Re: [CH] Re: Evil corporate types
Tina Brooks (shoestring_louise@yahoo.com)
Mon, 2 Jun 2008 17:40:17 -0700 (PDT)
Not sure why I might think the restaurant won... http://www.tabascochili-war.com/english/index.php
I'm pretty sure that Ms. Pucher believes they won.
As
for whether or not I spent a great deal of money on my trademarks... I
have spent an exhorbitant amount of money on Pepperfire, and you well
know it. I didn't spend it fighting to own the trademark. I own it and
if the guy who the Trademarks office says owns it, wants to sue us,
we'll fight him in court... without a lawyer and we'll win.
With
all my trademarks experience over the past five years, the FIRST thing
I would tell anyone in the food business who is asking whether or not
they should register their mark, is that unless they are willing to
fight to the death to KEEP their mark, not to bother, it's a waste of
money and the rules of first use will win EVEN if you already own the
mark.
T
=====
Tina Brooks
VP Marketing, Peppermaster Hot Sauces <a rel="nofollow" target="_blank" href="http://www.peppermaster.com">www.peppermaster.com
</a>Brooks Pepperfire Foods Inc. <a rel="nofollow" target="_blank" href="http://www.pepperfire.ca">www.pepperfire.ca</a>
Phone: (514) 393-3430
26 St. Jean Baptiste, East
Rigaud, Quebec, Canada
J0P 1P0
Network with me on <a rel="nofollow" target="_blank" href="http://www.gourmetbusinessforum.com/">www.gourmetbusinessforum.com</a> -- The premier online business community for food professionals
<em><font
color="#ff0000">Many persons have a wrong idea of what constitutes
true happiness. It is not attained through self-gratification but
through fidelity to a worthy purpose.</font> <font
color="#4040ff">Helen Keller</font></em>
----- Original Message ----
From: "jim@wildpepper.com" <jim@wildpepper.com>
To: Tina Brooks <shoestring_louise@yahoo.com>
Cc: chile-heads <chile-heads@globalgarden.com>
Sent: Monday, June 2, 2008 8:18:50 PM
Subject: Re: [CH] Re: Evil corporate types
Again ma'am, you are not even close to being factually correct.
Repeating it doesn't make it so :-)
There was no "lawsuit" as in a 'court hearing'; there were a series of
letters from attourneys and it was settled out LONG before it got to any
court. The restaraunt was clearly stepping on the established trademark
as any high school law fan could see. Heck, it'd probably only take a
couple of episodes of Boston Legal to get to that degree fo competance
:-) They changed their name- doesn't sound like 'they won' to me ;-)
It is totally irrelevant that it was a "restaraunt" vs a "hot sauce" as
Tabasco holds trademarks in BOTH categories, as well as several others.
They operate a Tabasco Deli which clearly falls into the 'food service'
category.
That argument- that it's a place name, not a sauce- holds about as much
weight as if I'd come out with a line of "Campbell's Soup Kitchens" and
try to claim that I'm simply using my name. I don't think that would
fly either ;-)
-Jim
http://www.StepUpforCharity.org