The No.1 Website for Pro Audio
 All  This Thread  Reviews  Gear Database  Gear for sale     Latest  Trending
I'm being sued by f*cking Fudgy the Whale
Old 8th October 2005
  #61
Carvel Corporation, in order to protect their trademark, must show due dilligence in enforcing it. In your case, they see no real conflict, so the cost of suing you for any real or imagined fear of future abuse by you is not cost-effective.

At least Carvel is protecting a family name, unlike Monster Cable who sue anyone using the term "monster" in their name, as if the word "monster" had no common usage before they arrived on the scene.

As for Toys "R" Us, they had a kids clothing store called "Kids R Us" so they had to protect other usage. A few years ago there was an inexpensive hotel chain called MacSleep, that used a Scottish flag in their logo to tie the Scottish reputation with frugality to the concept of a simple no-frills hotel room.

They got sued by - guess who - McDonalds Corp. And they changed their name!! McDonalds prevailed because they convinced the court that someday they may want to get into the hotel business and they didn't want any confusion in the industry.

With the success of gearslutz.com I tried to get gearpimp.com as a url, of course someone already owns it but is not using it :( Names are becoming increasingly important in the internet age, hats off to Carvel Studios for standing firm. And a tip of the hat to them, from Greenwood Lake New Jersey to Monroe New York - Route 17 represent!

-g
Old 8th October 2005
  #62
Lives for gear
 

Not that is matters but McDonalds does have a hotel of their own. I believe its an ultra modern establishment somewhere in Europe. No kidding saw it on that stupid travel channel show.
Old 17th October 2006
  #63
Lives for gear
 

Quote:
I also know that in the US, US citizens are favored over fer-ners. This is why Neve in Texas can use his name ... he could be the Neve company if he really wanted to. it's his name and he's a US citizen.
As I understand it that's why Behringer won their judgements against Mackie, etc in Europe...

-Duardo
Old 17th October 2006
  #64
Lives for gear
 
Riad's Avatar
 

Holy resurrection Batman!
Old 17th October 2006
  #65
Lives for gear
 
Dirty Halo's Avatar
 

Exclamation WARNING.... $$$

I don't know i this has been said, but think about this one piece or a moment, unles you have A LOT of brand equity in the name, don't get into a pissing match with lawyers...

all they will do is take and take and take $$$ from you. In the end you will have a lot less money for gear and life and MAYBE your name, maybe not.

Remember, your clients know you, new clients won't know the difference.

A wise person once told me, "Don't look for justice in the legal system."

It's true. No matter how mad or unfair it seems, don't let it get to you.

Save your money. Make a BETTER name. I bet it won't hurt your business one bit...maybe even give it an extra PR boost!

I feel for you

Andrews

DIRTY HALO www.dirtyhalo.com
Old 17th October 2006
  #66
Gear Head
 
Zarf's Avatar
 

Glad to hear you licked 'em.


Sorry.
Old 17th October 2006
  #67
Lives for gear
 
Riad's Avatar
 

Quote:
Originally Posted by Dirty Halo View Post
I don't know i this has been said, but think about this one piece or a moment, unles you have A LOT of brand equity in the name, don't get into a pissing match with lawyers...

all they will do is take and take and take $$$ from you. In the end you will have a lot less money for gear and life and MAYBE your name, maybe not.

Remember, your clients know you, new clients won't know the difference.

A wise person once told me, "Don't look for justice in the legal system."

It's true. No matter how mad or unfair it seems, don't let it get to you.

Save your money. Make a BETTER name. I bet it won't hurt your business one bit...maybe even give it an extra PR boost!

I feel for you

Andrews

DIRTY HALO www.dirtyhalo.com
This was resolved a year ago, very little attorney fees were involved.

However, changing my s-corporation, trademarks, business cards, website, letter head, and promotional material would not have been trivial.
Old 17th October 2006
  #68
Lives for gear
 

Quote:
Originally Posted by A27Hull View Post
Unfortunately, I hear that owners of trademarks Must pursue any and all possibile infringments, if not they run the risk of the trademark becoming public property in cases where a dispute is involved.
You nailed it. It may seem like a scare tactic, or it may seem unfair, but trademark law REQUIRES them to do this. If a party does try to truly infringe on their trademark, and said party can show that other companies have used the name without Carvel taking action, Carvel could loose the trademark.
Old 18th October 2006
  #69
Lives for gear
 
Dirty Halo's Avatar
 

Thumbs up It was the principle of it all though...

Quote:
Originally Posted by Riad View Post
This was resolved a year ago, very little attorney fees were involved.

However, changing my s-corporation, trademarks, business cards, website, letter head, and promotional material would not have been trivial.
yes, it was resolved, but the very fact it could hapen and was a stress for you is as valid and backs the point I was trying to make above.

-a
Old 20th October 2006
  #70
Lives for gear
 
heyman's Avatar
Look at this Cluster-Fuk of a creation... You were Sued over this???

Looks like someone took a dump on a plate and passed it off as Ice Cream..

Shame on Carvel Ice Cream..
Attached Thumbnails
I'm being sued by f*cking Fudgy the Whale-fudgy.jpg  
Old 20th October 2006
  #71
Quote:
Originally Posted by wwittman View Post
.... they have every right to own their own hard won "cool" factour.
And what ice cream is not "cool," silly goose!
Post Reply

Welcome to the Gearslutz Pro Audio Community!

Registration benefits include:
  • The ability to reply to and create new discussions
  • Access to members-only giveaways & competitions
  • Interact with VIP industry experts in our guest Q&As
  • Access to members-only sub forum discussions
  • Access to members-only Chat Room
  • Get INSTANT ACCESS to the world's best private pro audio Classifieds for only USD $20/year
  • Promote your eBay auctions and Reverb.com listings for free
  • Remove this message!
You need an account to post a reply. Create a username and password below and an account will be created and your post entered.


 
 
Slide to join now Processing…
Thread Tools
Search this Thread
Search this Thread:

Advanced Search
Forum Jump
Forum Jump