No no, “Trademark infringement”

@@omegalite8788 ah, that’s the word i was thinking of

It would apply just to crayons.... and other brand crayons smell pretty bad!

@@trademarksarefun I was just joking. I highly doubt they'd go after Big Soap

@@crazybird199 Haha, you never know!

I find it more impressively crazy how HARD they're going for said trademark, like how long did it take them to come up with that very specific description for the scent of a crayola crayon 💀💀💀

If someone did copy that scent and sell it, how would they even go about fighting it? Would they have to have a professional sniffer in court?🤔

​@@potato_the_chipNot gonna lie tho.. I feel that is a pretty spot on description 😅😅

Trademarked, not copyrighted. Similar concepts as both relate to ip law, but in practice are for entirely different things. Copyright applies to creative works, like a book, a song, a poem. A recipe, for instance, is not considered a creative work and does not qualify for copyright. Copyright is also automatic, you can register your copyright but it is not required. Copyrights also expire after statutorily designated times. Trademarks, on the other hand, is… well… a mark you use in trade. A trade mark can remain in effect for as long as that mark is associated with your company. Coca-Cola, for instance, is at no risk of genericizing. Band-Aid absolutely is at risk. To maintain a trademark, you have to do a few things, at least in the us. A trademark must be registered with the USPTO, where people have a chance to challenge the mark based on prior use or it being too generic. As long as your trademark is distinctive, you should be good. If you pass that, you have a trademark… buuuut that only applies to certain fields of commerce. You can’t register a trademark for every aspect of commerce. There are cleaning products named “Linux” despite the Linux operating system holding a trademark on the term as the OS’s mark only applies to electronics and computers. Additionally, a trademark must be in prior use before you apply. You have to actually use the mark and have it be recognizable. Finally, you have to continue to use your mark and defend it. This is why you see some unnecessarily litigious things, like when Bethesda, the game developer, sued Mojang over their game “Scrolls”, as they claimed it was to similar to their trademarked “Elder Scrolls”. This is to show you are, in fact, actively defending your right to exclusive use of the mark. Additionally, it must be in continuous use. You can’t stop using a trademarked term for two decades and then rev it back up and start suing people who used it in the interim. All this is to say, a smell could be a distinctive mark in trade, particularly when applied specifically to crayons.

@@bradenculver7457 You’re right for sure, I just didn’t put the thought into using the right word when I wrote this at 3am. Again thanks for correcting me there. :)

Trademarks don't work that simply They would only own the trademark of asparagus as a colour name in the category of crayons

Using a term that means something else can often be a good trademark. Take Apple, for example. Nobody used to identify Apple with computers, but now Apple is ubiquitous for electronics!

And “wisteria” is a flower… like it is common to name colours after plants and such so I rly don’t think they should be able to trademark those bc now no other art company can have things called that???

​@@charliemayfilms1550 Crayola's registration is in class 16 for crayons. There are other registrations for WISTERIA owned by other companies in other classes.

​@@trademarksarefun I think using Apple is a bad example. No one says "Yeah I was using my Apple." They will say Iphone or Mac or laptop or whatever. The issue arises when people start using the term too commonly like people referring to any game console as "A Nintendo" rather than like the NES.

This was the EXACT same reaction I just had, whoever designed that to read as a smile failed 😭

@@Long_May_They_Raine LOL Maybe I'm wrong, I thought it looked like a smile! 😅

What did you think it was!?!?

@@DE23 THEM SHOWING THE CRAYONS INSIDE AND DASSIT 😭

@@DE23 i dunno just a fucking rainbow background 😭

On one hand, if they'd spent the money on research and marketing, they should be able to protect it. On the other hand, small business and startups should protect their branding, too, to prevent big companies from owning it all. Trademark registration protects both sides!

That would just mean every individual product would have its own company owned by a mega company. I don’t see how the number of trademarks a company has is a problem.

@@trademarksarefun>if they spent the money on research and marketing why not spend the money on the actual product?

@@DeltaEntropydoesnt sound much different or worse than what we have now

That just punishes innovation and multidepartmental companies to some extent. Better to raise the criteria for granting trademarks if it is a problem

To be honest, this was my initial thought, too. But if you smell any non Crayola crayon, they smell disgusting. My wife is a teacher and she says she can figure out a Crayola crayon by scent.

@@trademarksarefun i mean ive smelled SOME that smell the same as crayola, but maybe thats the point

@@featherweighthate Fair enough! The USPTO originally rejected it as "functional," meaning essentially the scent was part of the crayon due to the crayon as part of making it work. In a years-long battle, it is expected to obtain a registration.

@@featherweighthate Which brands?

@@trademarksarefun one of those really cheap packs of crayons that they give to kids at restaurants, i remember them smelling the same sometimes

😂

They are protecting their brand!

@trademarksarefun who do they think they are Nintendo? They could just buy out any competitor, couldn't they? They're lucky they're owned by a private company. Or else they could get bought out themselves.

Haha! I thought it worked!

Who let the Marines in here

crunchy 🖍️

Who let the marines in here

Using a term that means something else can often be a good trademark. Take Apple, for example. Nobody used to identify Apple with computers, but now Apple is ubiquitous for electronics!

Maybe the trademark only applies to crayons or writing/drawing tools specifically? Like maybe you can't call a crayon or a colored pencil asparagus or wisteria, but other things are fine? Just speculation though

@@XError40404 This is correct! It applies to crayons in class 16.

That was the crayon I made. Their trademark is for the scent of crayons!

I'm not sure! I think the factory is in Eaton, PA, so that Experience makes sense!

@@trademarksarefunyou mean Easton? That’s where the Crayola Experience resides. I’m from the Lehigh Valley and I have still barely explored Easton (especially the Crayola Experience).

​@@crystalian965 Yeah, Easton. Does it smell a lot like Crayola around there??

they are all over.

LOL that's my thing because trademarks are fun®!

It applies to specific goods or services, in this case crayons. Scents have been applied in other contexts as well. kzfaq.info/get/bejne/bsmPnaeDnbunpGg.html

username checks out 😂❤

They did a good job! Do you know what a "sweet, slightly musky, vanilla-like fragrance, with slight overtones of cherry, and the natural smell of a salted, wheat-based dough" is??

@@trademarksarefun no idea- but my guess is new car smell

@@Osiris414 Play-Doh!

​@@trademarksarefunplay doh tastes as good as it smells

@@bettafish541 I've never tried it! lol

I think the Crayola scent is distinctive! Other crayons smell terrible!

lol what elese could it be? Maybe I'm wrong?

@@trademarksarefun I just thought it was a weird shape, but I think you're correct.

RAAAA

I still don't understand this joke

RAAAA

This was an issue they litigated. Crayola was able to show their scent was distinctive. My wife is a teacher and says that other brands of crayons smell terrible!

@@trademarksarefun They were able to show it was distinct against other crayons, not every use of wax ever, and even then I highly doubt they got every brand of wax or crayon to test.

@@trademarksarefun What I’m saying is either they add a very specific chemical they can then trademark, or the smell is just what high quality wax and dye/pigment smells like. Ink with acrylic additives can smell exactly like the finger paint you used in kindergarten.

Oh! Do you have any specific stories I could look into?

The employees were super helpful when they helped me create it!

Noooooo! 🤢😅

There's one in Plano! It was pretty neat!

Should the German car company get a registration for the scent as it applies to cars?

I didn't know that about BMWs! Maybe BMW could try to register the scent in class 12?

@@trademarksarefun I guess if they want to keep their trademark, Crayola has to make a car now.

@@gerarddip Crayola's trademark applies to crayons in class 16!

Does Nintendo aggressively defend its trademarks? Or just copyrights?

If it were Nintendo vs Viacom it'd be real messy 😂

@@benamisai-kham5892 What about EA Sports? LOL

@@trademarksarefun I don't think I've actually heard much about EA being dmca monsters compared to Viacom and Nintendo

@@benamisai-kham5892 i think they were confusing the exclusivity contracts Ea has with sporting leagues such as NFL, FIFA, MBA, etc. in the past (genesis era) all sorts of gaming companies had the ability to make sports games with real player info. now its mostly locked down.

Interesting, I didn't know this, and it appears this is where the smell comes from!

A lot of the standard colors were ultimately rejected or abandoned. It's the quirky ones that remained (such as asparagus for green)

like UPS owning "brown"

@@questionabletopic9652 Yes, UPS has a registration for PMS 462C "as applied to the entire surface of vehicles and uniforms" for "Transportation and delivery of personal property by air and motor vehicle"

I hadn't heard this, this is funny!

Yes, they had tins that you could fill with whatever crayons/markers you wanted from that wall.

@@trademarksarefun that’s awesome.

When it identifies the source of goods and services. It's just for those goods and services, not unrelated ones.

LOL! Are there generics with similar scents?! I haven't come across any!

I have no idea! I think the factory is in Easton, PA, so the location of that Crayola Experience makes sense!

Plano is just such a massive industrial and wearhouse area I imagine it's because they have a wearhouse distribution hub there or rent wearhouse space there I've been to Plano and that place is crazy

Kinda surprised you being from Texas don't know about the wearhouses there

@@terranovarain6570 We enjoyed seeing all of the Dallas suburbs!