Since the phrase (?) is becoming down right well known, should Opal register “3. Hi Opal!” as a trademark or should she copyright it?
For that matter can she do either?
I have heard of students that are putting it on tests, and businessmen putting it in letters. I see it on other message boards. Can it be long before Madison Avenue discovers it? Shouldn’t Opal protect herself?
TV
Well, I’ve never seen it anywhere but on this message board, but assuming that it has spread like that: She can’t do anything with it. Prior art. If it’s already common usage, it can’t be trademarked or copyrighted.
Ok, who wants to pay me for some licensing rights so you can keep using it? I’m thinking $150/year per person…
ROFL!
I’ll pay, but it’ll have to be in KneadyBux™, redeemable only at the ride booth.
TV Time, ahem, cite please? I’d like to see specific examples of “Hi Opal!” being used somewhere else. I know I like to put them on drafts of outlines, but it’s nothing I’d ever submit.
Honestly, I don’t think it’s universal yet, but I was having coffee with a couple of profs from a university not that far from here and they got to talking about it (one had it appear on an outline for a research paper and the other had it appear on a quiz) and they had no idea what it was. I laughed and explained. They just looked at me blankly.
And I am not sure where I heard of the businessman having it on an overhead, but I know I did (could have been with the same two profs - but I’m not sure).
Probably just a ground swell now, but we want Opal to have the rights to those T-shirts when it takes off.
TV
I admit I am confused by the whole Hi Opal! thing, in spite of the fact that I have been seeing it since I registered on this board.
Please could you explain it to me as well before curiosity drives me nuts!
Abe
You can’t trademark “Hi Opal!” since it’s not being used to sell a good or service.
You can’t copyright it because short phrases can’t be copyrighted.
If you wanted to try something, try a copyright however. It’s a lot cheaper. Trademarks are a lot of work and quite expensive.
I heard a similar discussion on the BBC a couple of nights ago as to whether they could copyright “You are the weakest link”. The considered opinion of the invited lawyer was that individual words or phrases cannot be copyrighted (brandnames being a difference case), but they could copyright a particular visual presentation of the phrase.
So I guess if “Hi Opal!” were to be made into a design/logo, she’d be in business …
I remember when the Bulls were on their way to winning their 3rd championship (back in the day, boo-hoo) and I heard that some guy copyrighted(sp?) the term “three-peat”. Was that just bunk?
Well, “three-peat” is different because it’s not (well, at that time) a real English word. He made it up. Therefore, he could probably trademark it. It wouldn’t be considered a ‘short phrase’ because it was never used in English before him. Dunno if it’s true, though.
Jman
It started when the SDMB was on AOL. I do not remember at the moment whether it was in one of our periodic “Pet peeves” threads or whether she opened a new thread for the purpose, but OpalCat once posted that a pet peeve of hers was seeing lists that ended at two entries. It was her contention that if there were two entries they should just be conjoined by and, and that a true list required at least three entries.
Some smart-ass then posted a two-entry “list” and added a third entry that just said “Hi, Opal.” Several other people picked up on the idea. Shortly thereafter, folks who had three-entry lists began padding a fourth entry by including “Hi, Opal” as the third entry. After that, it became de rigeur to simply post “Hi, Opal” as the third entry in any list, regardless how long.
OpalCat, do you say “3. Hi Opal”?
I thought that was something other people said, not OpalCat.
If it’s something someone says about her, then that other person could copyright it, but not OpalCat, since OpalCat does not say it.
many thanks Tomndebb, armed with your response I was able to find several instances of “Hi Opal” and its correct application. The depth of content of these boards is such that an official historian or anthropologist is required!
Actually, it wasn’t so much that I brought it up one time, it’s that I was in the habit of doing things like this:
We need to buy some new furniture:
And eventually that “fake third item” thing became something of a tribute to me when other people started doing it. At first people would do things like this:
We need to buy some new furniture:
Eventually people just started putting “hi Opal” instead. And it stuck.
hmm… think I should start a http://www.cafepress.com store with “3. Hi, Opal” logos on the merchandise? ROFL… (hey, it’s free to me, all I do is upload a graphic)