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Posted

So, it appears that the multinational that is about to use my registered trademark without my permission probably knew of the infringement possibility, checked the size of my business, and figured I couldn't fight back.

That are suck.

Anybody got $100,000 I can borrow to pay attorneys?

Irregardless, [spam] one of my Energy Bite® products --Go ZapsTM, functional candy for quick energy-- will be available next month, or in May. Four flavors in every bag! Watermelon, apple, grape, and raspberry. [/spam]

 

Posted
freeclimb9 said:

So, it appears that the multinational that is about to use my registered trademark without my permission probably knew of the infringement possibility, checked the size of my business, and figured I couldn't fight back.

That are suck.

Anybody got $100,000 I can borrow to pay attorneys?

Irregardless, [spam] one of my Energy Bite® products --Go ZapsTM, functional candy for quick energy-- will be available next month, or in May. Four flavors in every bag! Watermelon, apple, grape, and raspberry. [/spam]

 

Irregardless is not a word unless you are a slackjawed yokel.

 

"Usage Note: Irregardless is a word that many mistakenly believe to be correct usage in formal style, when in fact it is used chiefly in nonstandard speech or casual writing. Coined in the United States in the early 20th century, it has met with a blizzard of condemnation for being an improper yoking of irrespective and regardless and for the logical absurdity of combining the negative ir- prefix and -less suffix in a single term. Although one might reasonably argue that it is no different from words with redundant affixes like debone and unravel, it has been considered a blunder for decades and will probably continue to be so."

------------------------------------------------------------------------

 

 

 

Posted
freeclimb9 said:

COL._Von_Spanker said:

Irregardless is not a word unless you are a slackjawed yokel.

I think you misunderestimate the value of the word "irregardless".

 

Irregardless I will use it anyway. Geek_em8.gif This website is not casual writing and everything here is subject to scrutiny. rolleyes.gif

Posted
COL._Von_Spanker said:

 

Irregardless is not a word unless you are a slackjawed yokel.

 

 

 

 

Y'alls can believe what you want but from where I'm standin aint nothin' wrong with irregardless if'n you like them big words and all-how.

Posted

That so sucks! madgo_ron.gif Do you have any proof that you came up with that first, like sold them locally to the coop or other climbers? Armand Dubuque came up with compression springs for Tele bindings first and Voile and Rottefella copied him. Voile paid him off right away because they are a super cool company! Rottefella said hellno3d.gif but Armand did hire a lawyer who went into it for a percentage and Armand got some free publicity from either Backcountry or Couloir Mag and Rottefella paid off to avoid bad publicity. We could raise an internet stink and lawyers don't necessarily need upfront $ if they think the case has merit. I mean you are talkin' a valuable idea here. The fact that you have to shatter one of those bars and then warm it in your mouth before you can chew it is the reason I do not buy Powerbars. thumbs_down.gif

Posted
Billygoat said:

Do you have any proof that you came up with that first, like sold them locally to the coop or other climbers?

Uh, I have a registered trademark. I first started on this in December of 2000. First sales of my Chile con Lima (very spicy and made from whole grains and pumpkin seeds) bars were in 2001 (manufacture difficulties forced me to halt sales of that line for the time being). Do a search from http://www.uspto.gov/main/trademarks.htm, and "ENERGY BITE" will be there.

I'd rather just sell my own Energy Bite® products than fight a giant corporation. The Go Zaps are much like salt water taffy. If they're cold, you can pop the whole thing in your mouth to warm so it can be chewed (I've tested it many times during winter snow-bike rides). And the flavors are crazy; unlike any other energy food. The watermelon is outstanding, IMO.

Posted

Why not fight them. They probably make big time $$$ in profit! Your idea is worth money. I'm just guessing but I know that I could use an extra 50 or 100 grand which is what you probably could settle out of court for, ask MattP boxing_smiley.gif

Posted
Billygoat said:

Why not fight them. They probably make big time $$$ in profit! Your idea is worth money. I'm just guessing but I know that I could use an extra 50 or 100 grand which is what you probably could settle out of court for, ask MattP boxing_smiley.gif

I could definitely "use an extra 50 or 100 grand". I've has an attorney send a cease&desist letter, and recieved a terse response. It's litigate, not negotiate. But litigation is a complicated decision, and what's right, or wrong, isn't the only contributing factor. The parent corporation of the offending company has annual revenues of $50 billion. Bringing a lawsuit could cost me $200,000, or more. What's the risk/benefit ratio?

As my father told me, life is hard.

Posted
freeclimb9 said:

Billygoat said:

Why not fight them. They probably make big time $$$ in profit! Your idea is worth money. I'm just guessing but I know that I could use an extra 50 or 100 grand which is what you probably could settle out of court for, ask MattP boxing_smiley.gif

I could definitely "use an extra 50 or 100 grand". I've has an attorney send a cease&desist letter, and recieved a terse response. It's litigate, not negotiate. But litigation is a complicated decision, and what's right, or wrong, isn't the only contributing factor. The parent corporation of the offending company has annual revenues of $50 billion. Bringing a lawsuit could cost me $200,000, or more. What's the risk/benefit ratio?

As my father told me, life is hard.

 

The father of one of DFA's friends owns a cleaning products company called 'Clean-Up', and he went through some similar business when Clorox came out with a product called 'Clean-Up'. He got it worked out so Clorox either paid him a lump sum for use of the name, or they pay him every time they sell some, the Doctor can't recall which.

Posted
freeclimb9 said:

Billygoat said:

Why not fight them. They probably make big time $$$ in profit! Your idea is worth money. I'm just guessing but I know that I could use an extra 50 or 100 grand which is what you probably could settle out of court for, ask MattP boxing_smiley.gif

I could definitely "use an extra 50 or 100 grand". I've has an attorney send a cease&desist letter, and recieved a terse response. It's litigate, not negotiate. But litigation is a complicated decision, and what's right, or wrong, isn't the only contributing factor. The parent corporation of the offending company has annual revenues of $50 billion. Bringing a lawsuit could cost me $200,000, or more. What's the risk/benefit ratio?

As my father told me, life is hard.

 

Sending you a terse response is cheap for them. Big companies ignore patents and trademarks regularly when they know the intimidation factor is high or the cost of settling out of court is a small fraction of their profits. Take a cut of their money. smileysex5.gif

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