Podge
is Blowin Smoke!
Let me give you all some Advice.. If you feel you have a pretty good, unique team name, get it Trademarked. Doesn't cost that much to do.. You can do it on Legalzoom even..
A little piece of Advice....
- Thread starter Podge
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Hope this revelation didn't come after somebody had an attorney send something in the mail.
Big Mike
is one Smokin' Farker
I don't remember, but If you can prove you were using it first wouldn't the other have to stop using the name??
bbq.tom
is Blowin Smoke!
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I believe that it is whomever trademarks it first gets to keep using it.
bawb
Knows what a fatty is.
big mike is right if you can prove you had it first your in good shape
Pappy Q
is Blowin Smoke!
Agree but the trademark is only as good as how much you're willing to spend to enforce it.
DR
Take a breath!
All great advise. But i will tell you that even though you are using it first, doesn't mean someone can't trademark it and serve you with a cease and desist order. It can be complicated and can go to court (Personal experience) but it will cost you more in the long run than it will to get it trademarked.
DR
Take a breath!
Did something happen to you bro?
Podge
is Blowin Smoke!
yup.. someone is using my team name, and trying to trademark it.. so, I'm trying to fight it, trademarking it myself. If I don't fight it, and try to keep my name mine, there's nothing stopping this guy to send me a cease and desist order to make me quit using my name. I should know something by the end of august.
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Good luck, Podge!
cpw
Babbling Farker
That sucks! Good luck with the fight!
DR
Take a breath!
That sucks bro. How did you find this out? How do you think you stand since they are applying before you? You gonna have to take this to court?
Big Mike
is one Smokin' Farker
Good luck Podge.
I did a quick google last night and noticed there was a moonswiners bbq restaurant in Ft. Pierce, FL and a Moonswiners BBQ & Catering in Gretna, VA.
Hopefully you get it TMd first. I did read last night that even if someone else TMs the name, if you can prove you were using it first, you should be able to continue to use it in the area you were already using it in. But, you would not be able to use it outside of that area. I know that isn't what you want though.
I did a quick google last night and noticed there was a moonswiners bbq restaurant in Ft. Pierce, FL and a Moonswiners BBQ & Catering in Gretna, VA.
Hopefully you get it TMd first. I did read last night that even if someone else TMs the name, if you can prove you were using it first, you should be able to continue to use it in the area you were already using it in. But, you would not be able to use it outside of that area. I know that isn't what you want though.
Head Foolz
Knows what a fatty is.
Do you have legal counsel or are you going at it yourself? Either way best if luck!
Podge
is Blowin Smoke!
Yes.. Ain't cheap, but this matter is very personal to me. It is a part of me. Had this name for 10 years, took me months to think of it on my own, and it's attached to some pretty big contests.
akoda
is one Smokin' Farker
Where does the KCBS stand on this, isn't there a site where you "register" your team name? I signed up somewhere for my name in KCBS
Podge
is Blowin Smoke!
Registering on a website with a private organization doesn't mean squat to the federal government. I was, however, able to show 10 years of proof where my name has been in print.
Big Mike
is one Smokin' Farker
There are a couple different places where you can list your team name but neither are official and neither show everyone. Many folks don't add their name and in my case, I let my KCBS membership expire and I was removed from the KCBS site.
