New Age Philosophy? Any Age, Is It Worth the Gamble?

Last Update: August 12, 2011

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If you can, let them save face. It’s worth a try. Lead with love and all that nice stuff. You know, give them the benefit of the doubt.

 
Well, I’m giving that a shot with trademark poachers. Make no mistake about it. I am very annoyed that they have the moxie to steal a name with a TM on it. I’m very annoyed that they’re taking up my time having to chase them. That’s “stealing" my time.

 
It’s not just moxie, it’s stupidity. If it’s a brand name, why take the chance? If I wanted to use a brand name that much, I’d call and ask permission. If the company says no, then that’s it. I don’t want to worry about it. I know there have been questions in the Forum about using Kindle in a domain name. You may disagree with me, but I’d want Kindle’s permission, and I’d want it in writing.  And you don’t take a name just because it’s different and cute when it has a TM on it.

 
Here’s why you must protect your trademark. First reason, because it belongs to you. Second reason, because it belongs to you. Third reason, because it belongs to you.
 

If someone steals your trademarked name and does business under that name, then everything they do is a reflection on you. You might even get sued because of something they have done. Their actions can severely impede your business. They can destroy your business. Or they can “take” your business. Not as in fair trade competition, but as in assuming your identity. No difference between stealing a trademark and identity theft. You cannot allow it. Be very careful not to steal other people’s property. It is u-g-l-y, nasty business. I don’t like it.

 
I have several trademark infringers. Can’t ignore them. Have the option of calling my attorney or initially approaching these infringers myself. Against my sister’s and the US Trademark Office’s better judgment, I opted to call the infringers on the phone and get them to drop the name. Everyone of them has claimed their innocence. They didn’t know they couldn’t use the name. They don’t really care about the name anyway. Every one has a story that saves their own face. Saving face is fine with me as long as they drop the name. And I’m making them put it in writing.


I’ll let you know how it goes. Btw, Google seems useless in these matters. There’s a question and answer section of Blogspot. Someone who has a blog asked Google what to do because she was approached by a site that accused her of infringing a trademark. Sound like she did infringe on their trademark. You know what Google Blogspot responded? They said a trademark is only as good as the owner is willing to defend it. I rest my case.

 

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burntout Premium
Joan, googles answer is sadly correct. It is up to the owner of a registered trademark to prove infringement or dilution and you are responsible for bearing that cost. There is rarely any monetary award if you do win although you may recover the cost of your suit if successful. Here is a link that may help you in yourconsiderations http://www.bitlaw.com/trademark/infringe.html#remedies Best of luck in your efforts and I wish you every success.
jatdebeaune Premium
@Labman: Thanks for the cheer Craig. I'm on it.
@slayton1s: Decided to start by offering an amicable solution. If it doesn't work, then the lawyer will be brought in.
slayton1s Premium
You should talk to your lawyer and figure out how to handle it without going to far with it. I hate it when people steal information like that. Just curious, what's the code for? I'm guessing it's supposed to be a video.
Labman_1 Premium
So, I guess you don't like Trademark thieves. Go get 'em girl.
Hope you'll let us know how it turns out.
jatdebeaune Premium
Sorry about all the code in the beginning. I used Word by mistake and didn't feel like re-typing.
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