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Threats of Legal Action, and other fun stuff.
FunkyKarmaMagic posted August 10, 2011 20:08 ago
so why not change your name and continue on?
19 Replies
Your cards are very nice, try to find another name...
I agree your cards are awesome, why don't you come up with another name, we could help you with it if you would like?
I know it might be an investment to change the logo name on the card but I really think it would be worth it
I agree with the two above me. So what if your name is being taken? The company can't do anything if you change your name. You have wonderful cards and I would hate to see them not be offered anymore.
Thanks for the support friends.
Apparently this note goes against some sort of legality too so i have to delete it.
I'm planning on a name change, it's just a matter of coming up with one, redoing all my inventory with the new name / logo on the backs, setting up new stores... it will take time.
Thanks again!
Let us know when it's up :)
Agh, that sucks! I'm sorry to hear that :( but as Fenice said, please let us know when you have your new store/name up!
Will do!
change your name and continue.. :)
Wow, that really does suck, but I look forward to having you back with us soon.
awaiting your return!
Awww, that sucks. Definitely keep us posted on any name changes!
First, What Country Are You In ?
I have a company here in the USA since 1975, There is another company with the very same name in another country selling
a very similar product. Big Deal, That Great Advertising For Us
Both.. Questions Let Me Know
Aw, man. That stinks. Hopefully everything will go smoothly with your name change and you will be back in business in no time!
Ah, I'm an idiot, your already back in business! :) Welcome back!
I'm skeptical that they have any legal ground against you if you're in another country. I would just keep everything up as is. Possibly change the name of the store if you want to, but not worry about how current inventory is printed or labeled. Change that as you replace it.
If they do take legal action, the most they can do is attempt an injunction to stop you from using the name. At that point stop using it. Otherwise wait for them to spend money and file paperwork in your country's legal system and then respond with an 'ok, it's changed'.
Of course you should talk to a real lawyer first.
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http://7hells.storenvy.com/
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I used to do a lot of work in copyrights in past jobs. The name for my store came to me in a dream and I loved it, but someone already had the name, so I made a change for my webstore. I also checked with www.copyright.gov and http://www.uspto.gov/trademarks/index.jsp to make sure copyrights and trademarks have not already been registered for this name. I also checked with my local state and a few others to make sure that there wasn't a business name the same as mine. Not everyone registers copyrights or trademarks but that doesn't mean they cannot claim them because if they are using it without registering it, they still own the rights if they have used it in a public forum and can prove the date it was first presented to the public. As for international copyrights, if you are selling here in the US and not in the country that they reside, I'm not sure they can ask you to stop using the name if they are not conducting business in the US and have not registered the trademark in the US.
You might want to do some research on international copyright laws.
There are so many businesses it is very easy to find, after the fact, that the name is already in use. There is also a difference between copyrights and trademarks or trade dresses. Not every company copyrights their name, typically it is just their logo, because copyrights apply to artwork and creative tangible items.
But if it is a "big business" it is unwise to not trademark a company name and brand.
Often people use attorneys to send "cease and desists" letters to scare people without any legal grounds on copyright or trademark infringement. You might want to check the two website I put on the name to see if they are registered in the US.
I see you have already changed your booth name, but before you do it again, try researching those website.
I agree with the last two I wouldn't change NUFFIN until the US law makes me pay money or takes me to jail! lol I freakin love my name!
But I like your new name better! ;P It might of been a good thing for your business!
Hey everyone!
First of all, thanks for resurrecting this dead thread. haha. That was interesting to see.
Second, thanks SO MUCH for a) all the info, and b) all the support; that meant an awful, awful lot.
Turns out my brother and his friend are lawyers and looked into this for me. The company, even though they don't currently make them, trademarked their name for use with any and all stationery-type items in all countries at the time of filing their paperwork in 2003, which meant they had a legit case.
In the end, it wasn't worth the hassle to fight them over it since they'd likely win, and I'd end up having to scrap my product and re-brand anyhow. But I kinda like my new name better too (thanks YourstrulyGaby, for saying so as well!)
Thanks again, guys. I've bookmarked those links and made some mental notes for if this should happen again... fingers crossed it won't! :)
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