Trademark dispute: help needed
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- 3stripe
So some guy running http://cycleloveclothing.com/ is telling me not to use the name "Cycle Love"....
I registered http://www.cyclelove.net a month before him, and have been blogging ever since, doing events etc, so I have a documented headstart on him... and should be protected by common law trademark rights?
His email went as follows:
"I see and understand the conflict you mention here. Unfortunately the name of your website has no conflict with our business and website. Our website iswww.cycleloveclothing.com and our business is Cycle Love. Your website is www.cyclelove.net. We are registered in California and soon to be trademarked in the United States and Internationally.
I would advise you not to print just yet, any shirts with the "Cycle Love" words on it. This may become an even bigger issue based on our trademark of the name. We are an active commerce company selling our shirts via the internet. We sell our shirts in the United States and Internationally.
Thank you for checking with us regarding this and letting us know of your intentions. We are sure this inquiry has saved both of us time and money by corresponding with eachother about this.
Good luck on all your future endevours,"
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I feel like if I submitted a US trademark application myself, before he does, I would have the upper hand — but would prefer not to go this far... any tips?
- vaxorcist0
I would really talk to a lawyer....
they're trying to win, are you?
... Or is this one of many business ideas you have?Your registering a domain before they did may help you, as they're in the the process of trademarking, not actually having finished the process....
- i_monk0
Why wouldn't you want to go that far? Is this just a hobby for you? If you have any aspirations to being a business under that name, you need to get your shit together or you WILL lose the name.
- i_monk0
Are you a registered organization in any form? Have you been putting ™ on your stuff?
- qoob0
Is he telling you not to use the name...as is, you would have to give up your website...or just not to print T shirts?
- 3stripe0
I'm not registered in any way, and have not been using TM.
It's a serious business, I want to sell this stuff, and don't want to change my name... so yeah maybe I need to take proper action.
Thanks for your input.
- 20020
I call bullshit on this.
He can't have broad TM. He needs to have specific industry and have product line that demonstrates it. Having a single Tshirt line saying Cycle Love does not constitute a TM on apparel.
You can argue that what you do is content driven site which explore the matters of cycling and not particularly to the words Cycle Love. The brand extension is an off shoot to your content.
If you have the money, I would reg Cycle Love as LP / LLC / Corp etc in Delaware and TM it.
- Why Delaware?nb
- Interesting PDF: Why corporations choose Delaware http://corp.delaware…nb
- 20020
- 20020
btw you need to file a TM on various business categories.
clothing
content
education
photography
creative service
etc etc
- raf0
They haven't filled the application yet. Get your ass to http://www.trademarkia.com/ right now and get your case going.
Just make sure to check what classes/descriptions similar businesses have and base yours on this.
- 3stripe0
It's funny because I've been using my logo more than the name "CycleLove" which means I don't have much 'proof' for them.
I do however have things like event listings in Time Out: http://www.timeout.com/london/ar…
- i_monk0
Why are you posting here? You should be standing in line at the trademark office.
- uspto.gov will take your $200-300 today and give you a filing # thoughalbums
- He's British.i_monk
- if he wants to sell in the US, he'll have to register in the US, i thought he was beating the other guy to the punch?albums
- here's a link to UK IPO http://www.ipo.gov.u…albums
- Use trademarkia, it's the cheapest and hassle-free option.raf
- bzsaw0
That other dude played his hand to quick trying to knock you out of the game. I you register first and prove you've been using it in commerce first he'll lose out and have to cough up his domain to you. But only if you register and are approved. Consult a trademark attorney ASAP.
BTW if he pays attention to his website referrals he's probably reading this so hurry it up.
- 3stripe0
Thanks bzsaw — does it matter that I'm in the UK though?
I haven't actually sold anything yet, although my shop is now up
- oey0
Go for it!
That's the conclusion I've made after reading all answers and my personal opinion.
Wasn't he trying to sort of intimidate/blackmail/threaten you in a polite way?
But yes, talk to a lawyer before you do something.
Good luck!
- matski0
Unless they're making lots of sales in this recession hit world, I doubt they have the funds to TM everything and pay attorney fee's.
Hell, they didn't even buy up URL's of associated names. Screams amateur to me.
P.S I like ya site.
- monkeyshine0
Serious businesses have lawyers send cease and desist letters. He has (as of today) no legal ground to stand on and is apparently too lazy to even engage an attorney to send you a form letter. I say ignore until he starts getting serious...and then reevaluate.
- utopian0
The d-bag has no copyright or trademark registration on his website which leads me to believe that he is a FUCKING HIPSTER, tell him to fuck off!