Re: Re: Re: Re: trademark infringement

Subject: Re: Re: Re: Re: Re: trademark infringement

Comments:
: : : : : Would a famous computer software manufacturer have a case against a used car lot if the used car lot had the same name as the computer software manufacturer? : : : : In the PTO, as the law presently stands the makr might be registerable. There is a new antidilution statute enforceable in the courts that might cause trouble. There also may be causes of action for unfair compeition. Don't look for trouble. It is expensive. : : : : M. Arthur Auslander : : : : E arly L egal A dvice I s N ot E xpensive : : : : ELAINE's Workshop (sm): : : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : : 505 Eighth Avenue, New York, NY 10018 : : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : Too late. I expect to be served with papers tommorow. : : : My argument is that even though the Mark is very recognisable, my wares are not at all similar, not purchased impulsively and they are purchased for thousands of $. The fact that my wares are 1-usually the second most expensive items people will buy (next to their houses) 2- being purchased from a gravel lot with a sales trailer on it, the chance of a person thinking that there is a relationship between the two companies is highly unlikely. : : I have not suggested that you can't prevail. What you say makes sense. Win or lose, it looks as if you ar going to pay through the nose. Laws fair or unfair, right or wrong, have to be dealt with. Most litigants cannot afford to fight a big company. What I am saying deals with the reality not the law. Unless the legal action is outrageous there is seldom recourse to the winner for attorney's fees. : : This has always been true. Why did Shakespere say, "Kill the Lawyers"? : : M. Arthur Auslander : : E arly L egal A dvice I s N ot E xpensive : : ELAINE's Workshop (sm): : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 505 Eighth Avenue, New York, NY 10018 : : 212-594-6900, fax 212-244-0028, aus@auslander : Your advice is sound. I've always been the type who cuts off his nose to spite his face. I do not think that I could face myself in the mirror if I were to let this company tell me what I can and cannot call my company. Just because they have alot more money than I do does not give them the right to ignore my rights. : I live in Canada so that I may (if the laws permit me) do whatever I please regardless of my social or financial standing. : I have yet to receive the official papers that would start proceedings against my company. I have sent letters and e-mails to both the President of the company as well as his lawyers. : Hopefully common sense will prevail. Should they deceide to go ahead with their case, you will definately hear my response. My next step would be to take this dispute to the court public opinion. : Thanks again for the advise. : David Cousineau

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