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Print 45 comment(s) - last by wvh.. on Dec 18 at 7:47 PM

Want to use an emoticon? Then pay up, says one Russian businessman

Companies or individuals have long tried to patent overly broad or preexisting works.  The U.S. is no stranger to such patents -- IBM has tried to patent outsourcing efficiently, and other companies have in essence patented the video game controller and brought litigation against Nintendo, Sony, and Microsoft.  It is also home to some of the world's most aggressive patent trolls.

Still, in the world of weird patents and patent litigation, the story of Russian entrepreneur Oleg Teterin stands out.

Mr. Teterin has secured a Russian copyright for the emoticon ;-) , issued by the federal patent agency.  Critics blasted the move, saying that the patent is trash, as the icon has been in the public domain for years now and that prior art would be easy to prove.  However, Mr. Teterin has big plan for his new patent.

He says that he will seek litigation against corporations using the symbol in their communication or advertising.  However, he will not go after individuals he says, as he explains, "I want to highlight that this is only directed at corporations, companies that are trying to make a profit without the permission of the trademark holder."

"Legal use will be possible after buying an annual licence from us.  It won't cost that much - tens of thousands of dollars," he remarked.

At the current time, though, he has no plans to track down infringers, though, he states.

He believes that several other related emoticons may be his property as well, such as :-) or ;) or :).

Some say Mr. Teterin's moves are a marketing gimmick for his company Superfone.  Nikita Sherman, president of Russian social networking site odnoklassniki.ru states, "You're not likely to find any retards in Russia who'll pay Superfone for the use of emoticons."

Alexander Malis, a director of the firm Vympelkom, says that his company uses the symbol but will not pay.  He mocked the patent, suggesting someone patent brackets.

Interestingly, the development is not the first time a Russian has tried to seek ownership of an emoticon.  Siemens was sued by a Russian man in 2005 and lost, only to finally succeed in having the suit thrown out in a St. Petersburg appeals court.

Here in the U.S. Google and other tech giants have formed an alliance to fight "patent trolling" and junk litigation.



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Dispair Inc.
By oab on 12/17/2008 10:45:21 AM , Rating: 5
Don't forget, they patented :-(




RE: Dispair Inc.
By austinag on 12/17/2008 10:58:59 AM , Rating: 5
My patent #123988725468 is for this: (_._)
I call it an assicon.
DT readers can use it free of charge.


RE: Dispair Inc.
By das mod on 12/17/2008 11:07:17 AM , Rating: 5
i call dibs on this one

( . Y . )


RE: Dispair Inc.
By Xerstead on 12/17/2008 1:38:36 PM , Rating: 5
I'll take these:
(*)(*)
) . (
( Y )


RE: Dispair Inc.
By afkrotch on 12/17/2008 11:22:40 AM , Rating: 5
Does everyone else just get a 8=====D (_o_) ?


RE: Dispair Inc.
By on 12/17/08, Rating: -1
RE: Dispair Inc.
By Samus on 12/18/2008 12:21:43 AM , Rating: 2
Most Russian women I know are pretty nice, free-spirited girls. Russian men on the other hand are usually completely stuck up cocks that drive BMW's and Audi's meanwhile treating their women (often not Russian, interestingly) very objectively. I used to work for an architecture firm that had mostly Russian employee's (I was the IT guy) and got a daily dose of the aformentioned all too often.


RE: Dispair Inc.
By BansheeX on 12/18/2008 2:40:20 AM , Rating: 2
That poster's sole purpose in life is to get -1 ratings for the name "PLAYSTATION THREE", so he spouts fake nonsense in EVERY possible thread. Why would you even waste time writing rebuttals to someone like that as if they were genuine?


RE: Dispair Inc.
By on 12/18/08, Rating: -1
RE: Dispair Inc.
By jhb116 on 12/17/2008 10:28:31 PM , Rating: 1
We call that BOHICA - Bend Over Here It Cums Again


RE: Dispair Inc.
By hlper on 12/17/2008 4:53:02 PM , Rating: 2
I was unprepared for that. Thanks for the laugh ;-D


RE: Dispair Inc.
By Dreifort on 12/17/2008 4:20:25 PM , Rating: 2
so ;-) is tradmarked... but not ;)

=D


RE: Dispair Inc.
By Dreifort on 12/17/2008 4:24:48 PM , Rating: 2
i'm going to trademark 1337 speak.

http://home.no.net/hellshl/main/translate.html


Too late for some...
By masher2 (blog) on 12/17/2008 10:42:51 AM , Rating: 1
I understand GM and Chrylser have already paid several million in licensing fees to this firm, and are looking for a correspondingly larger bailout as a result.




RE: Too late for some...
By TheSpaniard on 12/17/2008 10:46:43 AM , Rating: 2
for what? hopefully not this symbol


RE: Too late for some...
By joeindian1551 on 12/17/2008 11:16:00 AM , Rating: 2
They need the license for :-) so that they can use it to sign all the layoff notices to their employees.

Sorry you've lost your job.
Best Wishes :-)
Rick Wagoner

Also needed ;-) for the thank you letters to the Senators who acted like they weren't going to approve the bailout.


RE: Too late for some...
By phxfreddy on 12/17/2008 12:04:44 PM , Rating: 2
butt his uncle Porter Wagoner is being kept on.


RE: Too late for some...
By Dreifort on 12/18/2008 2:36:28 PM , Rating: 2
I thought they were paying for the use of the .|.. emoticon that was used in response letters sent to the UAW organizers who had demanded the CEOs get bailout money or they will go on strike.


RE: Too late for some...
By ThePooBurner on 12/17/2008 4:29:24 PM , Rating: 2
Please tell me i am not the only one who could tell this was a joke? Please someone tell me. That it was rated down is worrying. I could understand not rating up, but rating down? sheesh.


RE: Too late for some...
By Dreifort on 12/18/2008 2:32:43 PM , Rating: 2
apparently they think rating down comments on auto makers will in turn find it's way back to the CEOs of said auto makers and the CEO will realize the horrible mistake he has made and want to graciously send the man or woman or rated down the comment a brand new hybrid.

Then the rate downer will be able to finally feel like he or she is fitting in when they are able to slap some sort of peace symbol (or I voted for Change) sticker on the rear window and drive through their neighborhood in their brand new Hybrid.

All because they rated down a comment on the auto industry... they just want to fit it. That's all.


;-)
By RapidSnail on 12/17/2008 10:46:20 AM , Rating: 5
quote:
Nikita Sherman, president of Russian social networking site odnoklassniki.ru states, "You're not likely to find any retards in Russia who'll pay Superfone for the use of emoticons."


One of the best quotes from a company rep ever! lmfao




RE: ;-)
By BBeltrami on 12/17/2008 11:01:29 AM , Rating: 5
I nearly spit my coffee onto my monitor... until Political Correctness kicked in and saved me. Now I'm offended in proxy for all of my challenged russian comrades. Can you feel my seething moral outrage?


Only one thing to say about this.
By Innocent Hawk on 12/17/2008 10:44:24 AM , Rating: 2
O_o




By afkrotch on 12/17/2008 11:06:34 AM , Rating: 4
(>''(>Oo)> Aiiiieeeeeee!!!!!


Patent This!!!!
By SlipDizzy on 12/17/2008 11:04:06 AM , Rating: 5
<(<-_-) <(-_-)> (-_->)>

KIRBY DANCE!

I'll probably end up sued soon...




RE: Patent This!!!!
By FITCamaro on 12/17/08, Rating: -1
RE: Patent This!!!!
By TSS on 12/17/2008 4:16:36 PM , Rating: 2
atleast his post contained an emoticon which is relevant to the story. for once.

rock on \../ >.< \../


PDF of the trademark certificate
By torrow on 12/17/2008 11:38:28 AM , Rating: 2
here, PDF of the registered wink smiley mark:
http://russianpatentsblog.patentsfromru.com/2008/1...




By aapocketz on 12/17/2008 12:21:43 PM , Rating: 3
where can I send the check ;-)


So which is it?
By Shadowself on 12/17/2008 12:16:54 PM , Rating: 4
Is it a copyright issue? a registered trademark? a patent?

It is impossible to tell from the article as all three terms are used.




The "secret"
By Kyanzes on 12/17/2008 12:44:18 PM , Rating: 2
Not a big deal, nobody needs to be afraid of such copyrights. Sometimes the real reason behind these ridiculous actions is to enable a particular company to milk an other one that is working for the government. So this way they can pump up some serious money for nothing yet it's still legal. "Sorry, we had to pay 2 million dollars to the copyright holder." And they are clean. Bam. Public money is gone. No legal way to take it back.




RE: The "secret"
By Xerstead on 12/17/2008 1:44:13 PM , Rating: 2
Even if/when this is thrown out this guys company will have challanged some big name brand and gained a lot of free publicity. How many of us had heard of Superfone untill this article?


All I have to respond with is
By Cullinaire on 12/17/2008 5:23:39 PM , Rating: 2
t['_'t]




RE: All I have to respond with is
By MikeO on 12/18/2008 3:17:28 AM , Rating: 2
Haha, haven't seen that one before, nice ;o) ...oh no, now that a workaround has been found, Mr. Teterin is fUc|<3d.


By PogoThePrez on 12/17/2008 1:54:47 PM , Rating: 3
I now patent the incorrect spelling of the. Every time you spell it as teh you owe me tens of thousands of dollars for emotional damages. I'm gonna be rich.




By kontorotsui on 12/18/2008 4:14:11 AM , Rating: 3
This is going to replace the lost father in Nigeria with an email from the lawyer stating you have to pay rights for the use of emoticons in the last month.




"Copywrites" eh?
By psychobriggsy on 12/17/2008 10:43:06 AM , Rating: 2
I think you'll find you mean "Copyrights". :p

And I'd like to see this man pursue anyone for breaching these.




By marvdmartian on 12/17/2008 10:53:45 AM , Rating: 2
....send this troll an e-mail, that says:

Good luck with that, scooter!! ;-)




Why oh why?
By mindless1 on 12/17/2008 11:03:35 AM , Rating: 2
... wasn't this clown laughed out of town? Do we really have to take a$$hats seriously?




Patent Trolls :-p
By joeindian1551 on 12/17/2008 11:04:29 AM , Rating: 2
I've copyrighted use of the space bar, so Jason I'll be looking for my check within the next 15 days. Thanks




And to think...
By Motoman on 12/17/2008 12:32:13 PM , Rating: 2
...that patent clerk who declared there was nothing left of significance to patent, like, what, 50 years ago?

Whaddaya think now, sucka? EAT IT!

:O




The downward spiral
By tfk11 on 12/17/2008 10:01:55 PM , Rating: 2
This copyright devalues all copyrights claimed before and all to be claimed in the future. I look forward to they day when nobody gives such claims so much as a moments consideration.




About time someone did this.
By vhx on 12/17/2008 10:19:25 PM , Rating: 2
I was wondering when people would register something as broad as this. What I find funny is that lately there have been big pushes in the tech industry about pro copyright (due to piracy and other reasons). However, here is a case with someone copyrighting something and the tech businesses end up saying, "That's ridiculous, why should we have to pay for something like that?". Sound familiar? Sad it took patent trolls to bring out the hypocrites.




Mine are clearly different
By HighWing on 12/18/2008 3:49:13 PM , Rating: 2
So maybe this Russian guys has a patient for ;-) easy solution.... (-; it's clearly not the SAME and therefor usable without his license :-P <-- not a smiley so it's not covered by his patient either!




review
By wvh on 12/18/2008 7:47:40 PM , Rating: 2
We can only hope all this abuse leads to long overdue review of the whole patent "business".




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