Recently the owner of the registered trademark for “Animation Hall of Fame” contacted us to request that we rename or remove a Scratch Studio titled “Animation Hall of Fame”. Apparently when one Googles “Animation Hall of Fame,” the link to their organization is first, but the results also include a link to a Scratch Studio with the same name.

We see the value of trademark law: We wouldn't want anyone else to be able to create a programming language called Scratch. That could lead to a lot of confusion, and wouldn't be fair. However, there are limits to how broadly trademark should be applied. For example, if someone created a skateboard called Scratch, I don't think we'd have much reason to complain (as long as they weren't using our logo, or claiming some kind of association or endorsement from us.)

But in this case, we don't feel that this trademark claim is reasonable or fair. According to the About page on their website, their “Animation Hall of Fame” is:

“To be located in the Central Florida area of the United States, the Animation Hall of Fame, Inc. complex will be an international interactive, entertainment attraction honoring the history and heritage of Animation from around the world. This state of the art high-tech complex and each of its venues will be designed to educate and entertain animation fans and non-fans alike from around the world.”
( http://animationhalloffame.org/about.html )

The Scratch studio formerly titled “Animation Hall of Fame” is, well, a Scratch studio: A webpage, created by a Scratcher, that shows projects made by kids who are learning to program animations with Scratch, a free programming tool created at MIT.

http://scratch.mit.edu.ezproxyberklee.flo.org/studios/346625/
(Check it out- there are some good Scratch animations in there!)

Is it really reasonable to demand that we rename this Scratch studio to avoid possible confusion between a multimillion dollar complex in Florida, and a webpage with some Scratch projects? We really don't think so. But because taking legal action to contest this would be very expensive and time consuming, we agreed to change the title of the studio formerly known as “Animation Hall of Fame” to: “Scratch Hall of Fame - Animation.” I guess this clarifies what should be pretty obvious: A webpage with some Scratch projects is not likely to be confused with a multimillion dollar museum.

Interesting.

well that clears up allot about ™ for me btw first to see!

Awkward…

I will avoid using trademarks on Scratch as best as I can.

The_Duke wrote:

well that clears up allot about ™ for me btw first to see!

gra seccond XD

hmm. thats nice to know. i have wanted to know about the scratch trademarks and what would happen if something like this happend. Also, in the picture, it looks like the studio has mostly @WazzoTV projects in it

My browser / operating system: Windows 7, Chrome 33.0.1750.154, Flash 12.0 (release 0)

Lightnin wrote:

Is it really reasonable to demand that we rename this Scratch studio to avoid possible confusion between a multimillion dollar complex in Florida, and a webpage with some Scratch projects? We really don't think so. But because taking legal action to contest this would be very expensive and time consuming, we agreed to change the title of the studio formerly known as “Animation Hall of Fame” to: “Scratch Hall of Fame - Animation.” I guess this clarifies what should be pretty obvious: A webpage with some Scratch projects is not likely to be confused with a multimillion dollar museum.

And THAT is why so many cease and desist letters are sent out about things like this. The lawyer KNOWS that it's a flimsy case at best, but they also know that people can't afford to fight it. They get what they want without having to have solid legal footing.

</rant>

The thing is, kids, which predominantly make up the Scratch website, do not and will not take the time to search up a trademark.

I have a question. I made a project called Idea Storm, but that is already something to do with Dell computers. Will I get sued or something?

happy ok

Wow… this would make for a funny newspaper article… “Multimillion dollar complex demands name change of a Children's Online Studio” XD

Yeesh that is a bit harsh like really your going to sue a bunch of kids? really? what kind of person would do that! its not like we are using it in a commercial like wow people.

mozarty wrote:

The thing is, kids, which predominantly make up the Scratch website, do not and will not take the time to search up a trademark.

And this is at the core of the issue - should kids who are making Scratch studios be required to search a trademark database before choosing a general name? We really don't think so: There isn't a likelihood of confusion.

This is one of the silliest and most ridiculous things I have read all week. That is an outstanding feat considering how ridiculous and absurd news from major media has gotten over the years.

If they return again with any more legal SEO hoodoo, I smell a change.org petition or somesuch. Nothing makes frivolous cease and desistery go away quite as quick as public outcry.

I have two kids and often travel with them. Just marked Animation Hall of Fame off the list as a potential tourist spot for us.

Good on Scratch for taking the high road. Sorry the world can sometimes be full of bullies.

Don't use ™ or ® unless you actually contacted the US Patent office and patented the thing you put ® or ™ behind.

The_Grits wrote:

Wow… this would make for a funny newspaper article… “Multimillion dollar complex demands name change of a Children's Online Studio” XD

Better: “Multimillion dollar complex demands name change of a quite unknown Children's Online Studio with 7 Followers”

I could understand them if it would have a lot of followers, but really? They want a name change just because it exists and does not make any damage to their company? Okay, since now it will be a famous studio because it is a good one and everyone has it one his front page So the studio owner could also thank the ST and the real Animation Hall of Fame for causing this trouble and make it appear on Front page

I can't help but chuckle at the thought of someone seriously contacting ST because of this

andycman wrote:

Don't use ™ or ® unless you actually contacted the US Patent office and patented the thing you put ® or ™ behind.

I think marking it as trademarked (™) even without registering it (®) does give you a little bit of legal standing, similar to putting © on something.