Moderator86 Posted June 7, 2019 Share Posted June 7, 2019 This thread is now locked to allow things to cool down for a while Lock has been lifted Moderator86 Quote Link to comment Share on other sites More sharing options...
Steve Sells Posted June 8, 2019 Author Share Posted June 8, 2019 IInteresting note , whomever he was, He had the private messages to repost, I dont mind but its rude to publish with out getting Josh and me to agree first.but this friend of his shows what I have had to put up with getting the name protected. The ignorance of the laws makes it doubly hard. The schools are not teaching about any business law these days. When I went to college I had to take 2 business law classes for a degree. Quote Link to comment Share on other sites More sharing options...
pnut Posted October 24, 2019 Share Posted October 24, 2019 (edited) I was wondering if any progress has been made in this matter Steve, and also to get the opinions of the membership. I have no plans on being a professional Blacksmith any time soon, but you don't know what might happen. I had an original of the logo/ touchmark I would like to use and the name I would use. I had two people sign and date this and it was notorized. I then sent it to myself using registered mail and put the envelope unopened in my files. Do you think this would be enough to make the name and logo my intellectual property? Thanks in advance for your help. Pnut Edited October 24, 2019 by pnut Quote Link to comment Share on other sites More sharing options...
JHCC Posted October 24, 2019 Share Posted October 24, 2019 It helps establish that and when you created the logo, but if you don't actually use it and someone else does, they can claim that you abandoned it. Part of having a trademark is actually using and defending it. Quote Link to comment Share on other sites More sharing options...
Charles R. Stevens Posted October 24, 2019 Share Posted October 24, 2019 So where was dog boy’s (did a I get the punctuation right? Lol)IP from anyway? I doubt Texas. Quote Link to comment Share on other sites More sharing options...
Steve Sells Posted October 24, 2019 Author Share Posted October 24, 2019 the IP just states a IP number, it does not return a geographical location for this one, Quote Link to comment Share on other sites More sharing options...
pnut Posted October 24, 2019 Share Posted October 24, 2019 I figured that I would have to use it or lose it as the saying goes. Pnut Quote Link to comment Share on other sites More sharing options...
Steve Sells Posted October 24, 2019 Author Share Posted October 24, 2019 the legal wheels are turning, just very slowly, I was updated by the lawyer at the beginning of the month and told we should have his site(s) removed or turned over to me, after the first of the year Quote Link to comment Share on other sites More sharing options...
pnut Posted October 24, 2019 Share Posted October 24, 2019 Slow or stop seems to be the two speeds of litigation. Glad to hear you're making some headway. Pnut Quote Link to comment Share on other sites More sharing options...
ThomasPowers Posted October 24, 2019 Share Posted October 24, 2019 Jarndyce and Jarndyce? Quote Link to comment Share on other sites More sharing options...
pnut Posted October 24, 2019 Share Posted October 24, 2019 Lurch, Stagger, and Fall Attorneys at Law are my go to legal counsel. Pnut Quote Link to comment Share on other sites More sharing options...
Steve Sells Posted October 24, 2019 Author Share Posted October 24, 2019 Also to Pnut the mailed letter means NOTHING really, I am sorry I already had my domain & tax forms for nearly 20 years, and have the LLC and that meant nothing, only the Federal Trademark carries real weight Quote Link to comment Share on other sites More sharing options...
pnut Posted October 24, 2019 Share Posted October 24, 2019 That's why I asked. I knew there's some actual attorneys that are members and I have heard this called the poor man's copyright but wasn't sure how accurate the info was or if it would work in relation to trademark. It may cover the logo art but I'm not sure about that either. Pnut Quote Link to comment Share on other sites More sharing options...
Steve Sells Posted October 24, 2019 Author Share Posted October 24, 2019 While technically a copyright exists when the article is written, proving it is another matter. FYI Both of my books were registered and copyrighted before this kid started using my name as well... Quote Link to comment Share on other sites More sharing options...
pnut Posted October 24, 2019 Share Posted October 24, 2019 That's what I was hoping to achieve by having it notarized and sent through registered mail and not opening it. Thanks for the help. I may look in it further. Pnut Quote Link to comment Share on other sites More sharing options...
SLAG Posted October 24, 2019 Share Posted October 24, 2019 The self-mailed sealed letter will not hold up as good evidence in a court of law. That tactic is a common misconception. SLAG. Quote Link to comment Share on other sites More sharing options...
Frosty Posted October 24, 2019 Share Posted October 24, 2019 As it all to often the case I suppose defending your trademark and copy rights comes down the the owner. They need to be registered on any and all applicable registration agencies (Whatever the term is), on the books officially maybe? Once that's done you have legal rights but there is NO enforcement agency or arm, that is up to you. I suppose you defend by calling offenders out publicly and loudly and letting them sue you for liable. Truth is pretty much THE defense against liable. You of course counter sue for legal costs and time. Suing for your time doesn't seem to win damages from my limited experience. (I watch People's court and Judge Judy, having filtered out the other shows) Unless things have changed since I had to take courses from jr. high through college called: "General Business", Home Economy", "Social Studies," "Driver Ed and Driver Training," etc. "Ignorance of the Law is NO EXCUSE." If ignorance were an excuse then you could tell the judge, "I didn't know the speed limit was x, there hadn't been a sign saying it went fro 55mph to 45mph" and have the charges dismissed. That doesn't work without expensive lawyers and lots of evidence proving liability on the road department's part. OR speed traps wouldn't work. I wonder if having your trademark and copy right on the federal registry would make it a federal offence to use it without permission? As I recall federal courts don't recognize a minor as such, just the offence an offender. No? Frosty The Lucky. Quote Link to comment Share on other sites More sharing options...
pnut Posted October 24, 2019 Share Posted October 24, 2019 I don't think I will ever have a need to worry about it. Iprimarily wanted to know if it was hokum or not. I have heard of this being done for years and It only cost me the price of postage. I have a friend who is a notary. I appreciate the insight. Pnut Quote Link to comment Share on other sites More sharing options...
SLAG Posted October 24, 2019 Share Posted October 24, 2019 The Federal government does not enforce copyright nor trade mark offences. The two are the children of federal law that can be enforced by a Federal Court. The holders must police their rights, be it Common Law, (such as the tort of passing off), or Federal statute law, (such as trade mark infringement of a registered trade mark). Mailing a letter to oneself was too easily falsified, so it is not viewed as good proof. SLAG. Quote Link to comment Share on other sites More sharing options...
Marc1 Posted October 24, 2019 Share Posted October 24, 2019 The unfortunate reality of copyright and patents is that they are only as good, and go only as far as the amount of money one is prepared to spend to defend it. And sometimes ... as they say in Spain ... the collar ends up costing more than the dog. Quote Link to comment Share on other sites More sharing options...
SLAG Posted October 24, 2019 Share Posted October 24, 2019 Marc1, So true. High tech patent litigation is an almost sure-fire to go broke. It is an activity that is usually pursued by large corporations and, generally in only very serious matters. Most of those attorneys have a law degree, and also an engineering or multiple science degrees. Read expensive. General lawyers do not stand a chance in such litigation. The few times a foolish general lawyer tried his hand in such litigation, he was shredded in court, and lost his client's case. Not a nice spectacle. SLAG. Must sign off for now. I am preparing a Singapore chile prawn curry for Marg. (the marvelous). Quote Link to comment Share on other sites More sharing options...
George N. M. Posted October 25, 2019 Share Posted October 25, 2019 I agree with Slag. Patent, trademark, and copyright law is some of the most complex and arcane areas of the law around. That is why most patent attorneys also have degrees in engineering or some other technical discipline such as computer science, so they can understand the issues they are litigating. The very first thing to consider if you feel you have someone treading on your toes regarding a trademark or copyright is whether they are somehow costing you money or taking business away from you by doing whatever they are doing. Then, if they are is it enough damage to you to justify the cost of any enforcement? Enforcement can be as simple as a nasty gram telling them to quit (cheap) to a full fledged federal court case (very expensive). This is why most trademark and copyright litigation is between multi-million dollar corporations. Pnut, if you are serious about protecting your intellectual property do it the correct way and don't try to do it on the cheap. You will just be giving yourself a false sense of security. GNM formerly of Dewey, Cheatum, and Howe (;-}) Quote Link to comment Share on other sites More sharing options...
Frosty Posted October 25, 2019 Share Posted October 25, 2019 The only way I know of to protect intellectual property is keep it to yourself. Frosty The Lucky. Quote Link to comment Share on other sites More sharing options...
JHCC Posted October 25, 2019 Share Posted October 25, 2019 I know a better way, but I'm not telling anyone. Quote Link to comment Share on other sites More sharing options...
ThomasPowers Posted October 25, 2019 Share Posted October 25, 2019 I feel forced to post a link to an old favorite Adaams cartoon about patent attorneys http://www.wunderland.com/WTS/Rash/misc/addams.htm Quote Link to comment Share on other sites More sharing options...
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