Get a lawyer, Layton

[catbirdseat]

If you trademark "dirtbag", can I trademark "dirtbag climber" and have it recognized as distinct?

[Distel32]

yeah CBS, that is exactly what I'm talking about! But that would be the same as Sambucks, right? haha

 

Kurt, yeah I agree with, I think they definitely need to allow for common sense (wiggle room)

 

Like that woman selling sweet pea shirts out of her garage in bumfuck, texas or whatever.

[crackers]

When somebody trademarks a word or phrase, they aren't laying claim to the word for every use - they have to specifically cite what products the word/phrase will be associated with. And the Trademark Office doesn't allow things like "every use known to man now and in the future." So with Layton's dirtbag example, the original dirtbag has trademarked the term with regards to clothing. Pretty broad claim in my book, but I'm no lawyer. So legally, anyone that produces clothing for profit - where there could be confusion as to who is profiting from the product - would be infringing on dirtbag's trademark. The whole confusion issue is where it gets sticky in court. It's pretty obvious if you're selling a software product named Excel that just happens to be a spreadsheet program, but you're not Microsoft. But not so obvious if you're both selling shirts with the term Dirtbag on it. It sucks, but no one ever said life was fair.

 

Well, no. In conversations with my IP lawyer, he believed that the issue of confusion was minimal between the prior art of layton and the prior art of the assh*les in SF. First of all, their trademark registration has a totally different layout and image and their trademark concerns that art in relationship to a tee shirt or other casual clothing. Second, it's a wholly different market. My IP lawyer was quite confident that he could and would kick their ass.

 

Dirtbags, Dirtbagz, Dirt-Bag, and the use of Dirtbag on sweatshirts and other clothing are all open ground.

[archenemy]

I just think it is getting a little ridiculous is all. I cheered when aol lost the copyright arguement to "got mail" b/c it was a too common phrase. I agree that companies have the right to copyright what they come up with. But come on, there has got to be a reasonable limit; and I don't think we are there yet.

[knelson]

Well, no. In conversations with my IP lawyer, he believed that the issue of confusion was minimal between the prior art of layton and the prior art of the assh*les in SF. First of all, their trademark registration has a totally different layout and image and their trademark concerns that art in relationship to a tee shirt or other casual clothing. Second, it's a wholly different market. My IP lawyer was quite confident that he could and would kick their ass.

 

I agree - the target market is totally different, so it probably would've gone Layton's way. But the point is that there was enough possible infringement there that it would've been a valid court case that would've actually gone to trial. And that would've required that Layton shell out some money for court costs, or find an attorney to work probono and roll the dice that he'd win. Is it worth it? Yeah... ya gotta stick up for your rights, but at some point you have to ask if it's really worth the waste of time.

 

Dirtbags, Dirtbagz, Dirt-Bag, and the use of Dirtbag on sweatshirts and other clothing are all open ground.

 

If I remember right, it wasn't Mr. Dirtbag in SF that was the final party pooper for Layton. If was CafePress. They threatened to shut down his store if he continued selling the Dirtbag shirt. Seems Mr. Dirtbag threatened CafePress since they were actually the ones manufacturing the shirts. And CafePress isn't in business to further folk's rights to free speech.

 

-kurt

[layton]

yes , the dirtbag dude went direct to cafepress after badgering me for too long without compliance. they dumped my shirts like my pregnant girlfriends

[archenemy]

That sucks. Obviously there is a lawyer out there who needs a layton.

[Squid]

He's better off without those girlfriends.

[Gary_Yngve]

I disagree. It's useful to have girlfriends around so you can break up with them just before a hard climb to help you through the hard leads.

[knelson]

I disagree. It's useful to have girlfriends around so you can break up with them just before a hard climb to help you through the hard leads.

 

Or advisors.