live. Barter Books is housed in the old railway station and is a massive 2nd hand bookshop. I've been there and it's a veritable Alladin's cave for book lovers.

The owners of Barter Books displayed the posters in the shop and they took off from there and it's become a world wide phenomenon.

So I think we can say it started here in about 2000 though obviously, it took some time to spread after that.

Lori
05-12-2016, 12:28 PM
Not sure if you could Trademark that design without documenting more than one use for it (avatar would only count as one). You would have had to use it on business stationary, posters, or other items to qualify. Copywriting might be difficult too, since it is deriving from a previous work. The rule used to be that the new work had to be 15% different, which might be tricky to calculate. Just be glad you aren't wasting time paying court fees and lawyers.

–Lori

pritch
05-12-2016, 03:07 PM
1939 -- british government.

https://en.wikipedia.org/wiki/Keep_Calm_and_Carry_On

Wikipedia almost got that right. The "Keep calm" poster was held to be displayed in the event of a German invasion. Since the invasion didn't come to pass the posters were not issued.

The crown used in the poster is what is normally referred to as a "kings crown" as opposed to the one currently in use which is a queens crown.
It is so long since the last coronation that when the queen eventually passes there could be minor budget blowouts around the British Commonwealth. Letterheads, military badges, buttons and all manner of official hardware will require to be changed.

photoshooter
05-12-2016, 05:49 PM
You can change it to:
Keep Calm and Carry AN Ukulele
Then market as you wish ;)



I created my avatar more than two years ago before the "Keep Calm" thing really took off. The only place I've posted it is on this site. I thought it was kind of clever.

Evidently someone else did too and is now using it to sell products from this site: http://www.keepcalm-o-matic.co.uk/p/keep-calm-and-carry-a-ukulele/ The site says the name of the guy who created it was "Lester B" and he created it one year and four months ago.

Either "Lester B." appropriated my idea, or it is a case of huge coincidence. I guess I'm kicking myself for not realizing something like this could be marketable.

:mad:

Croaky Keith
05-12-2016, 10:27 PM
You can change it to:
Keep Calm and Carry AN Ukulele
Then market as you wish ;)

Correction:
Keep Calm and Carry an 'Ukulele

The apostrophie is important! :)

photoshooter
05-13-2016, 03:25 AM
Correction:
Keep Calm and Carry an 'Ukulele

The apostrophie is important! :)

Touche'!
Well played. :)
Now you can trademark the apostrophe version and compete with the non-apostrophe and the "not quite authentic article" versions.

jollyboy
05-13-2016, 04:53 AM
Now you can trademark the apostrophe version and compete with the non-apostrophe and the "not quite authentic article" versions.

Oh great - more bloody mugs and posters :rolleyes::p

coolkayaker1
05-13-2016, 05:45 AM
So, if the Keep Calm thing has been popular--even for the uke reference--for many years, that means that (a) either Gillian pilfered it, rather than the other way around, or (b) lightning struck twice. Lol 🤑😀😝

I'm joking with you, Gillian. I'm guessing you saw it someplace and subliminally created your avatar; you thought it was before the whole Keep Calm thing took off, but it wasn't. Many have subliminally copied, even whole novels that were almost plagiaristic, with similar leaps. It's all good. ✌️

Gillian
05-13-2016, 06:29 AM
So, if the Keep Calm thing has been popular--even for the uke reference--for many years, that means that (a) either Gillian pilfered it, rather than the other way around, or (b) lightning struck twice. Lol ������

I'm joking with you, Gillian. I'm guessing you saw it someplace and subliminally created your avatar; you thought it was before the whole Keep Calm thing took off, but it wasn't. Many have subliminally copied, even whole novels that were almost plagiaristic, with similar leaps. It's all good. ✌️

Being from England, I knew about the "Keep Calm and Carry On" poster. Before I created my version more than two years ago, I Googled "Keep Calm and Carry a Ukulele" and nothing appeared...no images, articles or websites. So I downloaded the red classic poster from Google Images, found a similar font, and using my graphics program, came up with my version.

When I Googled "Keep Calm and Carry a Ukulele" now, I was surprised to see my avatar as one of the images. Click on the image and it links to UU. No problem there! But apparently, "Lester B", created a poster using that "Keep Calm" website saying the same thing as my image, only he did it more than a year after my image was "out there".

So nothing subliminal going on..just surprise and disappointment. Oh, well, I might go back to my ukulele playing hedgehog avatar now. I don't think anyone would want to copy that!:)

mmfitzsimons
05-13-2016, 09:03 AM
It's a cool idea, the fact others had the same thought only confirms it. :)

I think if you had just Googled "keep calm" and "ukulele" a couple of years ago, you would have seen there's a lot of variations. I remember seeing some along with "got uke?' and the rest when I first got into ukuleles and was looking for t-shirts, so that was at least 2008....

91115

ps: I'd second the vote for "an 'ukulele." ;)

mm stan
05-13-2016, 10:35 AM
Aloha Gilly.. How about Keep Calm and Play your Ukulele..... nothings safe on the internet theses days..

Nickie
05-13-2016, 02:17 PM
Gillian, I liked it so well I stole it off FB. Please consider that a compliment. I think you were 1st, or one of the 1st to have it, you should keep it.
If you don't keep it, we'll still know you're cool...

Gillian
05-13-2016, 04:48 PM
Gillian, I liked it so well I stole it off FB. Please consider that a compliment. I think you were 1st, or one of the 1st to have it, you should keep it.
If you don't keep it, we'll still know you're cool...

Aw, that's sweet of you to say that, Nickie. I think I WILL keep it!

Download the jpeg I provided (post #6) and have fun with it.:) I like to do crafts and I've put it on t-shirts, tote-bags, uke case stickers and refrigerator magnets.

stevepetergal
05-14-2016, 04:37 AM
Hey, calm down everyone.

bonesigh
05-14-2016, 06:29 AM
I pretty much agree with, there are no new idea's. Really, chances are huge that it's been thought of. I've had many an idea for this and that, totally my own thoughts, only to find it's been done.

Tootler
05-15-2016, 02:01 AM
Just a thought but all these "Keep Calm" posters probably infringe the Crown Copyright on the the crown image. :old: