Leatherman1998
Member
I am working on a website for my woodturning and the name that I have come up with is "Woodard Woodturningz". Are there any companies that use that name? If so could I get in legal trouble for using that name ?
Why not just use "Levi Woodard Woodturning". As long as you use your legal name there's not much anyone can do about it. Most States don't require you to do the "ficticious name" business licensing rigamarole if you are using your legal name.
Woodturnings you're ok it's already in dozens of other names. Woodturninz probably belongs to Woodturninz, Inc. and you'd be encroaching.I am working on a website for my woodturning and the name that I have come up with is "Woodard Woodturningz". Are there any companies that use that name? If so could I get in legal trouble for using that name ?
I used to have a website (cabochonrods.com) for my custom fishing rods. I was sent a cease and desist letter by the Diawa corporation because they had a fishing rod line called Cabo after Cabo San Lucas. Mine was "cabochon" because I put a cabochon in the butt of my rod as an ornamental item. Even after calling and explaining it to about 4 people, they held strong on the copyright infringement. It wasn't worth the legal battle to maintain my website so I just dropped it.
I used to have a website (cabochonrods.com) for my custom fishing rods. I was sent a cease and desist letter by the Diawa corporation because they had a fishing rod line called Cabo after Cabo San Lucas. Mine was "cabochon" because I put a cabochon in the butt of my rod as an ornamental item. Even after calling and explaining it to about 4 people, they held strong on the copyright infringement. It wasn't worth the legal battle to maintain my website so I just dropped it.
Unless you tried to trade on their name or reputation by pretending
to be them or pretending your products were associated with theirs,
you were in the clear. Cabo San Lucas can't be trademarked by them,
and your use of "cabochon" has nothing to do with Cabo San Lucas.
They had nothing to lose by refusing to understand.. it cost them nothing
to threaten you. But had it gone anywhere near a courtroom (it never
would, and they had to know it) they would have gotten their butts
handed to them. In the end, they won by intimidating you. And
copyright would have nothing to do with this, it would be strictly
a trademark issue.
I used to have a website (cabochonrods.com) for my custom fishing rods. I was sent a cease and desist letter by the Diawa corporation because they had a fishing rod line called Cabo after Cabo San Lucas. Mine was "cabochon" because I put a cabochon in the butt of my rod as an ornamental item. Even after calling and explaining it to about 4 people, they held strong on the copyright infringement. It wasn't worth the legal battle to maintain my website so I just dropped it.
Unless you tried to trade on their name or reputation by pretending
to be them or pretending your products were associated with theirs,
you were in the clear. Cabo San Lucas can't be trademarked by them,
and your use of "cabochon" has nothing to do with Cabo San Lucas.
They had nothing to lose by refusing to understand.. it cost them nothing
to threaten you. But had it gone anywhere near a courtroom (it never
would, and they had to know it) they would have gotten their butts
handed to them. In the end, they won by intimidating you. And
copyright would have nothing to do with this, it would be strictly
a trademark issue.
This is bad, layman's advice. And untrue.
Engaging in a business that involves the same or similar goods AND incorporating part of their trademarked name ("Cabo"), means the trademark owner would likely prevail. Yes, they can (and apparently HAVE) trademarked "Cabo." Proper nouns are commonly registered as trademarks.
Steer clear of other trademarked names and avoid the legal headaches.
I used to have a website (cabochonrods.com) for my custom fishing rods. I was sent a cease and desist letter by the Diawa corporation because they had a fishing rod line called Cabo after Cabo San Lucas. Mine was "cabochon" because I put a cabochon in the butt of my rod as an ornamental item. Even after calling and explaining it to about 4 people, they held strong on the copyright infringement. It wasn't worth the legal battle to maintain my website so I just dropped it.
Unless you tried to trade on their name or reputation by pretending
to be them or pretending your products were associated with theirs,
you were in the clear. Cabo San Lucas can't be trademarked by them,
and your use of "cabochon" has nothing to do with Cabo San Lucas.
They had nothing to lose by refusing to understand.. it cost them nothing
to threaten you. But had it gone anywhere near a courtroom (it never
would, and they had to know it) they would have gotten their butts
handed to them. In the end, they won by intimidating you. And
copyright would have nothing to do with this, it would be strictly
a trademark issue.
This is bad, layman's advice. And untrue.
Engaging in a business that involves the same or similar goods AND incorporating part of their trademarked name ("Cabo"), means the trademark owner would likely prevail. Yes, they can (and apparently HAVE) trademarked "Cabo." Proper nouns are commonly registered as trademarks.
Steer clear of other trademarked names and avoid the legal headaches.
I'd take bets they'd lose. By your reasoning I couldn't call a fishing pole website anything with the word caboose either.
cabochon, is also a noun in its own right, it is a gemstone and has nothing to do with the name Cabo. Cabochon rods would translate more to gemstone rods than Cabo San Lucas or Cabo. Additionally, a web search using "cabo" turns nothing related to any fishing tackle from anyone.....
I used to have a website (cabochonrods.com) for my custom fishing rods. I was sent a cease and desist letter by the Diawa corporation because they had a fishing rod line called Cabo after Cabo San Lucas. Mine was "cabochon" because I put a cabochon in the butt of my rod as an ornamental item. Even after calling and explaining it to about 4 people, they held strong on the copyright infringement. It wasn't worth the legal battle to maintain my website so I just dropped it.
Unless you tried to trade on their name or reputation by pretending
to be them or pretending your products were associated with theirs,
you were in the clear. Cabo San Lucas can't be trademarked by them,
and your use of "cabochon" has nothing to do with Cabo San Lucas.
They had nothing to lose by refusing to understand.. it cost them nothing
to threaten you. But had it gone anywhere near a courtroom (it never
would, and they had to know it) they would have gotten their butts
handed to them. In the end, they won by intimidating you. And
copyright would have nothing to do with this, it would be strictly
a trademark issue.
This is bad, layman's advice. And untrue.
Engaging in a business that involves the same or similar goods AND incorporating part of their trademarked name ("Cabo"), means the trademark owner would likely prevail. Yes, they can (and apparently HAVE) trademarked "Cabo." Proper nouns are commonly registered as trademarks.
Steer clear of other trademarked names and avoid the legal headaches.
I'd take bets they'd lose. By your reasoning I couldn't call a fishing pole website anything with the word caboose either.
cabochon, is also a noun in its own right, it is a gemstone and has nothing to do with the name Cabo. Cabochon rods would translate more to gemstone rods than Cabo San Lucas or Cabo. Additionally, a web search using "cabo" turns nothing related to any fishing tackle from anyone.....
Drawing comparisons to "Cabo" and "caboose" is a much greater leap of faith than cabo vs. cabochon. It doesn't matter if the dictionary definition of cabochon is a gem or whatever--when it is used as a fanciful/arbitrary trademark, it takes on secondary meaning and the court will look at how that infringing mark appears or sounds like the plaintiff's superior (Cabo) mark. The court will look at the infringing mark as confusing the superior mark, or that it dilutes the superior mark Any first year law student could pick that apart. :biggrin:
I think its identical. The use described is neither fanciful or arbitrary since is descriptive - the rods were made with that gem included.I used to have a website (cabochonrods.com) for my custom fishing rods. I was sent a cease and desist letter by the Diawa corporation because they had a fishing rod line called Cabo after Cabo San Lucas. Mine was "cabochon" because I put a cabochon in the butt of my rod as an ornamental item. Even after calling and explaining it to about 4 people, they held strong on the copyright infringement. It wasn't worth the legal battle to maintain my website so I just dropped it.
Unless you tried to trade on their name or reputation by pretending
to be them or pretending your products were associated with theirs,
you were in the clear. Cabo San Lucas can't be trademarked by them,
and your use of "cabochon" has nothing to do with Cabo San Lucas.
They had nothing to lose by refusing to understand.. it cost them nothing
to threaten you. But had it gone anywhere near a courtroom (it never
would, and they had to know it) they would have gotten their butts
handed to them. In the end, they won by intimidating you. And
copyright would have nothing to do with this, it would be strictly
a trademark issue.
This is bad, layman's advice. And untrue.
Engaging in a business that involves the same or similar goods AND incorporating part of their trademarked name ("Cabo"), means the trademark owner would likely prevail. Yes, they can (and apparently HAVE) trademarked "Cabo." Proper nouns are commonly registered as trademarks.
Steer clear of other trademarked names and avoid the legal headaches.
I'd take bets they'd lose. By your reasoning I couldn't call a fishing pole website anything with the word caboose either.
cabochon, is also a noun in its own right, it is a gemstone and has nothing to do with the name Cabo. Cabochon rods would translate more to gemstone rods than Cabo San Lucas or Cabo. Additionally, a web search using "cabo" turns nothing related to any fishing tackle from anyone.....
You would likely lose your bet. Your "caboose" analogy, while cute, isn't very compelling. Nice try, though. :tongue:
Drawing comparisons to "Cabo" and "caboose" is a much greater leap of faith than cabo vs. cabochon. It doesn't matter if the dictionary definition of cabochon is a gem or whatever--when it is used as a fanciful/arbitrary trademark, it takes on secondary meaning and the court will look at how that infringing mark appears or sounds like the plaintiff's superior (Cabo) mark. The court will look at the infringing mark as confusing the superior mark, or that it dilutes the superior mark Any first year law student could pick that apart. :biggrin:
I have seen many other non-attorneys try to be clever and make generalizations like that, with equally amusing results. But the analysis is just not that simple. Trademark law is all about splitting hairs with words. I have practiced in this area of law long enough and have seen many similar cases go in the plaintiff's favor, with some hefty damages awards to go with them. The original poster wanted help with possible business names. I gave my advice. I will give it again: Do your due diligence and steer clear of registered or distinctive trademarks. A couple hours of Internet research can save you the hassle and expense of litigation later.
I think its identical. The use described is neither fanciful or arbitrary since is descriptive - the rods were made with that gem included.I used to have a website (cabochonrods.com) for my custom fishing rods. I was sent a cease and desist letter by the Diawa corporation because they had a fishing rod line called Cabo after Cabo San Lucas. Mine was "cabochon" because I put a cabochon in the butt of my rod as an ornamental item. Even after calling and explaining it to about 4 people, they held strong on the copyright infringement. It wasn't worth the legal battle to maintain my website so I just dropped it.
Unless you tried to trade on their name or reputation by pretending
to be them or pretending your products were associated with theirs,
you were in the clear. Cabo San Lucas can't be trademarked by them,
and your use of "cabochon" has nothing to do with Cabo San Lucas.
They had nothing to lose by refusing to understand.. it cost them nothing
to threaten you. But had it gone anywhere near a courtroom (it never
would, and they had to know it) they would have gotten their butts
handed to them. In the end, they won by intimidating you. And
copyright would have nothing to do with this, it would be strictly
a trademark issue.
This is bad, layman's advice. And untrue.
Engaging in a business that involves the same or similar goods AND incorporating part of their trademarked name ("Cabo"), means the trademark owner would likely prevail. Yes, they can (and apparently HAVE) trademarked "Cabo." Proper nouns are commonly registered as trademarks.
Steer clear of other trademarked names and avoid the legal headaches.
I'd take bets they'd lose. By your reasoning I couldn't call a fishing pole website anything with the word caboose either.
cabochon, is also a noun in its own right, it is a gemstone and has nothing to do with the name Cabo. Cabochon rods would translate more to gemstone rods than Cabo San Lucas or Cabo. Additionally, a web search using "cabo" turns nothing related to any fishing tackle from anyone.....
You would likely lose your bet. Your "caboose" analogy, while cute, isn't very compelling. Nice try, though. :tongue:
Drawing comparisons to "Cabo" and "caboose" is a much greater leap of faith than cabo vs. cabochon. It doesn't matter if the dictionary definition of cabochon is a gem or whatever--when it is used as a fanciful/arbitrary trademark, it takes on secondary meaning and the court will look at how that infringing mark appears or sounds like the plaintiff's superior (Cabo) mark. The court will look at the infringing mark as confusing the superior mark, or that it dilutes the superior mark Any first year law student could pick that apart. :biggrin:
I have seen many other non-attorneys try to be clever and make generalizations like that, with equally amusing results. But the analysis is just not that simple. Trademark law is all about splitting hairs with words. I have practiced in this area of law long enough and have seen many similar cases go in the plaintiff's favor, with some hefty damages awards to go with them. The original poster wanted help with possible business names. I gave my advice. I will give it again: Do your due diligence and steer clear of registered or distinctive trademarks. A couple hours of Internet research can save you the hassle and expense of litigation later.
A search on Cabo Fishing Rods reveals no indication that the 'trade mark'
claimed is registered. Qiamtum cabo fishing rods comes up often and by a lot of different sellers in none that I could find did the circled R appear indicating that it is registered.
If it's not then the "owner" would have to assert the claim under common law - a much more difficult undertaking since the plaintiff would have to prove their use of cabo was in fact a trade mark, which is at least questionable..
Lawyer/non-lawyer -- that's like saying engineer/non-engineer -- in most lawsuits there are lawyers on both sides - one side loses which means that lawyers are wrong about half the time. A couple of recent supreme court decisions attest to that - at least one of them I did not hear/read a single lawyer predict accurately what they ruled.....
I still think they would lose "cabo" itself is used too freely in business names.
But it's all moot.
I would expect that a super smart attorney such as yourself would be able to respond without getting personal. Lets settle out of court here - you don't call me a fool and I won't call you what you are.I think its identical. The use described is neither fanciful or arbitrary since is descriptive - the rods were made with that gem included.I used to have a website (cabochonrods.com) for my custom fishing rods. I was sent a cease and desist letter by the Diawa corporation because they had a fishing rod line called Cabo after Cabo San Lucas. Mine was "cabochon" because I put a cabochon in the butt of my rod as an ornamental item. Even after calling and explaining it to about 4 people, they held strong on the copyright infringement. It wasn't worth the legal battle to maintain my website so I just dropped it.
Unless you tried to trade on their name or reputation by pretending
to be them or pretending your products were associated with theirs,
you were in the clear. Cabo San Lucas can't be trademarked by them,
and your use of "cabochon" has nothing to do with Cabo San Lucas.
They had nothing to lose by refusing to understand.. it cost them nothing
to threaten you. But had it gone anywhere near a courtroom (it never
would, and they had to know it) they would have gotten their butts
handed to them. In the end, they won by intimidating you. And
copyright would have nothing to do with this, it would be strictly
a trademark issue.
This is bad, layman's advice. And untrue.
Engaging in a business that involves the same or similar goods AND incorporating part of their trademarked name ("Cabo"), means the trademark owner would likely prevail. Yes, they can (and apparently HAVE) trademarked "Cabo." Proper nouns are commonly registered as trademarks.
Steer clear of other trademarked names and avoid the legal headaches.
I'd take bets they'd lose. By your reasoning I couldn't call a fishing pole website anything with the word caboose either.
cabochon, is also a noun in its own right, it is a gemstone and has nothing to do with the name Cabo. Cabochon rods would translate more to gemstone rods than Cabo San Lucas or Cabo. Additionally, a web search using "cabo" turns nothing related to any fishing tackle from anyone.....
You would likely lose your bet. Your "caboose" analogy, while cute, isn't very compelling. Nice try, though. :tongue:
Drawing comparisons to "Cabo" and "caboose" is a much greater leap of faith than cabo vs. cabochon. It doesn't matter if the dictionary definition of cabochon is a gem or whatever--when it is used as a fanciful/arbitrary trademark, it takes on secondary meaning and the court will look at how that infringing mark appears or sounds like the plaintiff's superior (Cabo) mark. The court will look at the infringing mark as confusing the superior mark, or that it dilutes the superior mark Any first year law student could pick that apart. :biggrin:
I have seen many other non-attorneys try to be clever and make generalizations like that, with equally amusing results. But the analysis is just not that simple. Trademark law is all about splitting hairs with words. I have practiced in this area of law long enough and have seen many similar cases go in the plaintiff's favor, with some hefty damages awards to go with them. The original poster wanted help with possible business names. I gave my advice. I will give it again: Do your due diligence and steer clear of registered or distinctive trademarks. A couple hours of Internet research can save you the hassle and expense of litigation later.
A search on Cabo Fishing Rods reveals no indication that the 'trade mark'
claimed is registered. Qiamtum cabo fishing rods comes up often and by a lot of different sellers in none that I could find did the circled R appear indicating that it is registered.
If it's not then the "owner" would have to assert the claim under common law - a much more difficult undertaking since the plaintiff would have to prove their use of cabo was in fact a trade mark, which is at least questionable..
Lawyer/non-lawyer -- that's like saying engineer/non-engineer -- in most lawsuits there are lawyers on both sides - one side loses which means that lawyers are wrong about half the time. A couple of recent supreme court decisions attest to that - at least one of them I did not hear/read a single lawyer predict accurately what they ruled.....
I still think they would lose "cabo" itself is used too freely in business names.
But it's all moot.
But would you be willing to bet your business on the 50/50 chance that your trademark is not infringing? Believe what you want to believe.
I love accepting fees from fools like you. It's job security for me.
Diawa ain't Apple --- and probably don't have pockets near as deep as Apple.One company that comes to mind that bulls over everyone whether they have a right to a name or not is Apple.
Cisco owned the Iphone name when they bought a company that used it to market an internet phone. Iphone started talking to them about getting the name. Then went to market on the Iphone and had to come to a settlement on the trademark.
They also entered into an agreement with the Beatles record label regarding the right to the apple logo. the Label had the right for music related business and apple for non-music. Then comes the Ipod and Itunes, breaching the agreement. Apple won anyway.
Just because you are in the right, doesn't mean you will win.
Off your subject, but your user name/logo is "Leatherman". Do you work with leather or is this in relation to aviation.
John
I have a few names I could use an some of them are from your ideas .
Woodard Woodturnings
South Dakota Woodworking or Woodturning
Woodard WoodStudio
I might have more later.