Welcome to Good Mythical More. The world of trade markery can be pure malarkery. Yes. You wouldn’t believe it, so let’s explore it together. Whoo, watch out. But first, let’s do a new selfie face, how about that? This one’s called, “I drank the soap again.” I’ve seen complaints that all the selfie faces kind of look the same, it’s one of my least favorite wheel endings, so we really gotta bring it with this one. What is it, what is it again? I drank the soap again? See, I got closer, that was different. Yeah, yeah, yeah, that’s a good one. That’ll resurrect the whole bit. Um-hm. That’ll do it, that’ll get them on board. It says on here, “Shake well, four times.” Yeah, don’t do more than four times. “Before use, then remove cap.” I just request that if I do the little double clap, if you’ll just cream me. Thank you. I earned it for you. You gotta work on your technique a little bit. Okay, I think I’ll go totally. I don’t wanna get messy. I don’t wanna get messy. All right. Hey. Let’s hear the first one, Stevie. We know what to do, some of them are gonna be fake. Yeah, these are, I mean, you could trade mark anything these days, come to find out, or can you? I think there’s restrictions. There’s a limit to the madness. Okay, we’re gonna tie this first one into the main episode. Okay. The curl on top of the Dairy Queen soft serve, is that trademarked? Uh. And you’re not talking logo, you’re talking like on an actual thing of ice cream? Oh yeah, the actual curl. I’m trying to think, what’s the difference between. Wow, immediately my mind is blow. A copyright and a trademark is, I think this is malarkey. A copyright is more of like a work of art, an expression of an idea, right? Yeah. Whereas a trademark is like, but either way they’re both legally protected. I don’t think you can trademark that. Because I think a trademark is something that, it’s something that you use in trade that only you can use. So it signifies you, and protects other people from basically impersonating your brand, your trade. Yeah, so a copyright protects original work, whereas a trademark protects items that distinguish or identify a particular business from another. So you’re agreeing with me. Oh, I’m just literally reading the. Yes, I will come on your podcast. Oh, gosh. I don’t think it’s guest based, unfortunately. Okay, so you both do not think the curl is trademarked. So you would both be wrong, because it is trademarked. How is it trademarked? The cone with the curl on top, often referred colloquially, as “The Q,” is a part of Dairy Queen’s trademark iconography. Literally this little thing at the very top. Yeah, but, but, not on, it’s not. Cause you went like this, That’s not how they do Dairy Queen. They stick a thing under and it goes like this, bloop, it just builds it. It’s all one thing, it’s not twisted. Yeah, but then, okay. Dairy Queen is. Yeah. A solid thing, and then it does it the top, and then they, oh man, they dip it in their chocolate. But. I gotta go to Dairy Queen more. But as iconography. Colloquially As like a logo, yes. I can’t say that word. But like on the actual ice cream, no. So I think we’re both right. Colloc, colloc, quially. Colloquially. Colloquially. Yeah. They trademarked like a logo. That’s a weird word. It’s kinda like. No, I think if you start an ice cream place, and you put a curl at the top of thing, they can come and say “You can’t do that.” Yeah, they just come, they slap it off, slap it right off. Wow, okay, well we’re both wrong. I could be the guy that goes around to all the other ice cream places. Oh, shoot. And licks the curls off the tops of the. See, that’s why you shake it with the cap on. Yeah, right, right, right. I just figured that out. I’m trying to pinky it. That’s a good, that’s a good amount. That’s a good technique. The sound of opening a Coca-Cola can. You can’t trademark that. You can’t trademark, well, you can copyright the sound. You can copyright, no you can’t copyright a sound. An expression, it’s an expression of an idea. You can’t, there has to be, you can’t copyright a sound. Could I write a poem that was just me going “Kacha.” And then be like, that’s my poem, and you can’t. I mean, maybe that is, but that’s not a sound, that’s written. Well. Kacha, have you heard of my new poem? Kacha! That’s it, it’s like haiku, but way shorter. That’s like Lighting McQueen man, that’s already been copy written. No, no, no, no, no. Kacha, is different than what he does. What’s he do? Mm, he does it with a Owen Wilson sound. You don’t know what it is. Kachaw, what does he say? Pachow. Kakow. You’re getting closer. Kapow. What does he say? I don’t retain Pixar. What did you say, for you? Kacha. And then, if he changed the -cha to an -ow. Ka-ow. But keep the -cha. Kachow. Yeah, okay. Yeah, I do Kacha. Okay. Are you using this more, you’re submitting things to be copy written and trademarked, is now what’s happening? As if this is a. Yeah, yeah, yeah, yeah. He’s trying to be original. Great, great, great. My new poem, Kacha. Poeem, poeem. My new poeem, Kacha. Oh, oh, do we need to give an answer? It’s malarkey, you can’t do a sound. You can’t, cause the sound of opening a Coke is the same as opening a Pepsi. Yeah, that’s good point. Yeah. Yeah, we could have just said that a long time ago. Opening a can is kind of the same, all right. And also that requires the consumer to interact with it, whereas the curl on the top of the Dairy Queen is something that the company is controlling. Um-hm. It’s like taking the ice cream, and then a customer licking it on one side and being like, “This is trademarked Dairy Queen,” you can’t do that. We should be lawyers. We’ve got a trademark, don’t we? We’ve got. Yeah. We’ve got, we’ve registered mythical. Mythical in certain categories. Categories. We’ve got a number of categories. Because actually I think you have to demonstrate that you are operating as a business in that particular category. We had to go through all this with our lawyers, our cadre of lawyers. Um-hm. Yeah, and it took some time, and ah. Money. And some money. Yeah, right. And now we’re gonna have to go back with Rhett’s poeem. Yeah, add Kacha to the list, to the itinerary with our next lawyer call. The Carlton Dance, regularly performed by Alfonzo Ribeiro. Friend of the show. On The Fresh Prince of Bel-Air. I think I heard that he tried to get this copyrighted, or trademarked, even if it didn’t succeed, but there’s some story around this. I’m gonna say that he succeeded, cause he’s a friend of the show. Can you trademark dance? I don’t know, I’m thinking of like those, there was a controversy about the dances in, um, what’s the? What’s that video game that the kids were playing? Fortnite? Fortnite. Oh yeah, yeah, yeah, yeah, yeah. Fortnite dances. The Fortnite dances. Yeah, so that was a thing. So how you move your body is trademarkable? I’m saying it is trademarked. Cause sometimes they say like a player has a trademark move, but then other players start doing it, and that player isn’t like, “You can’t do that move cause I trademarked it.” Yeah. That was just an expression. It’s colloquial. Colloquial. Colloquial. Colloquial, yeah, it’s no, he did not succeed. Oh, man. But he tried though, right? Yeah, and now that you say Fortnite, I feel like it had something to do with Fortnite, too. Oh yeah because the Carlton dance was in Fortnite. Yeah, but no, it doesn’t look like it was successful. And he was like, “Ho, ho, ho, ho now, I invented that.” That’s what it was. Give me some of that. Still a friend of the show. Give some of that. No, actually after you try to trademark something and you fail, that’s when we separate ourselves from you. Yeah, we can’t have you back. Oh, no longer a friend in the show. Unfortunately. Yeah, yeah. We wish him the best though. Have you seen the new Fresh Prince of Bel-Air, it’s an hour long? I don’t know if it’s out yet, actually. Whoa, it’s a movie? No, it’s a new show. Not quite a movie. But it seems to be a lot more dramatic, it’s gritty now. Now you mean it’s a hour long drama? Yeah. The whole season? Yeah, TV. Of TV? Of TV. Wow, they’re still doing that? Well, I mean it’s probably streaming, I don’t know where it is, not a sponsor. Paris Hilton’s iconic catchphrase, “That’s hot.” “That’s hot,” is that how she says it? “That’s hot,” yeah. Or it is it like, “That’s hot.” She says colloquial. You know, every time Paris. “That’s hot.” Pops up on something. “That’s hot.” I’m like, you know what? I didn’t like her when you were supposed to like her, but I think I like her now. Huh. Was that? Did you make that noise, or did this? Listen, if I’m gonna get Instacreams, they gotta be insta. Well, my. Do something different. My Pinky’s not activated. I trust your technique, man. That was good. “That’s hot,” malarkey. You can’t. Malarkey. You can’t trademark. You can’t trademark a dance, you can’t trademark a catchphrase. Come on, you can trademark a catch phrase, cause she did, and she sued Hallmark for using the phrase in a greeting card. Did that work? I’m assuming so. I used to like Paris, a second ago. Cause I didn’t get my annual birthday card that said “Happy Birthday, that’s hot,” in it. No longer a friend of the show, Paris Hilton. No, she is a friend of the show, she succeeded. We’re only friends. Yeah, okay, yeah. Paris, any time you want to come on, that would be hot. Well, shoot. Blue Ivy. The name of Beyonce and Jay-Z’s firstborn daughter. Trademark the name of a child? Um-hm. It sounds like something they’d try to do. It definitely, yeah. Friend of the show, both of them. I don’t want people being, I don’t want people to name their kid to steal my kid’s name, it’s like very. That sounds like, yeah, I think they would go for that. Whether it worked or not is another question. Well, they tried a bunch, but I’m happy to report, they eventually succeeded, so it’s real. In certain categories. Yeah. Wow. And they did it to prevent people from profiting off her name and like likeness, colloquially. That makes sense. So it’s like, “Oh, I’ve made a Blue Ivy clothing line,” that has nothing to do with this girl’s name. Or even like “Come into my garden “and see all the Blue Ivy.” We should trademark Blood Oath. Blood oath. Which we’ve made into a comic book, we’ve been talking about it, we just can’t shut up about it because we’re proud of this thing. We wrote it, we collaborated with Fantunes to make this thing. Crazy story. It’s got two different covers, you don’t know which one you’re gonna get, because this is the two different ways that this particular creature, who you will learn about if you read the comic, can manifest himself. It’s the latest quarterly collectible item only available to Mythical Society members. You can join 3rd Degree Quarterly or Annual Plan, by March 31st to get your copy. Visit mythicalsociety.com for details. This is the only way to get this thing. The hashtag. trademarked by Twitter, where it was first used as we know it. Getting a little sloppy. That wasn’t nice, man, you got it on my jacket. Get it off my jacket. I was just trying to go fast. Get it off my jacket. I’m good at this because I know how to clean up dog poop. The key is don’t rub it in, it’s like. Rub it out. You rub it out. You don’t wanna rub the dog crap into your rug, you wanna like scoop it out of the rug. Don’t rub it in. Rub it out. Rub it out. Yeah, I’ll get it. That’s not coming out. Hold on, there’s some right here, too. Okay. The hashtag. The hashtag, just the hashtag? Yeah. The hashtag? Well, first of all. The hashtag, you’ve been on push button phones. Exactly, that’s what I was getting at. You can date yourself by, what did you call that when we were growing up? Press pound, pound sign. But they, if you’re on hold they still say press pound. Yeah, but I told my kids that and they were like, “Dad, that’s not true.” Like they didn’t even believe me. Cause they’ve never been on hold in their life. It was like, “No, that’s a hashtag. “What do you mean pound? “You sound like such a boomer, Dad.” Pound is what it was. I bet you it was trademarked before somebody found a way to use it on social media. And that really that explains the time. Was it Twitter? That explains the time my dad came into the room and saw my mom, and he was like, “Pound, that’s hot.” What? It fully explains it. Cause it was like #that’s hot, he didn’t understand. Um. He didn’t really understand that you was supposed to say hashtag. Yeah, neither do I. It’s fake, it’s not trademarked. That was the joke, oh, I happen to be . But you can trademark a hashtag phrase. Good. Like Nike’s #makeitcount, which for some reason I’ve never heard of. Make it count, #makeitcount. This one is interesting. Can I even say it? No. We’ll find out. Nike, a friend of the show. Chipotle’s signature method of wrapping a burrito. Signature method of wrapping burrito? I have inside information here. I happen to know how Chipotle wraps their burritos because I’ve been to Chipotle, and I’ve watched them rap them. But is it anything different than just the right way to? It ain’t nothing different than how just. Are they doing it differently at Mo’s? Welcome to Mo’s! We do it different, #sohot. I betcha Welcome to Mo’s is trademarked. Is trademarked. Try saying that at Chipotle. See how quickly that gets you thrown out. I don’t think so. I bet you could get lifetime burrito’s at Mo’s for going in there and saying you were thrown out of Chipotle for saying “Welcome to Mo’s.” Probably not. No. Malarkey. No, this is malarkey. Yeah. Okay, good. But it sounded like a possibility. Yeah, I mean I was confused. I mean it sound, yeah, it sounded pretty cool, but no. I mean after the thing on the top of the Dairy Queen soft serve. Which I think is BS. Well. Dairy Queen, friend of the show. And finally, like this one you know the answer to, and going all the way back to your poeem, that sounds can’t be trademarked, the Law and Order dun-dun sound. Ooh, that’s musical though. Think its dun-dun-dun. Is there two duns? Two duns. Dun-dun, yeah. That’s trademarked. Definitely trademarked. We couldn’t put that in like, we couldn’t have that in GMM, at the end of every GMM it couldn’t be like dun-dun, you know. Yeah, yeah. Yeah, you can’t do that. It’s trademarked. You can’t do that. It’s trademarked, or it’s copyrighted? Cause that’s where it starts to get a little squirrely. Trade, it’s a trademark owned by NBC Universal. But that’s a good question. Dun-dun. You know, you can go to school for three years in addition to college, to learn all about this stuff. Trademark law? What all this was leading to actually, it was sponsored by the three additional years of school that you could go to. Uh-uh, right. Law school, friend of the show. Go to law school, go to law school. We’re now sponsored by a law school. We won’t be there. Join 3rd Degree Quarterly Or Annual by March 31st to get Mythical’s first ever comic book. Visit mythicalsociety.com for details.