Members scubyfan Posted June 4, 2004 Members Share Posted June 4, 2004 http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=44oslt.1.1 Don't change any of the choices. Just put in the name of the trademark and hit search. Link to comment Share on other sites More sharing options...
Members The Audacity Works Posted June 4, 2004 Members Share Posted June 4, 2004 There's a huge difference between getting sued and losing a settlement. Anyone can sue anybody for any reason. Winning is another thing altogether. Actually, the law (as opposed to empty threats) is very rarely ever applied in these cases, and there isn't really a precident that I'm aware of Link to comment Share on other sites More sharing options...
Members MorePaul Posted June 5, 2004 Members Share Posted June 5, 2004 Alien...I'm thinking the best way to approach it might be to respond to them simply that you don't believe they have claim over your use and give contact info for their legal deptarment to contact you. Since you non-USA, that is in your favor. The domain name (which is what I assume they are most concerned with)...well, I'm not sure where that falls (I suppose it matters where the owners of the server operate and I guess.net is consider USA...though a Intl computer law guy would have to field that) One possible tack is to claim that you are not using the name in trade (you are not claiming trademark), but are using it in as part of the overall presentation -- so that it won't cause consfusion in the mind of the consumer (you are, in essence, claiming copyright and showing no trade intent - much like artwork for abondoned trademark may still be under copyright -- it's use dependant)It's not like they still can't claim improper use of their trademark, but it does give you some traction (Esp coupled with the other concerns) If you want to throw them an olive branch, you could alwaays offer to put up a link to their site "looking for the metal geeks..ugh I mean metal band? " Link to comment Share on other sites More sharing options...
Members MorePaul Posted June 5, 2004 Members Share Posted June 5, 2004 Originally posted by audacity works Actually, the law (as opposed to empty threats) is very rarely ever applied in these cases, and there isn't really a precident that I'm aware of Link to comment Share on other sites More sharing options...
Members scubyfan Posted June 5, 2004 Members Share Posted June 5, 2004 Are you a lawyer, Paul? Link to comment Share on other sites More sharing options...
Members MorePaul Posted June 5, 2004 Members Share Posted June 5, 2004 married to one brother's one, father's one.... I'm the engineer of the family (black sheep ) so I have to listen to this stuff over the dinner table, the holiday table...thee Sunday family phone calls I've had to work with legal a lot (ahhh, the boom days where dealing with technology startups weren't that different than bands - lot's of IP catfights in the 90s) Link to comment Share on other sites More sharing options...
Members scubyfan Posted June 5, 2004 Members Share Posted June 5, 2004 Sounds fun! Link to comment Share on other sites More sharing options...
Members AgtOrange Posted June 5, 2004 Members Share Posted June 5, 2004 Scuby, when I follow your link I get session expired. Thanks for trying though. It's about time I got off my ass and read up on the legal end of things. Link to comment Share on other sites More sharing options...
Members scubyfan Posted June 5, 2004 Members Share Posted June 5, 2004 http://www.google.com/search?hl=en&ie=UTF-8&q=trademark+search Click on the second highest link. I hate it when sites use expiration. Link to comment Share on other sites More sharing options...
Members SweetAlien Posted June 5, 2004 Author Members Share Posted June 5, 2004 Well, I haven't got any other emails from them. I didn't reply and I'm not going to unless they contact me again. But, considering the fact that they didn't manage to spend 10$ for any other domain like .biz, .us, or.info, I'm not talking registering trademark, that costs, as I understand, 335$, I really doubt they are able to spend thousands $$$ for the lawyer to represent international suit. I think they were just regularly pissed off seing few other Etheria links in the search engine, so they decided to give it an easy try - intimidate me. But since it didn't work I believe they'll give up and I won't hear of them again. I'll update you if they contact me again, though. BTW, I just checked again - there are two other bands called Etheria, one is from NewJersey, another one, from Canada (broken up). I think if we hold on for few more month we might gather a dozen of other Etheria's from all around the world. Link to comment Share on other sites More sharing options...
Members The Audacity Works Posted June 5, 2004 Members Share Posted June 5, 2004 Thanks, Paul. There was also the Mission UK and Charlatans UK, though I believe all the aforementioned bands simply changed their names for American releases ahead of time Link to comment Share on other sites More sharing options...
Members MorePaul Posted June 6, 2004 Members Share Posted June 6, 2004 Originally posted by audacity works Absolutely, in a general sense, but when attempting to take someone down for using the same band name specifically, one has to prove that the public will be confused to the point of financial detriment. Unfotunately, they my have some amount of pull there b/c our boy is using the band name domain (which tends to be 'global' use of trademark...ie the brand identification isn't local) -- given that and they are both bands could spell troubleAs it's a ton easier to show potential confusion (unlike a local newspaper advert or playbill) with that sort of 'presence' I'm not sure if "etheria" would be considered descriptive OR suggestive (probably suggestive) which is also to our boy's detriment. Another problem is that the bar to show potential confusion (for a cease and desist) may easier to clear than the need to show actual financial detriment needed for monetary damages In our boy's favor, this band isn't famous enough to claim dilution Link to comment Share on other sites More sharing options...
Members MorePaul Posted June 6, 2004 Members Share Posted June 6, 2004 Originally posted by audacity works Thanks, Paul. There was also the Mission UK and Charlatans UK, though I believe all the aforementioned bands simply changed their names for American releases ahead of time Link to comment Share on other sites More sharing options...
Members Etcher Posted June 6, 2004 Members Share Posted June 6, 2004 I wonder how much it costs to take someone to court. See, at my work there's this other guy with the same name as me, but he's younger than me. I want to sue him for royalties. I demand 50% backbay on everything he's earned under my name- from his tooth fairy money to his last paycheck. Then he has to change his name to "Sally". Anyone know a good lawyer with imagination? Link to comment Share on other sites More sharing options...
Members MorePaul Posted June 6, 2004 Members Share Posted June 6, 2004 Originally posted by Etcher I wonder how much it costs to take someone to court. See, at my work there's this other guy with the same name as me, but he's younger than me. As we were talking...it's not merely a "first to use" (but it helps), but who has a stronger branded identity So I would suggest going to more bars and meeting more women...then when they ask for that "Etcher brand lovin' "...they expect the standard of service you give 'em....T THEN you have a case just hope that they don't bring up that they like your service b/c it' quick and not very invasive or perhap you two can conglomerate!!! now that could lead to some interesting stuff Link to comment Share on other sites More sharing options...
Members Etcher Posted June 6, 2004 Members Share Posted June 6, 2004 Originally posted by MorePaul As we were talking...it's not merely a "first to use" (but it helps), but who has a stronger branded identity So I would suggest going to more bars and meeting more women...then when they ask for that "Etcher brand lovin' "...they expect the standard of service you give 'em....T THEN you have a case just hope that they don't bring up that they like your service b/c it' quick and not very invasive or perhap you two can conglomerate!!! now that could lead to some interesting stuff ROTFLMAO!!!!!! :D :D :D Thank you, dude! That's gonna make my whole day go smoother! Rock! Link to comment Share on other sites More sharing options...
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