what is the thought on this...

[Peter R]

Has anyone successfully trademarked or copyrighted a musical genre? just asking if there is precedence... and Assassin, while Rastafarianism originated in Jamaica, it is by no means unique to Jamaica in the Caribbean... Rasta has done a good job of spreading the doctrine.

[Mosiah]

Yuhseeit! How ludicrous was that?! But it happened!

[Bricktop]

You all need help:

McDonalds also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.

Further, McDonalds' quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees, plus or minus five degrees. He also testified that a burn hazard exists with any food substance served at 140 degrees or above, and that McDonalds coffee, at the temperature at which it was poured into styrofoam cups, was not fit for consumption because it would burn the mouth and throat. The quality assurance manager admitted that burns would occur, but testified that McDonalds had no intention of reducing the "holding temperature" of its coffee.

If she had made the coffee herself it would not have been 190 degrees...ongly McDonalds heat up dem coffee to dat temp. Gwaan follow Don2 di simpleton...but him a mek yuh look like a claffy...

[Don1]

Quite ludicrous....but that's what lawyers are for...turning the ludicrous into law

btw.. mi ear sitten ah buzz inna mi eaas lika gingi fly... yuh ear nutten?

[Assasin]

that is true but if we could copyright reggae that mean we could copyright rasta as well because they orginated in Ja, and both are known Jamaican product.

[Don1]

Has anyone successfully trademarked or copyrighted a musical genre? just asking if there is precedence... and Assassin, while Rastafarianism originated in Jamaica, it is by no means unique to Jamaica in the Caribbean... Rasta has done a good job of spreading the doctrine.

Peter R... some critical thinking is in order...this discussion is gone way off the rails on an incorrect premise.

It is not a genre of music for which legal rights would be sought...whether the claim is valid or would be successful or not. The genre of music argument is a false premise.

What is at issue here is an advertising piece...the music is only a part of that piece...the advertising and the associated BRAND IDENTITY that the style & content of the ad which conjures up in the "average person" a certain image (ie Jamaica) is the key... this is what people are simplistically & falsely calling "copyrighting a genre of music"... that's nonsense.

So any case would rest on that premise.. viz.. since Jamaica has spent many millions of $$ to create a brand identity which includes a certain indigenous style of music presented in a specific way on a specific theme (tourism)... is that style & brand identity a unique development of Jamaica? If another entity copies that style and brand identity in their ad piece (essentially just changing Jamaica to Cayman for example)... are they trespassing on a unique Jamaican creation since the "average person" would associate the style with Jamaica?

I'm not saying any such claim would be successful...but far stranger things have happened in Babylon's Chambers as we all know.

That is the argument to be put forward by an IP attorney...NOT... reggae belongs to Jamaica and others can't use it without permission.

However I have no doubt the incorrect premise and confusion will continue because some can't or refuse to see the stark difference between the 2 premises

[Don1]

LOL...funnee

[Mosiah]

I could not have explained it better. Thanks!

But yes, they will run with the wrong premise, watch and see!

[Assasin]

"I'm not saying any such claim would be successful". That is the whole argument. What is unique in Jamaican ad to say Cayman rip it off???? Other than using the reggae music, and remember they are using a Cayman local artist, tell me what else is there any ground on. The fact is we move from schene to schene.

Take the reggae music out of it and it could be any generic tourism ad or for that matter look at one of their previous ad and change the genre of music in the background
http://www.youtube.com/watch?v=kRZ0RdIE02w

[Baddaz]

excellent presentation... mi did just give up... no patience these days... either a one get it or mi just cut and move... cyaan badda... low tolerance fi big head bud like brickhead...

[Don1]

Fine...that would be an argument of the defendant...it's a generic ad. They may well prevail with that...but who knows?

Now ...regarding the real point I was making....you now acknowledge that the argument you were pushing about "copyrighting a genre of music" is not relevant?

Something tells me this will lead to another circular discussion ...but mi nuh inna dat

[Don1]

excellent presentation... mi did just give up... no patience these days... either a one get it or mi just cut and move... cyaan badda... low tolerance fi big head bud like brickhead...

Natty neva get weary

[Don1]

I could not have explained it better. Thanks!

But yes, they will run with the wrong premise, watch and see!

Premises, Premises

[Assasin]

My point is, it is generic and the only thing you could bring a suite about is the Reggae music which is associated with Jamaica.

What else would you put in that lawsuit??????

Give me what else you could say they copied???

Therefore if we can't copyright the genre or the image that is associated with reggae, I DON'T SEE A CASE HERE. It is a competitive marketplace and we also use things others do to market our product.

[Don1]

I am not an IP attorney so I won't go further than describing an outline of a possible case...maybe you are competent in the field so knock yourself out with the details... mi nuh reach fi yuh lebel yet to see a case or not

Now please answer the simple question posed...Do you now realize that this issue has nothing to do with "copyrighting a genre of music"? A simple yes or no will suffice