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Post by reTrEaD on Dec 31, 2021 18:44:30 GMT -5
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Post by newey on Jan 1, 2022 8:08:24 GMT -5
Yes, pretty ridiculous, and unlikely to succeed, either. Next, they'll be suing GM because its cars have fenders.
However, Fender is undoubtedly listening to its corporate attorneys, who probably feel they must aggressively enforce its trademark rights, for fear of losing the trademark for not doing so. There is quite a bit of caselaw where trademark holders have lost their rights via not enforcing them. Fender isn't trying to establish an infrigement here (at least, probably not), nor are they trying to put mom and pop out of business. What will likely happen is that, at some point, Fender will settle with the mom and pop, licensing them to use their product name in return for some nominal payment. That way, no future infringers can say Fender didn't defend its mark.
The mom-and-pop company would be in a stronger position (not to say their position isn't strong anyway . . .) if they didn't capitalize the word "fender" in their name. The fact that they registered the mark simply provides "notice to the world" of their use of the mark as of the date of registration. It doesn't prevent someone from claiming a prior use of the mark, or that the registered mark infringes upon their prior mark.
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Post by reTrEaD on Jan 1, 2022 9:21:05 GMT -5
Yes, pretty ridiculous, and unlikely to succeed, either. Here's the reality... If Fender files a cease and desist order, Win-D-Fender will have two choices: Option-1Discard any current stock of devices and packaging that have the current logo and come up with new name and logo that doesn't offend Goliath.   That could be costly.
Option-2Stay the course and go to court. That could be VERY costly. Goliath is already paying a team of attorneys who are looking for ways (like this) to justify their existence. David will have to pay for competent legal representation. And that doesn't come cheap. Such is the nature of corporate bullying. You don't need to be right. You just need your prey to have shallow pockets and you can make them your b***h. |
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Post by b4nj0 on Jan 2, 2022 5:21:44 GMT -5
Messrs. Fender LLC and their ilk, and predatory lawyers everywhere:
Send for Billy Bob ...
でつ e&oe ...
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Post by reTrEaD on Jan 3, 2022 13:12:30 GMT -5
Messrs. Fender LLC and their ilk, and predatory lawyers everywhere: Send for Billy Bob ... でつ e&oe ...I was thinking this: |
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Post by cynical1 on Jan 4, 2022 13:32:06 GMT -5
This is far from surprising. Corporate litigation is slowly turning into a revenue source for corporations. Where that isn't the case, it seems to become a club reserved for those with enough cash to wield it.
But hey, the CIA says we already meet 3 major criteria for revolution in this country...so don't sweat the lawyers...and remember your Shakespeare...specifically HENRY THE SIXTH, PART 2 ACT 4, SCENE 2, 71-78...
HTC1
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Post by pyrroz on Jan 24, 2022 15:54:36 GMT -5
I recall when the just bombarded Zastava motors dared to change their name to Zastava Motor Works (ZMW) they got sued by BMW for name ressemblence ... ^%$# shame...
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Post by unreg on Jan 24, 2022 16:38:30 GMT -5
...and remember your Shakespeare...specifically HENRY THE SIXTH, PART 2 ACT 4, SCENE 2, 71-78... Sigh, at one time I thought I had memorized ALL of Shakespeare, just like you all have done. But, sadly, I vividly remember a brick hitting my head… the tosser mentioned PART 2 of Henry The Sixth, and I suddenly discovered that PART 2 existed. Consequently, I never memorized PART 2… so I specifically can’t remember that Shakespeare. 😔 (This didn’t happen; my head is free of tossed bricks! 🙂) |
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Post by solderburn on Jan 30, 2022 17:06:29 GMT -5
Just pathetic. I'd say disappointing, but I'm not surprised at any underhanded legal action nowadays, the (in)justice system works so well for these greedy people with too much money that only want more.
Petition signed. Thanks for sharing, retread.
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