Dirtbag Tm?

[layton]

I got this email regarding my website www.cafeshops.com/alpinist

 

Michael, I would suggest you remove the Dirtbag tee shirt from your cafe

press store ASAP. We own the TM.

I would also like yo uto provide me with any and all sales reports for that

shirt.

 

Thanks,

 

Doug

 

Here's the store in question. See if you see any reason that i may be violating copyright:

http://www.dirtbagclothing.com

 

Now, i don't see ANY similarities in the two shirt designs, or the type of folks who would buy from either store!I made $5.01 from that design, and haven't and probably won't collect any money cuz I gotta sell at least $25 worth of that design to get a check. I haven't emailed him back yet. I'll see what the status quo has to say.

 

Is anyone a lawyer or know anything about this type of thing.

[Dru]

you should ask for proof he has trademarked Dirtbag, tell him that you applied for TM status 6 months ago and suggest that when you get successful trademark you will 0wn his @$$

[crazyjizzy]

Wait untill you get something in the mail, from a real lawyer.

[ScottP]

I know squat about copyright law, but doesn't this:

 

"Copyright ©1996-2005 Dirtbag Clothing Inc. All Rights Reserved"

 

at the bottom of the dirtbagclothing.com page mean something?

[Dru]

"DirtBag Clothing" is not the same as "dirtbag".

[Bogen]

Yeah, and just cuz he SAYS so doesn't mean shit. If he has a case, the lawyers will call you. We'll pass the hat and collect that $5.01 to help you out.

[Roger]

I know squat about copyright law, but doesn't this:

 

"Copyright ©1996-2005 Dirtbag Clothing Inc. All Rights Reserved"

 

at the bottom of the dirtbagclothing.com page mean something?

maybe, but not regarding the t-shirt, which could only theoretically be protected by trademark, not copyright. Don't bother responding to him... pm me if you want.

[jordop]

And I seriously doubt you're skimming sales off this guys target customer base:

[jordop]

Although ... this is nice

[TheJiggler]

Well it looks like this is the trademark:

 

http://tess2.uspto.gov/bin/gate.exe?f=doc&state=5dfjc5.3.6

 

So it looks like its legit.

 

But I wouldn't do squwat. Its gonna cost him a lot to sue. How may of those have you sold? What did it net you? $50. I'll pitch in $5 if he wins.

[K_Y_L_E]

Replace it with a shirt that says

"Doug is a douchebag"

I'd buy one.

[TheOldHouseMan]

Sounds like this dirtbag your dealing with is a shitbag.

[foraker]

As dirtbag is a word in common usage, I doubt he has much of a case. The only way he might get you is if you obviously copying his logo's or his artwork.

[Greta]

Where's TLG when you need her?

[Dru]

Consider this a warmup for when Christian Beckwith and Alpinist come calling

[jordop]

buy Layton's shit now before it becomes collector's items

[AlpineK]

Wait untill you get something in the mail, from a real lawyer.

 

This is the only advice on this thread worth listening to.

[catbirdseat]

Layton, just think, if you lose in court, you could pay triple damages, or $15. On the other hand you could be forced to pay court costs.

 

I can't believe a trademark for dirtbag could hold up in court, but you don't want to find out.

[Mal_Con]

They can only get 3x or atty fees for TM if the infringement is willful i.e. you keep on selling after they warn you. Copyright infringement needs them to show you copied them, unlikely because dirtbag has been in use to describe limbers since at least Warren Harding cir. 1970. I should know cause its my day job.

[Off_White]

You should reply that you have trademarked "Doug" and request that he either cease and desist or forward all income he has made using your trademarked intellectual property.

 

Better yet, tell him he should present his case here, and we will provide third party mediation.

 

You know, you might actually make money with a "Doug is a Douchebag" tee shirt.

[Dr_Flash_Amazing]

Or maybe you should rip off every single one of the "DirtBag" designs, retool them to read "DoucheBag", and sell those on yer shirts.

 

... dunno who's gonna buy a shirt that sez "DoucheBag" on the front of it, but still.

[knelson]

Not a lawyer, but from my understanding owning a trademark for a name or phrase does not mean no one else can ever use that name or phrase. The trademark only protects a person from blatant rip-offs or someone trying to sponge off the success of a trademarked phrase.

 

Your products are not similar, and you are not causing confusion (intentional or otherwise) between your product and theirs with the use of the term "dirtbag." These are the two main points courts would consider.

 

Wait for their lawyer to send you a registered letter, THEN send him your sales reports for the shirt!

 

-kurt

 

PS... You DO know that Doug ****** is probably now aware of this thread, don't you. I imagine most folks clicked on the hyperlinked web address to see the guy's site, and this thread's URL will show up in the guy's web log as the referring URL. If he's sharp, he'll be watching those and will check out where his new traffic is coming from. Just thought I'd point that out in case you try the "but I never got your email" route with him if he persists.

[cj001f]

Or maybe you should rip off every single one of the "DirtBag" designs, retool them to read "DoucheBag", and sell those on yer shirts.

 

... dunno who's gonna buy a shirt that sez "DoucheBag" on the front of it, but still.

 

Given the popularity of "Von Douche" I'd say quite a few people

[joel20]

That's it. I'm pissed, why can't people just settle arguments by simply kicking the other guys ass or having a shootout over it. I'm tired of the bitching that goes on in the world. I'm moving to Canada to be a dirtbagger there. That's right I'm going to live a Grizzly Adams type lifestyle. Only old Griz didn't climb but he would have had he had the cool shit that we have now. I'm going to live on land that I don't pay taxes on and if anyone tries to fuck with me I'm gonna shoot them with a lever action rifle and take their scalp for my collection. Just go ahead and try to bitch at me about anything.

[Couloir]

Wait untill you get something in the mail, from a real lawyer.

 

Ditto. He's just jealous.