DoxWrangler
Heliman
Location: At a flying field near you
My Posts This: Topic Forum | Glad all is well, good to hear. I'd hate to think an issue like this would cause someone to have ill health.
However, trademark and copyright law are tied at the hip. Simply because you sold something with that name attached to it doesn't mean you own it. You also don't have to register said name (USPTO), but in the case of confusion, a federally registered TM beats out a "common law TM" any day of the week and twice on Sunday, but I digress.
I suppose since you mention a history, you can prove a business right to said name (typically this is with a business license stating your defined purpose). But, whatever. Your first post on a "canopy condom" is in 2003 and then in 2004 as quoted below.
| Quote |
| rckrzy1 - 5/8/03 - I use my own canopy condom (TM) that my wife makes to cover the canopy only.
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| Quote |
| rckrzy1 - 9/2/04 - My wife makes my canopy condoms. I might talk here into making
some but what would one be willing to pay? She is no seemstress
but makes em Ok for me.
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Looks like you weren't even sure on it then. Simply because you attach a TM to something doesn't mean you own it. In short, the purpose of the TM is to distinguish goods from one manufacturer to another. Since you said "your wife" made these, it's really her issue and not yours. Secondly, just making them for friends doesn't really qualify you as a "manufacturer". Unless of course your wife had said business license as previously mentioned. But, back to the original point, your quote said you "might talk here (her<sic> into making some but what would one be willing to pay?"
You mention compromise, but you came out blasting with both guns calling them "thieves". Honestly, if you and I were had never met and you walked up to me and called me a thief in front of a large group of people and then tried to back pedal and offer a compromise, I'd tell you to stuff it. Honestly, your approach dictates your outcome. Again, that's me and this issue is up to them. Have you contacted them? I hope you weren't as aggressive if you had.
Ultimately, I'm here to help anyone and I'd hate to see you or them get into a pissing match over something so stupid as a name, regardless of who "owns" it. |
