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- Thread starter RAdams
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forgot to mention, red and black dyed cactus in colored PR
ToddMR
Member
They look good to me. I like the looks of both of those blanks. How many of the 40 do you have done thus far? At least you have plenty of time and can pace yourself.
bbuis
Member
I'd be happy with a 2 pen order lol. Nice looking slims
louisbry
Member
Ron, nice looking pens you have there. The blanks have some really neat colors.
workinforwood
Member
They look good Ron. However, you should really come up with a different name for them, being that "Cactus pen" is a trademark it is disrespectful to call them that and technically not legal.
louisbry
Member
Curtis' trademarks per his web site are "Original Cactus Pens"™ and "Original Cactus Blank"™ . Is "Cactus Pen" a TM violation? I would have to ask Curtis that question.
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Mark
Member
Congrats on the 40 pen order...
I was looking and can't find a Trademark for "Cactus Pen"
Can someone point me to a source? THX.
Ron referred to his as Cactus Slims.
I was looking and can't find a Trademark for "Cactus Pen"
Can someone point me to a source? THX.
Ron referred to his as Cactus Slims.
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It's not illegal to call something the same name that has TM after it,(Don't know how to make the little TM), as it has not been registered. It is illegal to use the same words if it has an R with a circle around it(Don't know how to do that one either). That is a registered trademark for that specific word or words. Not trying to start any crap here, but don't see anything wrong with calling something a Cactus Blank.
workinforwood
Member
There is something wrong with calling something a cactus blank when someone else has gone through the effort to trademark it. I just had this hour long discussion with my patent attorney this afternoon and brought up this question with him. Sure, it may be the specific word is "original cactus blank", but the word original is just an adjective to emphasize Cactus blank. The tradmark protects the name cactus blank. Even if it is not federally liscenced as a trademark, it is still valid in every single state that one of his blanks was sold in. the trademark does not stop you from making a pen from a cactus skeleton, it only prevents the terming of that pen or blank as being Cactus. It also does not mean you can't say or type Cactus pen. You can say that all day long, but you say it in reference to what cactus pen is as per the trademark. The trademark is for business...he is protecting the name of a product, not an actual product. To change that to cactus slim would not hold up in court. You can call it a skeleton pen, or something else, but you can't call it a cactus pen because that takes away from the original trademark goal of protecting the name of his pen. If he lets you, then you can, but then he is giving up his trademark. As it stands, this thread is a lawsuit of huge numbers...like lets think small...I sell a ballpoint at $100 ea, and times 40, is $4000. Because of the trademark, if it were my trademark, I would argue that you sold $4000 under my name that I worked hard to build and protect. The lawyer fee's would be $2500 for me if I was the trademark person and the fee's would be equal or more for you <Ron> and so I would be up $1500 and you would be down $6500 or more.
Most importantly, it's all about respect. Have some respect for the person's that are trying to build a brand and spending the time protecting it.
Most importantly, it's all about respect. Have some respect for the person's that are trying to build a brand and spending the time protecting it.
Jeff, you've opened my eyes a small bit. I'm very aware of trademark's, as I have 2 trademark's that deal with the Automotive Industry. I respect everyone's opinion here, and will proceed with caution. From here on out I personally will not use the word Cactus in anything that Curtis doesn't sell.
workinforwood
Member
You can call it a prickly pear pen! That kinda sounds cool, and respectfully keeps you out of someone elses business. If you purchase one from Curtis, then you stay with Cactus pen. It's pretty simple...great to see you get it too, Ernie!
I was totally not trying to step on anyones toes when i posted this. I apologize for anything wrong i may have done.
I did not name the pen, or the blank, or the material, or anything else. I was simply trying to describe what was in the photo.
I will ask Curtis to remove this thread.
I did not name the pen, or the blank, or the material, or anything else. I was simply trying to describe what was in the photo.
I will ask Curtis to remove this thread.
MesquiteMan
Retired Head Moderator
I have no problem with this at all. It is what it is. I do claim trademark rights to the term "Original Cactus Blank"" and "Original Cactus Pen"" but nothing else. Trademarks do not have to be registered to be legal trademarks. Registering just helps in defense of the trademark in court. Personally, I hate the legal system and would have a hard time persuing something of this nature in court. Let's all just have fun and make some cool pens!
workinforwood
Member
I wouldn't be silly about it Ron. I've been dealing with a lot of Lawyers on stuff lately and I'm sure that's what got me "ranting" a bit. But it's all true and it's all things we might want to think about. Consider it educational, nothing more.
lesson learned. Thanks! I am not trying to be silly about anything. I am sick of fighting over the stupid Opuntia lasiacanta. I have been raked over the coals for this effing plant and frankly am quite sick of hearing about it. Anyone can put anything in their molds that they want to, but for whatever reason Opuntia lasiacanta is off limits.
Like i said, I learned my lesson. This will be the last conversation about Opuntia lasiacanta that i will have on this website!
Like i said, I learned my lesson. This will be the last conversation about Opuntia lasiacanta that i will have on this website!
MesquiteMan
Retired Head Moderator
Ah hah, herein lies your problem...you are using Opuntia lasiacanta. I use Opuntia lindheimeri Engelm. var. lindheimeri. You are using the wrong thing! Must be that damn okie Opuntia!
OKLAHOMAN
Member
I never use something I can't spell or pronounce so I just use Prickly Pear Cactus....
thank ya Sir! I just googled prickly pear cactus and used the first thing that popped up. I noticed it was part of a family of plants (hmmmm cactus, imagine that) so i figured i might have the wrong subspecies or whatever.