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today I was informed by a third party that he might have dropped the name if I wasnt mean to him, and should not have been upset with them when I talked to him.  He feels I am a bully for telling him to stop, and he is just a 20 something kid.  He plans to continue, also was told he lives at home and works out of his moms garage with no money and has nothing to lose,

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I can imagine the law suit...   But your honor he was mean to me when he told me to stop using the name so I kept using his name even after he told me he had used it for over 20 years..  I am sure the Judge will not be impressed much with his defense of:  " I Ignored the cease and desist demand because Steve was being a bully"

 

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Steve,

You're in a difficult position.  One thing to consider is that you have quite a bit to offer this person beyond legal trouble.  If you offered to help them to register under a different name and trademark, it might feel like they're gaining something.  That may be less expensive than retaining a qualified lawyer.  Even if it failed to make a difference, I would think as a peace-making gesture, it would read well in court.

You might also offer to share some insights into the world of professional bladesmithing.  Experts sometimes assume that their knowledge is common sense.  This person stumbled into a world of hurt with a someone they might want to emulate.  Just getting started, they might not be able to appreciate the accumulated struggles that you've overcome to build your business.

I've benefited from the generous instruction of experts who delivered their lessons in a very grumpy way.  Many of today's youth have no experiences like that and so feel entirely justified in dismissing anyone they deem as "mean".   For what it's worth, many of these kids were taught to avoid taking responsibility.  I've had limited success characterizing the entire conflict as a "misunderstanding" to achieve peace with them.  "Sorry for misunderstanding" is about as close as some of them will get to acknowledging their mistakes.

 

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I'm no attorney, Steve, but I used to own a plastic manufacturing plant.  We were making a line of catering products for a company.  They had registered their name and done everything prim and proper.  We had been making the products for them for about a year and a half when they received a "Cease and desist" letter over their choice of name from an attorney, along with a threat to bring suit if they didn't.  His attorney told him the Cease and Desist letter was more than likely a bluff................but if he refused it could be VERY expensive.  There was no discussion.  He ordered us to re-tool and change the name immediately.  If I were in your shoes, I'd spend a little money to protect my forges name.  Hiring an attorney to write a letter doesn't cost a lot of bucks.  Losing your name and reputation will cost a whole lot of bucks.  I'd bite the bullet and do it.

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I'm thinking a letter from a law firm to his Mother naming her as co-defendant in trademark violation and damages for the negative impact on your long held reputation might get a little motherly butt kicking underway.

But you gotta get trademarked. 

Frosty The Lucky.

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On 6/4/2019 at 4:45 PM, Steve Sells said:

  He feels I am a bully for telling him to stop, and he is just a 20 something kid.  

Twenty something MAN. I've never seen a twenty something kid before. By twenty plus you're a man and should act like it. What happened to pride and integrity? 

Pnut

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If he had any honor or integrity he would have stopped using my name soon as he found out it has been in use already, and not been a problem about it,  and its California they are kids until they are in their 30's it seems

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4 minutes ago, Steve Sells said:

and its California they are kids until they are in their 30s it seems

We've seen examples of "men" in their 60 behaving like children here. Age does NOT equal maturity. 

Frosty The Lucky.

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You aware that his name is actually, Fenris, right? It’s the reason it is alliterated with the ‘ after the s. Fenris’ Forge. All due respect to your craft, he is not copying your logo. He is not copying your maker’s mark either. Further, you have not trademarked the name. Your statement about what comes up first in your search is subjective because your search results are also skewed by an algorithm to deliver personally relevant results based upon prior search history.

Edited by Dog_guy
Fixed grammar & spelling
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7 hours ago, Dog_guy said:

You aware that his name is actually, Fenris, right?

No, I'm aware as is everyone else here his name is Josh Vaught. I see you just joined two hours ago and this is your only post. Hmmmm? Waaaaait a minute. You don't know your own name?

Pnut

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Steve, when I understand why you are upset, I doubt that sharing this in public helps your cause.

All you need is a good solicitor specialising in this matters, if you have a legal claim according to the laws of your country.

The rest, and everyone else's opinion on the case may be colorful and sympathetic but not helpful. It is hard to shame people into desisting from a course of action they have already taken, if anything it makes them more determined.  

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