Update! Freakin Trademark Infringement" Letter! We need a new band name!

[CaptainCrunch]

Originally Posted by Cowperson

The other side paid some real money to have a lawyer write you a letter.

You play publicly only every few months for a bit of cash.

It's a pure business decision. The fight isn't worth your time.

Have a naming contest on CP and move on.

Cowperson

I vote a%% Plunderers from Planet X

[troutman]

Originally Posted by jammies

Any doofus can get a lawyer to write a letter claiming whatever. Actually taking it to court costs real money some dude with a couple of songs and a myspace page is extremely unlikely to want to spend. I would ignore the letter and see where it goes before committing any resources of my own to defending myself.

Disclaimer: I am not a lawyer but I am an expert at masterful procrastination.

Not entirely. Lawyers are bound by professional conduct guidelines and can't just write any old misleading letters they want to.

[jammies]

Originally Posted by troutman

Not entirely. Lawyers are bound by professional conduct guidelines and can't just write any old misleading letters they want to.

They need to stick to misleading letters that have some remote connection to reality, true. However, telling someone you "might" take them to court if they don't do x, y, or z is a classic tactic used to scare people into doing things that wouldn't likely be forced on them by the court.

Of course, knowing when that's what's being tried and when someone is serious is sometimes difficult. Does it seem likely to you that this is important enough for this guy to go to court over? Is he likely to be losing thousands of dollars due to this name issue that he is willing to go to court to protect? He doesn't even have a website for his band, how serious can he be? Just because his dad or cousin or buddy wrote up a letter means jack.

Maybe he is a serious player who is going to pursue this. So what? Change the name when and if that happens.

[Smartcar]

Originally Posted by Cowperson

The other side paid some real money to have a lawyer write you a letter.

You play publicly only every few months for a bit of cash.

It's a pure business decision. The fight isn't worth your time.

Have a naming contest on CP and move on.

Cowperson

I agree with everything you're saying except for the real money part. I'm sure almost everyone has a lawyer buddy who can be persuaded to write a letter for future consideration or immediate beer.

[stang]

Disclaimer: not a lawyer. Nor do I have any legal knowledge.

What I would do is ignore it. Especially if its not registered mail. If it actually goes to court, then I would change it.

[flylock shox]

You should change your band's name to "The Trademark Infringements" and use a likeness of this guy as your band's symbol.

Maybe even incorporate a likeness of a wang smacking the guy upside the head.

And yes, this is what free legal advice looks like.

[Devils'Advocate]

Since "Toad the Wet Sprocket" is taken, I'll suggest one of: "Dead Monkeys", "Dead Salmon", "Trout", "The Fried Trout", "Pouched Trout in a White Wine Sauce", "Herring", "Red Herring", "Dead Herring", "Dead Loss", "Dead Together", "Dead Gear", "Dead Donkeys", "Lead Donkeys", "Sole Manier", "Dead Sole", "Rock Cod", "Turbot", "Haddock", "White Baith", "The Places", "Fish", "Bream", "Mackerel", "Salmon", "Poached Salmon", "Poached Salmon in a White Whine Sauce", "Salomon-monia", "Helen Shapiro" (though that might need to be dropped after another injunction).

[ernie]

Originally Posted by Bend it like Bourgeois

For sure you will want a real legal opinion, and you can likely get a good picture of where you stand for only a little money.

Just remember their position may be a matter of opinion, not fact, and people bluff all the time. They are possibly no more able or interested in costly legal battle than you are. THe fact that they lead with a threat would really make me wonder.

In order to keep a trademark you must rigorously defend it. Hence a legal letter.

[Stormchaser]

What i'm trying to figure out is how much territory his trademark covers. Is his trademark for all of Canada or just a specific region.

[VO #23]

Originally Posted by stormchaser

What i'm trying to figure out is how much territory his trademark covers. Is his trademark for all of Canada or just a specific region.

CIPO is federal.

http://www.cipo.ic.gc.ca/eic/site/ci...c.nsf/eng/Home

[JonDuke]

Why not change your name to "The Band Formerly Known as..."

[Nufy]

If its not a registered letter....did you actually receive it ?

[Cheese]

what is the name of this guys group?
just wondering.

[Regular_John]

Honestly is it worth the fight? Unless you actually stand to lose hard cash (be it through gigs or merchandise already produced) you've really got no skin in the game, so just change the name and move on with your life.

You can move the words around as much as you like, add as many "if" "but" "maybe"'s as you can and you'll still be in the same spot, you're name is similar enough to a register trademark that you've been asked to change it.

[Flashpoint]

"Guitarded"

Done.

[FanIn80]

Rockreation

[Traditional_Ale]

Buster Hymen and The Penetrators.

[troutman]

I knew a family that owned and managed a pub called "Cheers" - same logo as the TV show too. They never had a licence for that, and eventually got "the letter" from the lawyer. Cheers became Jesters. There was really no defence.

Later, I did notice an official "Cheers" bar at the Calgary airport. I don't know if it is still there.

[Deelow]

Put an X behind your name, then marry Gwen Stefani. Problem solved.

[Resolute 14]

Originally Posted by troutman

Not entirely. Lawyers are bound by professional conduct guidelines and can't just write any old misleading letters they want to.

Clearly you haven't been following the Prenda Law case. .