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- Thread starter bradical
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I sea what you did their.
200lbhockeyplayer
Active member
- Aug 10, 2008
- 11,049
- 2
I don't think you're correct here Chris. Do you have a trademark or anything filed other than Articles of Incorporation or Organization?
Just because you use a name and that it appears in use, it doesn't make it yours. I think you have little ground to stand on here without any legal ownership/filing of the mark/name.
Posted by witchcraft, voodoo and technological kung fu.
He has some legal ground if he can make the argument that this dude is trying to confuse customers thinking they're going to FCB to participate in group breaks and end up at that site instead. That's the main legal argument I see. The key with trademark infringement is confusing a consumer. You have to make the argument that the "copycat" or close new named company is so close in resemblance and operation that they're confusing the consumer as to who is who. There's also a physical proximity component that comes into play but I don't really know how that works since these are both websites and not physical locations. I'm not an expert on this stuff yet, just will be hopefully in a few years. 
200lbhockeyplayer
Active member
- Aug 10, 2008
- 11,049
- 2
Unless it's confirmed, there is no existing tradename/trademark/copyright to infringe upon.He has some legal ground if he can make the argument that this dude is trying to confuse customers thinking they're going to FCB to participate in group breaks and end up at that site instead. That's the main legal argument I see. The key with trademark infringement is confusing a consumer. You have to make the argument that the "copycat" or close new named company is so close in resemblance and operation that they're confusing the consumer as to who is who. There's also a physical proximity component that comes into play but I don't really know how that works since these are both websites and not physical locations. I'm not an expert on this stuff yet, just will be hopefully in a few years.
Again, using a name is not a trademark. An LLC name is only good for a specific state...and even then, not a trademark.
And judging by the lack of TM on the name or logo, a trademark doesn't appear to exist.
And therefore no legal ground.
Posted by witchcraft, voodoo and technological kung fu.
My guess is that he has heard of Freedom Card Board before...
Atlanta Area Card Shops - Blowout Cards Forums
nosterbor
Well-known member
I think its the same guy that owns this.
cmnkb8
New member
I think its the same guy that owns this.
"They got the Golden Arches, mine is the Golden Arcs. They got the Big Mac, I got the Big Mick. We both got two all-beef patties, special sauce, lettuce, cheese, pickles and onions, but their buns have sesame seeds. My buns have no seeds."
Keyser Soze
New member
I hate sesame seeds, where is this McDowell's?
Krom
New member
Queens.
Keyser Soze
New member
Will someone edit this thread title to mention the word "Leaf" or "Brian Gray" so Bob Loblaw will show up? He's everywhere except where you want him to be
He actually probably wont be chiming in here because he is actually working on this in a legal capacity.
sent this from the new fcb app. go get yours.
Where else would you go to find your queen?
sent this from the new fcb app. go get yours.
200lbhockeyplayer
Active member
- Aug 10, 2008
- 11,049
- 2
Interesting. I'm assuming that the thought is that an email, letter or phone call from an attorney will be enough...even though it's still not clear that there is any actual legal ground to stand on other than a "request."
Posted by witchcraft, voodoo and technological kung fu.
RITM
New member
- Aug 25, 2008
- 5,780
- 0
I'm with 200lb on this one.
200lbhockeyplayer
Active member
- Aug 10, 2008
- 11,049
- 2
I'll state that FCB does not appear to own any Federal trademark for any combination of "freedom"and "cardboard."
Therefore it's false to state that cardboardfreedom.com infringes upon anything. Sure, it's a clear and purposefully similar name, but that's not a legal issue. That's a "you" problem for not trademarking a name you now want to protect.
Sending Jeff to supposedly look into this (IE strong arm) is a dick move. Idle threats from attorneys is total crap.
You either protected the name or you didn't...and nothing shows that you did.
Posted by witchcraft, voodoo and technological kung fu.
Therefore it's false to state that cardboardfreedom.com infringes upon anything. Sure, it's a clear and purposefully similar name, but that's not a legal issue. That's a "you" problem for not trademarking a name you now want to protect.
Sending Jeff to supposedly look into this (IE strong arm) is a dick move. Idle threats from attorneys is total crap.
You either protected the name or you didn't...and nothing shows that you did.
Posted by witchcraft, voodoo and technological kung fu.
Bob Loblaw
Active member
Keep posting any dirt you have on him. Love you bloodhounds.
Krom
New member
Trademarks are pretty expensive and not an easy process, and i think you also have to have it (trademark name) published somewhere in print on top of everything.
200lbhockeyplayer
Active member
- Aug 10, 2008
- 11,049
- 2
Not sure how this relates...unless you think that not being able to afford, wait and create a legal trademark still implies you can own a trademark that has never been filed.
I don't like bullies....and FCB comes off as a baseless bully here.
If anything, FCB is guilty of stupidity or lack of foresight for not protecting the name.
Posted by witchcraft, voodoo and technological kung fu.
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