Trademark Wars: Lawsuits Filed Over Ownership of “Yuuup!”

I have repeated complained about the ludicrous scope of U.S. copyright and trademark laws in allowing people to claim common terms, symbols, and expressions (here and here and here and here and here and here and here and here). Now, R&B singer Trey Songz is in court in a dispute with Storage Wars personality Dave Hester over rights to profit from the word “Yuuup!”

Songz filed a counterclaim in Hester’s trademark suit against the singer and songwriter. Hester, who shouts “Yuuup!” as he bids on abandoned storage lockers and obtained a trademark on the term in December.

Songz, whose real name is Tremaine Neverson, insists that he owns the expression while Nester insists “Neverson’s [version] resembles an animal-like or nonhuman squeal which begins with a distinct ‘yeeee’ sound before finishing with a squeal-like ‘uuuup’ sound, and is distinct and different from Hester’s more monosyllabic-sounding guttural auction bidding phrase.”

What should be the focus is the absurdity of both claims and the continued expansion of trademark and copyright laws to claim ownership over common terms, expressions, and symbols. When will Congress act to end this nonsense?

As for the rival claims, you can compare and decide:

Source: NY Daily News as first seen on ABA Journal.

31 thoughts on “Trademark Wars: Lawsuits Filed Over Ownership of “Yuuup!””

  1. He doesn’t need the money, and any further notoriety on the subject would probably screw up his wife’s presidential aspirations, but former President Bill Clinton has a prettey good case for widespread infringement of his copyright on the word “is”.

  2. Raff,

    You’ve never heard my wife’s rants about Elmo… Let’s just amend that to ya gotta love OLD Sesame Street.

  3. Come on people, the patenting and copyright laws have given up the Pharmaceutical complex. Now Attorneys can make $millions from the contraindicated results of all the synthetic drug use. It creating jobs. You can’t patent natural substances, so you make them illegal and bring in the synthetics. Sorry for all the sacasim. People want to make millions from coming up with an idea. Libertarians are opposed to governments protections of IP. Under contract law the same thing could be provided for under, non-diclosure and non-circumvention agreements but those are hard and costly to enforce as well. Anytime you put something out to the public it surely opens the door to copying therefore it is part of the risk/reward. Many entreprenuers are now just trying to get the the market first, protecting themsleves as best they can and screw the Gov. IP protection stuff. Some believe that their are folks withing the USPO that are part of a criminal ring stealing ideas. You probably wouldn’t want to bet against that one. Who’s regulating the regulators?

  4. Perhaps there should be some discrimination in accepting trademarks and copywrights. The auctioneer should in a sae society ever have been allowed to trademark it in the first place.

  5. Since Sean “Whateverhisnameisthisweek” Combs made a career off of taking old songs and saying “awww yeah” over them, he might have interest in this suit.

  6. I would urge the attorneys to hurry up and ‘getrdone’. But someone might sue me.

    And does it matter whether we use a copyrighted term in commercial enterprise of in personal expression.

    What if I stumble and accidentally let out a ‘yeeeee’, but not directed at any particular person. Am I still in violation or will the attorneys give me a pass on that?

    What if a singer is really popular and widely known of the east coast and I eat too much bean dip and utter an involuntary ‘uuuup’ on the west coast where the singer is virtually unknown. Do I own the singer millions or is this some kind of act of nature?

    Look this is vitally important stuff. Without guidance who knows how many millions in copyright violations we could be racking up. Help! Unless that is copyrighted.

  7. There must be a fine imposed for the filing of a frivolous lawsuit. Instead of monetary it would be the reverse of what the litigant seeks. So in this instance he is banned henceforth from uttering the word Yuup or an iteration thereof. Plus court costs,

  8. I herby copyright the vowels a, e, i, o, u and sometimes y as well as these words; the and is.

  9. Yuuuup and Yeeeeeep. Throw it out. Such trademarks are silly, a waste of paper and time. Yuuuup did use his creativity to start something that others may want to imitate b/c they like it. He should be flattered.

  10. I arrived at the Vegas thread two days too late. So this is my crosspost from there. I obviously do so expecting it will contribute to the theme “going to Vegas with expectations”.

    1, April 18, 2012 at 7:52 am

    Fantasy or not?!

    A young group of four officers embark on a weekenc trip to Vegas. The impulse came from betweeb their legs, inspired by an article in Playboy, about an open to public nudist site with lots of tanning show girls.

    Well other than being off with a fiver (this was years ago), and gaining a controlled boner, there was little else done. Oh, the girls might have been amused by us, we were a laugh pretending to ignore them. We were officers and gentlemen, although we actually did not have that consideration in mind.

    On the way back, Phoenix produced the jackpot with two girls in a car. Being a loner, I took the girl in their car, and the others departed in my car.
    I was the loser of course, but the guys and the other girl were neat (literally).
    And they kindly offered upwarmed leftovers at the rendezvous the girls had agreed on. Didn’t have an appetite for leftovers. (Redacted raunchy line).

    An oddity?
    The bingo girl (I did not do) and I wrote letters for a while. I couldn’t help her honest appeals, so that stopped shortly.

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