Re: [CH] Re: Evil corporate types
jim@wildpepper.com
Tue, 03 Jun 2008 08:01:29 -0400
As Tina *very* correctly pointed out, unless you're willing to spend a
ton of money & fight to the death, trademarks aren't much use. There's
a "From Mild to Wild" (pretty close to my name, eh?) I know about. His
attitude is 'see you in court if you feel that strong about it'. Had my
lawyer (a PART TIME one, Rael!!!) draw up a letter. Just doing that was
a couple of hundred dollars. He was then talking thousands to take it
to filing status. Who's got that kind of money?! Especially since I
can't recoup any significant portion of it, even if I won. Defending
your mark is a sure way to get poor in a hurry... unless you're a lawyer
;-) The whole idea behind me trademarking mine was so that someone else
couldn't come along and tell me I couldn't use it.
She's also right about "prior use" holding significant value. It's not
absolute though- there are ways you must prove 'prior use'; basically
you must show that you used it in transactions, prefered inter-state,
are active under it, and show continuous use. Failing any of those,
your prior use can still get trumped by someone with a stronger case...
or more money for lawyers ;-)
-Jim
Mild to Wild Pepper & Herb Co(R)
http://www.wildpepper.com
http://www.StepUpforCharity.org
Disclaimers: I don't watch Boston Legal, didn't stay in a Holiday Inn
Express last night, and only know what my lawyer tells me. Of course,
finding a difference of opinions among lawyers is as easy as breathing!
Full business name and website appear under my signature only because of
the relavence of the topic.