Posted by Elmer B. Alinsog on June 02, 1997 at 13:15:05:
Dear Sir:
Situation and Business; Casual Wear Apparel:
I am a start-up company that have not made money yet. My company name is: EARTH...AND ALL THAT JAZZ COMPANY with logo; a deep blue Earth, a white silhouette of an 8 (musical) note in the middle of the Earth, and text around the Earth: EARTH...AND ALL THAT JAZZ COMPANY.
Problem:
A company in Southern California who are also in the same business sector with mine, claimed that they own the trademark of ALL THAT JAZZ, MORE=JAZZ, JAZZ II, and JAZZ SPORT. This particular company is engage in the same business sector with mine and they claimed that I cannot use the word "ALL THAT JAZZ" or "JAZZ" in business endeavor.
I am not sure that they have the rights to claim the word "JAZZ" because this word or term is a public domain. They might have the right to claim "ALL THAT JAZZ", but mine is called "EARTH...AND ALL THAT JAZZ COMPANY".
Question:
As a small potato, where do I stand on these issues against this big company that tries to bully you? I would appreciate any legal input from you on these aspects. Thank You very much!
Sincerely,
Elmer B. Alinsog
EARTH...AND ALL THAT JAZZ COMPANY
2328 Santa Catalina Street
Palo Alto, CA 94303
415-236-8153/415-856-2869
e-mail: elmer_alinsog@hp.com