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NEWS: Anime Boston Organizers Sue Boston AnimeFest for Similar Name


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Kadmos1



Joined: 08 May 2014
Posts: 13615
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PostPosted: Fri Dec 01, 2017 8:12 pm Reply with quote
OK, this is ridiculous. If it was just "Boston Anime", I could see the trademark infringement being rightly pulled. However, the added "Fest" in 1 of the con names should be able to cancel out any likelihood of confusion.
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kotomikun



Joined: 06 May 2013
Posts: 1205
PostPosted: Fri Dec 01, 2017 8:26 pm Reply with quote
When you call your anime convention in Boston "Anime Boston," you shouldn't be surprised when some other anime convention in Boston has a similar name. Also, the full name of the offending event is apparently "Boston SouthCoast Comic Con & AnimeFest" which isn't even close (though they may have changed it because of the lawsuit?).
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H. Guderian



Joined: 29 Jan 2014
Posts: 1255
PostPosted: Fri Dec 01, 2017 8:29 pm Reply with quote
They're fairly close. I can see a lot of Casuals/Normies getting confused though. Remember all those parents and grandparents that call a Playstation a "Nintendo".

Also Boston Anime Fest isn't even in Boston, it seems to be made by former volunteers.

i'm about 60/40 on Anime Boston's side. Its very close, but it does feel like they're just a bit too close in name. "Bay State" "New England" I mean, there are quite a few other terms that could have been selected. I mean the full title even ha South coast in it, but the shorthand version...I feel you could just...nudge it over a bit.
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theConundrumm



Joined: 28 Sep 2008
Posts: 6
PostPosted: Fri Dec 01, 2017 8:53 pm Reply with quote
shut em both down. send them both to their rooms without supper OR desserts.. no ice-cream for you!!
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Kougeru



Joined: 13 May 2008
Posts: 5576
PostPosted: Fri Dec 01, 2017 9:05 pm Reply with quote
This actually has merit. I can imagine people being EASILY confused by the two names. However, when both take place in Boston...and both are Anime conventions....it's kinda hard to get another name that works. They should just remove from their name
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animefan1238



Joined: 28 Nov 2006
Posts: 301
Location: Ma
PostPosted: Fri Dec 01, 2017 9:23 pm Reply with quote
I can understand the confusion. I also don't understand why they wanted to break away from the main event, Boston SouthCoast Comic Con & Collectibles Extravaganza. I mean ComicCon in San Diego has both American comic and anime events but there isn't a San Diego Anime Fest within Comic Con. This event is near me and is 35-40 minutes away from Boston by highway. So it using the city in its title is misleading on first impression since it isn't in Boston at all. Only if you look at the website you'll see where it is located.
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H. Guderian



Joined: 29 Jan 2014
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PostPosted: Fri Dec 01, 2017 9:27 pm Reply with quote
Kougeru wrote:
This actually has merit. I can imagine people being EASILY confused by the two names. However, when both take place in Boston...and both are Anime conventions....it's kinda hard to get another name that works. They should just remove from their name


BSCC&AF takes place outside of Boston.
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Cutiebunny



Joined: 18 Apr 2010
Posts: 1767
PostPosted: Fri Dec 01, 2017 9:43 pm Reply with quote
Honestly more surprised that AnimeFest (the one in Dallas) isn't suing Boston AnimeFest. That could be just as confusing.
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AnimeLordLuis



Joined: 27 Jan 2015
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PostPosted: Fri Dec 01, 2017 9:52 pm Reply with quote
I never knew that the words “Boston” and “Anime” were copyrighted. Laughing
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tasukete



Joined: 30 Jan 2004
Posts: 19
PostPosted: Fri Dec 01, 2017 11:23 pm Reply with quote
AnimeLordLuis wrote:
I never knew that the words “Boston” and “Anime” were copyrighted. Laughing


The words "Grateful" and "Dead" are neither copyrighted nor trademarked, but the phrase "Grateful Dead" is trademarked because... well, just imagine how many bands would call themselves that, if they could. They could even make money selling their own "Grateful Dead" songs on iTunes.

Under trademark law, you must defend your trademark or else you may lose it. The article probably should've mentioned this. Losing the "Anime Boston" trademark would allow the use of "Anime Boston" by any group for any purpose, like setting up a bootleg dealer's room labeled "Anime Boston" right next to the actual Anime Boston.

That said, a lawsuit isn't necessarily the only way to defend a trademark.
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CrownKlown



Joined: 05 May 2011
Posts: 1762
PostPosted: Sat Dec 02, 2017 12:25 am Reply with quote
This case has zero merit, and the Grateful Dead example is poor at best. Its a convention that takes place in and around Boston, I looked it up the other event is in Hanover which a few miles south of Boston (If the LA Angels of Anaheim can call themselves an LA team, then a convention in Hanover can use Boston). It is a festival for anime. Boston is the area and anime is what is happening, in this case you cannot trademark that, its a closer case to the Saga fiasco with Candy Crush and King.

Sure grateful and dead alone are unique but together its original, but there honestly is nothing unique about using the city and what the festival is about.

The only conventions that probably have any real trademark protection are PAX and Comic-Con, because those are so synonymous with those convention. Even Anime Expo the largest anime con in the US probably would not win a suit if someone else called themselves Boston Anime Expo.
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Kadmos1



Joined: 08 May 2014
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PostPosted: Sat Dec 02, 2017 2:06 am Reply with quote
Kougeru wrote:
This actually has merit. I can imagine people being EASILY confused by the two names. However, when both take place in Boston...and both are Anime conventions....it's kinda hard to get another name that works. They should just remove from their name

See my last post about how "Fest" should be able to cancel out any likelihood of confusion.
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tasukete



Joined: 30 Jan 2004
Posts: 19
PostPosted: Sat Dec 02, 2017 4:44 am Reply with quote
CrownKlown wrote:
This case has zero merit... Boston is the area and anime is what is happening, in this case you cannot trademark that... The only conventions that probably have any real trademark protection are PAX and Comic-Con.


I wasn't making a case, I was describing how trademark law works, and what Anime Boston's legal duties are. There's no need to speculate about what is or isn't trademarked when you can easily look it up. Here's Anime Boston's trademark.

Frankly, you can trademark almost anything for almost any purpose. There are some problems with that, especially when domain names became hot property. But the trademark system generally works okay (unlike the copyright and patent systems). The whole idea of trademarks was invented because there are, and always have been, people who are going to copy your product/event/service/whatever and try to sell it as genuine. Trademark gives you the right to say, "If you tripped over my trademark by accident, well, tough luck. If you tripped over my trademark on purpose, get ready for some pain."
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marshmallowpie



Joined: 22 Sep 2009
Posts: 305
Location: Nova Scotia, Canada
PostPosted: Sat Dec 02, 2017 7:25 am Reply with quote
My favourite similar convention names: Anime North and Anime North... Texas.

I can see some people getting confused, but not actual congoers, even the most casual fans. Parents on the other hand, or other random people, but oftentimes it seems like random people tend to think EVERY convention is a ComicCon. If Anime Boston had a problem with the name, they probably should've said so earlier, and solve this in a less troublesome way.
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Sweetmusic_01



Joined: 04 May 2005
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Location: Methuen, Ma
PostPosted: Sat Dec 02, 2017 9:34 am Reply with quote
Kadmos1 wrote:
OK, this is ridiculous. If it was just "Boston Anime", I could see the trademark infringement being rightly pulled. However, the added "Fest" in 1 of the con names should be able to cancel out any likelihood of confusion.


Doing a Google search for Boston Anime Fest, the first 4 results are for Anime Boston. I can see some people getting confused when looking for information about convention.
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