client getting harrassed by beer brewing company over trademark ???

(O_o)

(O_o)

H̨̼̩͐̑͆̀̚&
Sep 23, 2010
4,718
91
0
L̇ͥͧ̑͋ͥ̏̔͆́̋̂̆̌̚̚&#8
I built a website for a client that includes the words "PubCrawl" in the domain name and the name of the site.

He was contacted by Abita brewing company lawyers today saying they own the trademark on the words "Pub Crawl" and they are wanting us to take down the website and hand over the domain.

Now when I look up on the United States Patent and Trademark Office Trademark Electronic Search System (TESS) the words "Pub Crawl", nothing comes up about this Beer brewing company owning the trademark what-so-ever.

I have asked for the exact Serial Number on the TM and waiting to hear back so I can investigate further. It just seems like some bullying tactics and BS to me.

Anyone experienced this before or familiar with trademark law and websites? What should I do? Wait for c&d ? Hand over site? tell them to fuck off?

Any input/comments/feedback are appreciated.


1VJ2-1298438310390.gif

1VJr-1298510023105.jpg

1VJt-1298466210894.jpg

1VJx-1298515363007.jpg

1VJA-1298510425606.gif
 


Shit. Nice tits. Anyways, if there isn't any record of the beer brewing company owning the TM, then they can't do bullshit about it. Ignore them, and keep doing what you're doing bro.
 
tell them to get a lawyer to check into it and clear everything up, then tell them to fuck off. lol
 
unregistered doesn't mean they aint using it, and your client is 'passing off'.

other point, some countries, (eg UK) don't allow trademarking of dictionary words (so you can't trademark 'fish') for example. Doubtful whether 'pub crawl' could be trademarked there, so simply host the site in uk.
 
nkobend said:
unregistered doesn't mean they aint using it, and your client is 'passing off'.

other point, some countries, (eg UK) don't allow trademarking of dictionary words (so you can't trademark 'fish') for example. Doubtful whether 'pub crawl' could be trademarked there, so simply host the site in uk.
Click to expand...

First point is somewhat right, but use in commerce doesn't guarantee protection. Similar names can be used in a different filing category as well. In this case, if the guy isn't brewing beer then it would be hard to claim passing off.

Search the UK trademark office Intellectual Property Office - Trade marks - find by mark text or image and you'll find dozens of live marks for the likes of "Orange", "Knot", "Football", "Dog House", and an expired one for "Pub Crawl" http://www.ipo.gov.uk/domestic?domesticnum=1505575 that would tend to prove your second point incorrect. Hosting your site in the UK also won't afford you any protection in this instance since the UK is party to international trademark conventions and all the complainant has to do is file a case with WIPO.

Anyways, if your buddy is really worried about it he should seek professional legal advice. Otherwise tell them to fuck off.
 
They've been doing Pub Crawls for awhile now and they have been enormously successful from what I can see - in case you were wondering.
 
Pub Crawl is way to generic. Tell them to fuck off.

In the UK, someone has trademarked the word "Anniversary". Yet the company i work for still trade off of it. it's in their domain name. no problems.
I think this brewery are just trying to be dicks.
 
At first I agreed w the posters above that said pub crawl is to generic -- but then I was like hmmm...

...cribbed this off a top serp. It makes sense

'Common words or phrases are therefore well within the scope of trademark protection, so long as the words or phrases in question are not generic for the types of good or services being provided under them. After all, how else would TIME (the magazine), SHELL (the energy giant), and CATERPILLAR (the equipment manufacturer) get their trademark registrations?'

The above text was from here

However I started a thread recently (mistitle Copyright) about trademarks -- got 0 replies LOL.

anyway where is that
 
GerardWon said:
At first I agreed w the posters above that said pub crawl is to generic -- but then I was like hmmm...

...cribbed this off a top serp. It makes sense

'Common words or phrases are therefore well within the scope of trademark protection, so long as the words or phrases in question are not generic for the types of good or services being provided under them. After all, how else would TIME (the magazine), SHELL (the energy giant), and CATERPILLAR (the equipment manufacturer) get their trademark registrations?'

The above text was from here

However I started a thread recently (mistitle Copyright) about trademarks -- got 0 replies LOL.

anyway where is that
Click to expand...

Here it is:

This just in from Autosport

FOG loses 'F1' trademark fight

Formula One Group

Thread Title should have been Trademarks -- got copyright on the brain lately.
__________________
 
Idiots, that's a state trade name registration (e.g. DBA), not a trademark!

There's is a TM owner for "Pub Crawl", but is sure isn't Abita. I'd almost respond asking if they're the owner listed in the TRADEMARK for Pub Crawl (though they clearly aren't):

Word Mark PUB CRAWL
Goods and Services IC 035. US 100 101 102. G & S: Advertising services, namely, promoting the entertainment, restaurant, and bar services of others
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 76699608
Filing Date September 24, 2009
Current Filing Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) HappyHourNights I, L.P. LIMITED PARTNERSHIP TEXAS 800 Colquitt Houston TEXAS 77006
Attorney of Record Mark R. Wisner
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE


How that was approved, and not either rejected or given generic 2F designation is a mystery...
 
Fatbat said:
First point is somewhat right, but use in commerce doesn't guarantee protection. Similar names can be used in a different filing category as well. In this case, if the guy isn't brewing beer then it would be hard to claim passing off.

Search the UK trademark office Intellectual Property Office - Trade marks - find by mark text or image and you'll find dozens of live marks for the likes of "Orange", "Knot", "Football", "Dog House", and an expired one for "Pub Crawl" Intellectual Property Office - Results that would tend to prove your second point incorrect. Hosting your site in the UK also won't afford you any protection in this instance since the UK is party to international trademark conventions and all the complainant has to do is file a case with WIPO.

Anyways, if your buddy is really worried about it he should seek professional legal advice. Otherwise tell them to fuck off.
Click to expand...

i'd like to see a link to that trademark 'orange' you claim to have found, if you please.

Because AFAIK you can't trademark a dictionary word in the UK. You can trademark terms that INCLUDE dictionary words (e.g. 'Orange Flibbertygibbits'). You can also trademark images that portray dictionary words in a particular style, but the mark is then on the image, not the word.

feel free to prove me wrong with some links.

And BTW, assuming that because the mark isn't 'registered' (oooh, how I hate getting technical with youse people) doesn't mean it isn't being used in a trademark sense and therefore has protection under the law. My point about passing off stands. All you've added to this is that he may be able to weasel under the wire if he can prove he's NOT passing off. Because passing off requires a deliberate attempt to mislead the public. Hard to see how you could mislead anyone if you're in a different area to the other party.

Your advice to seek legal odvice or 'tell them to fuck off' is somewhat correct. In the sense that he should seek legal advice.

To me, it just looks like the fuckers want to steal his domain (which is a pretty good one). They have no right to it, and he should fight for it.

PS, AFAIK, in the US you CAN trademark dictionary words. Which answers the prev poster's q.
 
It looks like your dealing with state of Louisiana issue. The firm mentioned isnt really your typicall backwoods firm you might think of in this area (these are Harvard boys) my guess is if you pull your "pub crawl" from this state you would be ok. I remember a real big deal with this same phrase about 4 or 5 years ago. I can remember if it was a national or a local issue but I do know this phrase has caused a lot of controversy. Try digging around for some older info to see what your up against
 
I really don't get how this can be right. So "Pub Crawls" have been around for ages and then some company in some state in the US trademarks the term so that means I can't advertise a Pub Crawl in Brighton around the local pubs because of international trademark laws???? Seems totally ridiculous to me and I'm not sure if it is actually correct. I understand that if they have a beer called "Pub Crawl" and I decide to make a beer called the same thing then they would have a case, but by advertising an ACTUALLY Pub Crawl I don't get how they would. Also if for example I owned the domain name www.ILikeToShellPeas.com then according to that logic the company Shell can sue me and take my domain name?
 
nkobend said:
i'd like to see a link to that trademark 'orange' you claim to have found, if you please.

Because AFAIK you can't trademark a dictionary word in the UK. You can trademark terms that INCLUDE dictionary words (e.g. 'Orange Flibbertygibbits'). You can also trademark images that portray dictionary words in a particular style, but the mark is then on the image, not the word.

feel free to prove me wrong with some links.
Click to expand...

I would assume the mobile phone company "Orange" holds that trademark in the UK if anybody does.
 
Abita brews some awesome beer, but this is bullshit. I might have to stop drinking it.......or not.
 
No certified letter in the mail = tell them to fuck off. I hate these law firms that pop up just to do thing kind of trademark scare tactic law. They need to prove that your use of the trademark is enough to confuse customers with their business. The term Pub Crawl as other have said has been around forever, is used all over the world by various businesses.

I am pretty sure these companies get paid on a per successful case basis. The more shit they can dig up and scare out of people the longer the bill they give the company that hired them.
 
Until you are served with papers, tell them to fuck off.

I can't tell you how many half-assed lawyers have tried these sort of scare tactics on me. Besides, what company in their right mind really wants to go to court over something so trivial - are you costing them tons of money? Even a small law firm is going to charge at least 15-20k just to take something like this to court.
 
jlknauff said:
Until you are served with papers, tell them to fuck off.

I can't tell you how many half-assed lawyers have tried these sort of scare tactics on me. Besides, what company in their right mind really wants to go to court over something so trivial - are you costing them tons of money? Even a small law firm is going to charge at least 15-20k just to take something like this to court.
Click to expand...

The problem is that if you don't defend your trademark properly you can risk losing the ability to defend it in the future when you really need to.
 
You must log in or register to reply here.
Top Bottom