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Posted
iain said:

that middle school sign is so classic! must have been posted here at least 3 times since I've been here! yellaf.gif

 

and you posted all three!!

 

yelrotflmao.gif

Posted
Attitude said:

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

 

I'm with Attitude - sending you some legalese is a quick easy way to maybe scare you off, then the problem just disappears. If you registered a trademark that they're infringing on then that sounds pretty simple to me. But then again I'm no lawyer.

Posted
fleblebleb said:

I'm with Attitude - sending you some legalese is a quick easy way to maybe scare you off, then the problem just disappears. If you registered a trademark that they're infringing on then that sounds pretty simple to me. But then again I'm no lawyer.

It can get complicated quickly. The big parent company has made it clear that they have the resources and motivation to contest any litigation. I might have to pay for a consumer survey and a marketing expert in addition to executing a lawsuit and defending against the probable countersuit.

I am investigating acquiring additional legal representation on contingency.

Meanwhile, I've been bummed about this since I noticed the problem at the OR Winter Market in January, and brought it to the attention of a salesperson there.

Posted

Freeclimb--

 

I know of someone here in Portland who enjoys taking on the big monoliths for trademark infringement for the fun of it. If you want I can hook you up with him and you can see what he has to say. PM me if you are interested.

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