Comments on: iFart Mobile creator shocked – shocked! – at audacity of competition

By: buy aion kinah

buy aion kinah — Thu, 12 Nov 2009 06:46:29 +0000

Joel is going to get sooo clobbered on this! Read HIS court documents! wow. what a fool. He should accept the 50K offer and pay it, because he will lose so big on this one, it’s not even funny. It will quickly be a 6-figure loss for him if he continues to fight.

By: » Airing dirty laundry - Zymetrical.com Blog

» Airing dirty laundry - Zymetrical.com Blog — Tue, 17 Feb 2009 17:54:13 +0000

[...] to an article on crunchgear over the weekend, the two leading fart application developers for the iphone, iFart [...]

By: iModZone » Blog Archive » iFart vs. Pull My Finger: The Battle for iPhone Fart App Supremacy

Tue, 17 Feb 2009 17:53:08 +0000

[...] Official court documents can be found here (warning: PDF). We’ll keep you updated on the situation as further news warrants, mostly because the entire thing is a laugh riot. [JoelComm via Crunchgear] [...]

By: App-ocolypse Now: iPhone Fart-App Wars have Begun. Seriously. — iPhone Tricks, Tips and Hacks

Mon, 16 Feb 2009 21:36:34 +0000

[...] iFart Mobile creator shocked – shocked! – at audacity of competition (crunchgear.com) [...]

By: iFart Mobile creator shocked - shocked! - at audacity of competition [del.icio.us] — iPhone Tricks, Tips and Hacks

Mon, 16 Feb 2009 21:21:15 +0000

[...] iFart Mobile creator shocked – shocked! – at audacity of competition (crunchgear.com) [...]

By: David D. "Griff" Griffith

David D. "Griff" Griffith — Mon, 16 Feb 2009 17:21:25 +0000

Exactly!

By: David D. "Griff" Griffith

David D. "Griff" Griffith — Mon, 16 Feb 2009 17:18:53 +0000

Hilary,

While completely sympathetic to your situation, and having lived in several countries with differing social, cultural, economic and legal systems, I fail to see any connection whatever to my comment. On a slightly larger scope, I fail to see any relationship to the situation I commented on either.

By: Steve

Steve — Mon, 16 Feb 2009 14:43:09 +0000

That’s press not pres.

By: Steve

Steve — Mon, 16 Feb 2009 14:42:52 +0000

The whole thing leaves a rotten taste in my mouth about Joel Comm.

In fact, I’ve always had that bad taste….. What a shocker.

What a bad case and bad pres for the iStinker.

By: hilary

hilary — Mon, 16 Feb 2009 11:25:49 +0000

That means you have a legal system that is working. That it takes time and money for frivolous suits is prbably annoying, however in countries like South Africa where you cannot sue for this kind of stuff it has deeper implications for seemingly unrelated stuff. Not being able to sue anyone for not providing the service they promised or at least it becomes a horrendously expensive thing to have to do. I got a new mobile phone contract with one of the Local yokels here called MTN, who are largly owner by the govt. The govt does not care about the people so the MTN company does not either. So be thankful you have the legal system you have,

By: Daniel Larsson

Daniel Larsson — Mon, 16 Feb 2009 01:42:16 +0000

Ok, I don’t really care. What I want to know is; Who can I sue for people spending creative time and money on applications such as iFart??

By: Chris J.

Chris J. — Sun, 15 Feb 2009 22:52:33 +0000

“… Van Gogh died before receiving the notoriety he deserved.”

no·to·ri·e·ty (nt-r-t)
n. ill fame; the state of being known for some unfavorable act or quality

http://www.thefreedictionary.com/notoriety

By: pete

pete — Sun, 15 Feb 2009 22:52:31 +0000

His court filing is clearly a last grasp, an act of desperation. Maybe he can get lucky if the judge is asleep.

Even if “that phrase is so common, [Joel's] been using it since [he] was a kid”, like he says on his blog comments, that does NOT preclude someone from naming their product with the name, and using trademark protection for this specific use.

Otherwise, I may as well name my computer company Apple ComputerS because the words Apple and Computer have been around since i was a kid. (giant duh!)

Yes, you CAN trademark common phrases for specific trade uses. Joel loses. bummer.

By: pete

pete — Sun, 15 Feb 2009 22:39:50 +0000

Favorite part of the court document is the CAPITAL LETTERS TYPO on page 10:

PULL QOUTE: “This app is a work of art, it’s pure genius! the UI is great and easy
to use….

By: Fart Wars: When Good iPhone Apps Go Bad | MMM

Fart Wars: When Good iPhone Apps Go Bad | MMM — Sun, 15 Feb 2009 20:04:56 +0000

[...] Oh, sure those fart applications for the iPhone are lots of fun. But what happens when they do battle? [...]

By: Dave

Dave — Sun, 15 Feb 2009 18:52:55 +0000

Doesn’t anyone read? It’s not a lawsuit, it’s a Complaint for Declaratory Judgment. Comm just wants PMF to go away and stop threatening lawsuits over use of the phrase “pull my finger” as a “tag.” PMF’s the aggressor here, Comm’s just fighting back.

By: brian

brian — Sun, 15 Feb 2009 18:41:05 +0000

lawsuits = free publicity and mentions on techcrunch. both parties win! That’s just smart marketing. Congrats to both!

By: Michael

Michael — Sun, 15 Feb 2009 18:24:07 +0000

I think I would’ve skipped most of pages 2-6 in the declaratory judgment; unless the judge skipped the fifth grade he or she will understand.

Pardon the pun but Air-O-Matic’s claim stinks: the judge should grant this, along with fees. Between this and the AP claim against the freehand drawing may be based on one of their photos (which might or might not be owned by them) of Obama at a public rally I’m tired of seeing over-reaching IP claims on what are clearly people trying to usurp IP in the public domain.

By: David D. "Griff" Griffith

David D. "Griff" Griffith — Sun, 15 Feb 2009 18:09:39 +0000

The judicial system is bent, and broken beyond all proportion, when something like this can even make to a hearing.

Suing to avoid being sued, calling it proactive offense in advance of a reactive defense in order to preserve venue. Any judge would have to ask the real question; Are you all nuts?!

After several exchanges on Twitter yesterday with iFart’s legal representative I concluded that this is all a bunch of gas and hot air!

@DDGriffith

By: Shawn

Shawn — Sun, 15 Feb 2009 14:37:42 +0000

Hey screen sleuth,

Joel Comm does actually have lots of xXx $ gUaP $ xXx to throw around like that. That’s the man that talks about making mad paper off of Google AdSense. He even gives you a sneak peek of his house a little bit on YouTube, and even the mini movie theatre he has too. So yeah, this legal battle is putting $$ in his pocket, one way or another !