View Full Version : Trademarks... are you kidding me? ™
Caseyelan
07-13-2009, 01:09 PM
So HandiLift is no longer.
No more robot chairs from handilft.
My pops just got a cease and desist from another handi lift who trademarked the name.
CAN THIS REALLY HAPPEN?
My dad has been using this name for about 15 years. Spend hundreds of thousands of dollars establishing that name, advertising..... etc.
Now, he has to change it!?
So garbagey.
Isn't there loopholes for this nonsense?
My dad called me having a massive panic attack. The economy being what it is and biz being slow, this will for sure end his line of work. I feel terrible for him.
Meataball23
07-13-2009, 01:14 PM
Thats horrible news and im terribly sorry to hear it, but as luck would have it, I believe you are married to someone whos creative enough to come up with a fantastic new name
Caseyelan
07-13-2009, 01:15 PM
Thats horrible news and im terribly sorry to hear it, but as luck would have it, I believe you are married to someone whos creative enough to come up with a fantastic new name
robot chairs for oldies is trademarked already
TooLowBrow
07-13-2009, 01:15 PM
just trademark retardescalator
Enabler
07-13-2009, 01:17 PM
That blows. Its like when the WWF had to change their name after all those years of fighting with the other WWF.
How bout Handy-Lift? Or is that too much like a jack shack?
EliSnow
07-13-2009, 01:17 PM
So HandiLift is no longer.
No more robot chairs from handilft.
My pops just got a cease and desist from another handi lift who trademarked the name.
CAN THIS REALLY HAPPEN?
My dad has been using this name for about 15 years. Spend hundreds of thousands of dollars establishing that name, advertising..... etc.
Now, he has to change it!?
So garbagey.
Isn't there loopholes for this nonsense?
My dad called me having a massive panic attack. The economy being what it is and biz being slow, this will for sure end his line of work. I feel terrible for him.
My legal advice from having studied this issue in law school, have your dad talk to a intellectual property lawyer. He has options.
TripleSkeet
07-13-2009, 01:17 PM
Thats fucking bullshit. My advice would be to change the I to a Y and trademark HandyLift.
Furtherman
07-13-2009, 01:17 PM
I blame the pandas!
brettmojo
07-13-2009, 01:20 PM
Thats fucking bullshit. My advice would be to change the I to a Y and trademark HandyLift.
Or Hand-E-Lift, Hand-A-Lift...
Either way it'll probably hurt the business.
Enabler
07-13-2009, 01:20 PM
Thats fucking bullshit. My advice would be to change the I to a Y and trademark HandyLift.
good idea. i swear im invisible on this board.
ChrisTheCop
07-13-2009, 01:21 PM
Lift-a-Handi?
Sorry for your pop. But when Ron was talking about this, I was surprised that
he hadnt been challenged already. Havent these things been around for awhile?
Mrs Soprano had one. I think the mean lady from Gremlins had one too.
Or am I just thinking of those and your dad's is something totally different?
Devo37
07-13-2009, 01:22 PM
how bout "Jack 'N' Lift"
Evolved
07-13-2009, 01:23 PM
My legal advice from having studied this issue in law school, have your dad talk to a intellectual property lawyer. He has options.
This.
If you're Dad had the name before the other company started using it he may be ok.
Monster, the audio/video company, tries to pull this shit all the time. They sued a mini golf place for using the name Monster mini golf.
ChrisTheCop
07-13-2009, 01:23 PM
good idea. i swear im invisible on this board.
The time stamp indicates parallel writing.
No cease and desist order shall be issued for either of you.
Caseyelan
07-13-2009, 01:26 PM
Two words: Crip-Trip.
Three letters:
L
O
L
Bob Impact
07-13-2009, 01:31 PM
Two words: Crip-Trip.
HA!
I was popping in to say have him get ahold of an Intellectual Property rights lawyer but several others have said it so I'll just revel in the funny of Crip-Trip instead.
beachbum
07-13-2009, 02:03 PM
Not to be a dick but I can't believe your dad used this name for 15 years and didn't protect it.
boosterp
07-13-2009, 02:08 PM
Listen to Eli.
RhinoinMN
07-13-2009, 02:14 PM
Listen to Eli.
x2
A few years ago a rival company up and decided to use our name. Our name was trademarked. We ended up with all profits from sales made and they had to cease and desist. They no longer operate.
I'm assuming our lawyer was better than theirs or they were so new that they knew that it would just get worse.
It really sucks when you come up with a name, make it known in the field and then some dick decides to pilfer it. :wallbash:
RhinoinMN
07-13-2009, 02:16 PM
This.
If you're Dad had the name before the other company started using it he may be ok.
Monster, the audio/video company, tries to pull this shit all the time. They sued a mini golf place for using the name Monster mini golf.
Hahah. I suppose they are after the energy drink now.
I am almost 100% sure that it doesn't matter who trademarked the name first. If your father can prove he was using the name first he's good.
But make sure follow Eli's advice and not rely on my vague memories from Business Law.
Caseyelan
07-13-2009, 02:24 PM
He is seeking counsel on it.
and after doing much research it costs A FUCK TON of money to protect a name beachbum. Plus, he and his brother and his brothers friend all use the name.... no one had an issue sharing it.
They are a small biz, they didn't think this would ever be an issue.
Farmer Dave
07-13-2009, 02:52 PM
Could it be the dick head is just looking for a pay-off to keep using the name?
What's the nature of the other business?
Fallon
07-13-2009, 02:57 PM
I've trademarked this thread. My lawyer mikeyboy insists you stop posting.
TripleSkeet
07-13-2009, 03:02 PM
good idea. i swear im invisible on this board.
Sorry bro. Your post wasnt up when I wrote that. Look at the post times.
Ritalin
07-13-2009, 03:07 PM
I've trademarked this thread. My lawyer mikeyboy insists you stop posting.
Excuse me, Future Defendant, but I've already trademarked the entire idea of trademarking threads, and I've trademarked the words "trade" and "mark".
So, if you'll be so kind, just go ahead write me out a check - made
out to "cash" please - and then move along and
find another corner.
STC-Dub
07-13-2009, 03:11 PM
That sucks.
underdog
07-13-2009, 03:14 PM
good idea. i swear im invisible on this board.
I know the feeling.
SatCam
07-13-2009, 03:54 PM
Appendagy-Elevator
I know the feeling.
Who are you again?
underdog
07-13-2009, 04:10 PM
Who are you again?
I don't even know anymore.
Recyclerz
07-13-2009, 04:32 PM
How about "Stairlift to Heaven"? I can't imagine that anybody would have an issue with that one.
Foster
07-13-2009, 04:34 PM
Famous Original Doug's HandiLift
Annie Waits
07-13-2009, 05:53 PM
That's crazy, I was so excited cuz Saturday I was driving down Hendersonville Rd and there it was: Handi-lift.
I've been driving by that place quite a few times and never noticed it until last weekend. I hope all turns out well for your dad Casey, I'm sure he'll figure something out.
lleeder
07-13-2009, 06:08 PM
How bout calling it "Hey you remember the movie Gremlins...lift"?
Death Metal Moe
07-13-2009, 06:27 PM
Not to be a dick but I can't believe your dad used this name for 15 years and didn't protect it.
This.
When you go into business you have to take the necessary steps to make sure this shit don't happen. Checking for trademarked names is like the basic Step 1. My band had to change our original band name back in 96 because some other small band already protected it, and that's small potatoes compared to a business like this with employees and the rest.
But he I'm glad he's not just laying down, he can fight this.
~Katja~
07-13-2009, 10:40 PM
How about "Stairlift to Heaven"? I can't imagine that anybody would have an issue with that one.
if the people intended to buying this were just looking for a trip to heaven they'd walk instead and are guaranteed to trip and fall and be there free of charge.
I don't know much about trademark laws and definitely would go with a good lawyer on the issue... if it's this (http://handi-lift.com/) company suing they claim to have been in business for 30 years... that does not mean they had the name though, so there might be options
ToiletCrusher
07-14-2009, 03:50 AM
Can he call them "motorized chair lifts that are not unlike those from the movie gremlins but won't come with gremlins" for the home.
Caseyelan
07-14-2009, 04:01 AM
When you go into business you have to take the necessary steps to make sure this shit don't happen. Checking for trademarked names is like the basic Step 1. My band had to change our original band name back in 96 because some other small band already protected it, and that's small potatoes compared to a business like this with employees and the rest.
Again, the name has been shared by a few people for a long time.
He has been in business with this name for over 13 years and in this business since he was 19.
Turns out the guy who is pulling this is someone my dad worked with who feels like "fucking around"
ToiletCrusher
07-14-2009, 04:05 AM
Can he change the spelling of the product name?
Is that enough to make it a "different" product?
It gets worse now the relatives of Conrad "Special Delivery Jones" Efraim are suing Sam and East Side Dave
:ohmy:
EliSnow
07-14-2009, 04:59 AM
Methinks Casey's family realizes what they could have or should have done in the past. And they don't need others pointing that out. They're looking for help going forward.
And some ability to vent about the situation.
Caseyelan
07-14-2009, 05:10 AM
Methinks Casey's family realizes what they could have or should have done in the past. And they don't need others pointing that out. They're looking for help going forward.
And some ability to vent about the situation.
Methinks casey needs coffee and a long walk.
I just hope that Dave is trademarking all of his inventions.
EliSnow
07-14-2009, 05:14 AM
I just hope that Dave is trademarking all of his inventions.
I hope he patents them.
Otherwise, he's really fucked.
Caseyelan
07-14-2009, 05:14 AM
I just hope that Dave is trademarking all of his inventions.
He submitted "toothwasher" the other day.
He submitted "toothwasher" the other day.
Eat your heart out Thomas Edison!
I still burst out laughing randomly at the thought of him setting off a "Seed Grenade" and screaming and maiming that would follow
drjoek
07-14-2009, 06:12 AM
He submitted "toothwasher" the other day.
Apparently you haven't heard of the drjoek patented toothwasher! You will be hearing from my attorneys Dewey Cheatum and Howe
realmenhatelife
07-14-2009, 06:26 AM
If he changes it to Spandy-Lift I know who he can get to be the spokesman.
disneyspy
07-14-2009, 06:27 AM
If he changes it to Spandy-Lift I know who he can get to be the spokesman.
i heard each order gets a pan of ziti
Your father should reestablish name recognition by offering a two for one deal. For one low price you get the chair that pushes you upstairs and the spring-loaded mallet to take your cadaver-in-training to the ground floor.
And have Dave do the commercials:
"Friends. Over 1,950 years ago, Jesus Christ mass-marketed a chair with a back giving the masses the freedom to sit down at his or her leisure. In 2009, Mr. Doug has perfected this technology with the Upsie Daisy. Act now and we will throw in the Oopsie Daisy. Has Beanie, er, your loved one ever refused to buy your baby girl Guitar Hero 3 for the PS3? Well, give her the gift of flight with Mr. Doug's Oopsie Daisy, free with every order!"
Caseyelan
07-14-2009, 06:44 AM
Your father should reestablish name recognition by offering a two for one deal. For one low price you get the chair that pushes you upstairs and the spring-loaded mallet to take your cadaver-in-training to the ground floor.
And have Dave do the commercials:
"Friends. Over 1,950 years ago, Jesus Christ mass-marketed a chair with a back giving the masses the freedom to sit down at his or her leisure. In 2009, Mr. Doug has perfected this technology with the Upsie Daisy. Act now and we will throw in the Oopsie Daisy. Has Beanie, er, your loved one ever refused to buy your baby girl Guitar Hero 3 for the PS3? Well, give her the gift of flight with Mr. Doug's Oopsie Daisy, free with every order!"
whoa
hammersavage
07-14-2009, 06:48 AM
whoa
<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/uHvKR1tltGc&hl=en&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/uHvKR1tltGc&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>
hydee
07-14-2009, 06:54 AM
So HandiLift is no longer.
No more robot chairs from handilft.
My pops just got a cease and desist from another handi lift who trademarked the name.
CAN THIS REALLY HAPPEN?
My dad has been using this name for about 15 years. Spend hundreds of thousands of dollars establishing that name, advertising..... etc.
Now, he has to change it!?
So garbagey.
Isn't there loopholes for this nonsense?
My dad called me having a massive panic attack. The economy being what it is and biz being slow, this will for sure end his line of work. I feel terrible for him.
This happens all the time in the corporate world. Sorry to hear your dad has to change the name of his product, I recommend that he research the new name he comes up with and register for a trademark.
Chigworthy
07-14-2009, 07:01 AM
Burden Booster
King Hippos Bandaid
07-14-2009, 07:48 AM
that sucks
the funny (not actually funny) attempt is 99 Lift Balloons
an actual attempt Mobile Lift
disneyspy
07-14-2009, 07:50 AM
with our country gettin more and more obese,maybe he can coin"fatty-lift"?
BullsLawDan
07-14-2009, 08:00 AM
Remember this next time someone bitches about lawyers.
Throwing a thousand bucks at one back when the business started could have 100% prevented this.
beachbum
07-14-2009, 01:46 PM
He is seeking counsel on it.
and after doing much research it costs A FUCK TON of money to protect a name beachbum. Plus, he and his brother and his brothers friend all use the name.... no one had an issue sharing it.
They are a small biz, they didn't think this would ever be an issue.
People suck.I'm sure the people who did this knew full well that your dad had built this name into something and are just trying to either work off of his good name or con him into buying his own name back from them.it's like people who buy up domain names for celebrity names or corporations.
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