Yes. And while the "line" is open to interpretation, similar sounding names are usually refused because of the likelihood of confusion.
Anyone heard about Mike Rowe Software?
I'd think that since you've been using the name, and can verify it with prior use of the name, that you should be entitled to use it Wolfe....but did you ever trademark the name? That is the only sure way to make sure you can use it without someone else infringing. That and enforcing the trademarks like Rickenbacker does......Possum has the Dirty Harry, and so does Rio Grande, but Possum had it first. So far it hasn't been an issue either way, and I hope it doesn't become one, because Possum's Dirty Harry's sound way cool, and its a cool name too, since it is paying homage to Harry DeArmond. Anyway.....I hope it works out to benefit you Wolfe....
I'd think that since you've been using the name, and can verify it with prior use of the name, that you should be entitled to use it Wolfe....but did you ever trademark the name? That is the only sure way to make sure you can use it without someone else infringing. That and enforcing the trademarks like Rickenbacker does......Possum has the Dirty Harry, and so does Rio Grande, but Possum had it first. So far it hasn't been an issue either way, and I hope it doesn't become one, because Possum's Dirty Harry's sound way cool, and its a cool name too, since it is paying homage to Harry DeArmond. Anyway.....I hope it works out to benefit you Wolfe....
Greg
One does not have to register a name to be able to protect it, they simply have to use it and be able to show it has been used.
Trust me on this, I've learned a lot over the last year and a half, having gone through almost a year's worth of legal bullshite regarding the Dr. Vintage crap.
Wolfe is correct. A trademark is pretty much the same as a copyright. Once it's created/written it is the property of the individual that created it. It probably would be a good idea to put the little TM mark next to the name so that you can clearly show that it is yours. You can actually register it at the good ol Patent and Trademark office but I believe it costs quite a bit and it takes for ever to get it processed/established. It's cheaper just to tag it with the (TM). The symbol with an R and a circle around it signifies that it has been register and it is written in stone pretty much.
Not only can names be trademarked but you see a lot of companies nowadays trademarking slogans...including myself.
I use "Pick Your PAF" , "Fall in Love with Your Guitar Again" and "Sonic Display of Power" as a few of mine. And I will fight to the end to keep them as mine.
So I know what wolfe is saying. Wade is cool, you guys will resolve the issue if there is one.
My advice would be to put the name up on your site so that it is clearly conveyed to the world that it belongs to you.
I trademarked "Lick your PAF" "have sex with your guitar" and "louder than a fart." I hope thats not too close Kevin :-)
Actually Rio used the Dirty Harry name first. I contacted them thinking they were copying me and it turns out they did it first. They were cool and I told him I sell maybe 5 sets a year so not to worry, and he was fine, we both use it and no big deal. I also thought I invented the "Pig-90" but damn if I didn't see BareKnuckles using that name too. They aren't similar products so I ain't gonna rock the boat and no one would confuse the two for sure.....
Screwing with lawyers costs money, Suz and I have been through two lawsuits which we both won but it took at least a year for each, we were in the right and lucky enough to had lawyers who gave a shit and outlasted the competition, they got their fees from the settlements...
Yep, all you have to do is show you have been using it.
I was trying to name my bass pickups, and had cool ideas, and invariably I'd find some company having nothing to do with pickups using the name. It's hard to find a name for something. So accidents happen.
One of my bass guitar models is called "Scorpio" since that's my birth sign. Peavey has a Scorpio bass now. If I start building mine again, and they have an issue with it, I can show that I have been using that name since 1994!
It's amazing how many old out of date URL's come up in Google when I do a search for "SGD Lutherie". Looks like someone posted a list of luthiers once, and many people copied that list.
It would be possible to describe everything scientifically, but it would make no sense; it would be without meaning, as if you described a Beethoven symphony as a variation of wave pressure. — Albert Einstein
Yeah, "MikeRoweSoft.com". And they gave him an X-Box in exchange for the domain!
Like Microsoft never ripped off anyone....
It would be possible to describe everything scientifically, but it would make no sense; it would be without meaning, as if you described a Beethoven symphony as a variation of wave pressure. — Albert Einstein
Ridiculous? How about BrissBucker, for when you're stuck playing for tips?
Wouldn't that be BuskBucker?
It would be possible to describe everything scientifically, but it would make no sense; it would be without meaning, as if you described a Beethoven symphony as a variation of wave pressure. — Albert Einstein
I hate to tell him this, but I've been using that name since 2005 for the only ceramic-loaded pickup I offer.
I don't suppose you'd mind renaming that would you? Otherwise, we're going to have another Dr. Vintage-like suit on our hands. Let's try not to step on any toes, and do our research to make sure nobody else is already using a name.
Just got wind of this today..I've been expanding the shop and moving. I've Replyed to your Direct E-mail you sent me as well. As soon as the line is up, I will make the call wolf...
BlissBucker is still close enough to cause confusion. Too similar sounding.
Definition in websters dictionary explains everything. Actually miles apart and when I do refresh the website and add this I think the description will take care of the rest..
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