We can't disclose full contest entries yet, but we can let you see a few of the letters of support we have received. Meanwhile, write letters to Geoffrey! Alert Dave Barry! Write the Attorney General! (Maybe we can get on TV when the BATF is sent in to wipe us out!)
All opinions expressed belong to their owners. Our opinions about a certain mongo toy chain and its corporate parent are hopefully apparent from these pages!
Remember, you must send the letters to TRU via us, or at least Cc: us, if you want to qualify for the contest!
Names will be added after the contest is over.
Some of these have been lightly edited purely for spelling, grammar, or strong language. My comments are emphasized just like this text.
I just came from the ``RRU'' home page. I am appalled at the absolute childlike absurdity with which TRU is addressing the issue of ``copyright infringement''. As many people have noted in their responses to RRU, satire is NOT considered (R) infringement, and it has become quite apparent that someone at TRU has fallen off of one too many pogo-sticks.
I hope that on the behalf of RRU and all other intelligent beings in the universe, you have told TRU to stick their request to (revoke?) RRU's web access with you in the sunny spot in their lives.
I, for one, am going to write them a nast-e-mail message. And guess what??? IT'S CHRISTMASTIME!!!! (I have 18 kids to buy for this year- maybe I can help K-MART get out of debt!!!)
Most sincerely, and HAVE A MERRY CHRISTMAS!!!!!
I can't believe they'd bully you as they have, but worse, I can't believe you'd cave in as you have, guys. Let them take you to court. They'll lose.
I'm going looking for the real TRU site to leave them comments, as well. Happy holidays, all. I'll have to find some place other than Toys-Ya-Us to shop, though.
You are being way, way too concilitory.
1)Roadkills-R-Us exists stricitly as a digital electronic representation as part of a satric work-of-art, and as such, is NOT subject to the restrictions of business use of trademarks.
2)Even should you change the name of your site, Roadkills-R-US pages and terminology on that site would qualify as protected satiric works-of-art.
3)While it is likely true that previous litigation may have established the trademark ownership of names ending in "-R-US", or their look, or sound-alikes; the very specificity of those rulings that the unique and distinguishing feature of those marks is the "R-US" suffix does not permit TRU to unilaterally extend that protection to ANY name that ends in "-US" preceeded by any english preposition or conjunction, as suggested by Ms Fowler in her correspondence. Those decisions *may*, in fact, support the use of a name such as Roadkills-BY-US as specifically distinct from and recognizably different from, the unique and distinguishing aspects of the protected "R-US" marks, despite her assertions.
4)It is the burden of the complaintent to prove that your actions are infringing. Specifically, it is their burden to show that your signs, stationery, business cards, telphone directory listings, trade listings and similar have infringed their marks. It is not required that you to respond regarding the existence or form of any of these items of alleged infringement, unless so ordered by an action of a legal body having jurisdiction over the place of "business" of Roadkills-R-US.
5)If your previous signs, stationery, business cards, telphone directory listings, trade listings and similar have infringed their marks, it is their burden to determine that any prior infringement is continuing. In particular, absent an injunction or judgment from a legal body having jurisdiction over the place of "business" of Roadkills-R-US, TRU cannot require you to deliver proofs or copy them on any actions you may take to remove any alleged or actual infringement. Before they could carry forward any action, they would be required to show that infringement is continuing.
6)Absent an injunction or judgment from a legal body having jurisdiction over the place of "business" of Roadkills-R-US, TRU cannot require you to obtain prior clearance from them regarding any potential new or modified name you may chose to use.
7) There is no actual infringement unless and until determined by a court of jurisdiction. Their strong assertions to the contrary do not carry legal weight until brought before a court (though they undoutably have more resources to do that than do you).
Good luck, and have fun with it, as long as you can.
They had more resources. I now have not only public support, but offers from several attorneys to help, and the media is starting to come in - on my side.
Good luck and this is the best humor I've seen on your page.
(Life is stranger than fiction any day)
After giving some thought to the matter, I decided to call Ms. Fowler and tell her that I was boycotting the store. The conversation was quite revealing. The call occured at 7:40 am CST.
TRU - Legal Department, Can I help you?
ME - Yes, could I speak to Ms. Fowler?
TRU - One moment
TRU - Can I ask whose calling?
ME - [1st name]
TRU - One moment
TRU - What is this regarding?
ME - The Roadkills-R-Us web pages
TRU - The Toys-R-Us web pages?
ME - No, the lawsuit that Ms. Fowler has threatened over the Roadkills-R-Us pages
TRU - Ohhh, Roadkills-R-Us...I see, one moment
FOWLER - Mavis Fowler, how can I help? (note: the tone of her voice did not indicate to me that she was real happy)
ME - I'm calling about the lawsuit that you have threatened against the creator of the Roadkills-R-Us page.
FOWLER - (gruffly) What's your name?
ME - [1st name]
FOWLER - (still not pleasant) Do you have a last name?
ME - [last name]
FOWLER - (essentially what do you want)
ME - I'd like information about the lawsuit that you've threatened.
FOWLER - (Urumph)(brief sigh that indicated she didn't want to talk to me, and she did not answer the question)
ME - I want you to be aware that I will be boycotting your store because of your actions.
FOWLER - Thank you.
ME - You're welcome.
Believe me, I felt the same way. Feel free to call them up and ask about it!
Here in Australia, TOYS R US has just opened this year - so come over here, and sue their [fanny packs] off, as I can guarentee that I have been logging on for 3 years!
Presumably to RRU stuff.
Apparently they did try to harass Homes-R-Us in England. Of course, Homes-R-Us is still there!
By the way, I know a guy named Geofrey who is 70+ years old and he now thinks that he is giraffe because of TRU's using his name for their giraffe. He has suffered irrepairable damage because of this confusion. He obviously had the name first, so what gives?
I'm afraid he may die this winter on his migration to the Serenghti Plains in Africa.
I've shopped your store for years; for both myself and my kids- 2 boys, now 10 and 11.
That will cease, especially this Christmas season, for me and anyone I happen to talk to with kids. I believe your roughing up of a satirical site on the internet is quite silly, and against the spirit of fun that you should be in harmony with.
In my own life, and home, I have satirized the Toys-R-Us name on many occasions in cute little ways; pointing at my cat and saying kitties-r-us to my kids, etc., etc. That same dynamic, repeated millions of times by folks just like me, is all is part of becoming a household word.
But now, I will think twice before I innocently and fondly parodize the Toys-R-Us name in real life; you've removed the fun from it.
Thanks loads. I don't expect I will hear back from you on this, you have too many toys to sell.
But not to me, my children, or my friends. Unless, for some reason, Scrooge gets ousted from your Corporate Department and replaced by Santa- how it should be.
If he's there, have him send me a note.
My daughter did this on her own initiative. She knows she isn't eligible for a prize. Even if you COULD win the battle, Toys-R-Us[tm] - is it worth losing the war?
Take care and good luck.
(By the way that wasn't a threat to anyone in particular. Just the people who stand in the way of free speech and want to battle in our neighborhood...)
[TRU vs RRU Page]
[Out of the Blue!] [An Incredulous Reply] [Lightning Strikes Twice]
[here] [A Slap to the Head] [They Think They Won]
Last updated: 25 October 2001