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goldenegg1

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I would save myself the legal fees.
I seriously doubt this clown lasts very long.
If I stumbled across his website, I would immediately think that it was a fake website.
Is it me or is everyone and their brother opening up box break websites. It seems overkill to me.
 
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Hey, maybe we ought to start prospecting this guy

player_Wilson_SB_12.jpg


His name is Tyler Wilson from Olathe, KS. He plays/played for the Ottawa City Braves.
 

nyc3

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What's with all the dopes claiming 20 years and not having one once of creativity?
 

200lbhockeyplayer

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The site has been around for months, and hardly a blip.

If FCB really cares, just offer to buy the URL and move on. It's cheaper than filing a trademark and far less hassle than trying to wrestle with some random hobby guy. $300? A couple boxes of product? Come on, be a big boy.

The whole situation is reactionary and petty.

It's a fragile enough hobby (and forum), so strong-arming people to cover FCB's own mistakes is...well...a mistake.
 

TwinGnats

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[h=2]Must I register my trademark?[/h]No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits.

From uspto.gov

This is a pretty simple concept that we learned in business school. You do not need to register your mark in order to protect it. Just try google once in a while before having 50% of the post in a thread where you are 100% wrong. Just saying.

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.
 

sportscardtheory

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The site has been around for months, and hardly a blip.

If FCB really cares, just offer to buy the URL and move on. It's cheaper than filing a trademark and far less hassle than trying to wrestle with some random hobby guy. $300? A couple boxes of product? Come on, be a big boy.

The whole situation is reactionary and petty.

It's a fragile enough hobby (and forum), so strong-arming people to cover FCB's own mistakes is...well...a mistake.

I mean, does Chris really think this guy is costing FCB money by having a similar domain name? I don't see how.
 

TwinGnats

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That's not the point, you have to protect your trademark when someone tries to infringe on it. If I started an auction site called wBay and had $1000 in revenue my first year before eBay found out about it. I had not cost them any measurable amount of money. However if in 5 years I built it into a multi million dollar business then I could argue that I've built up the use of my mark independently. Is that a winning arguement? I don't know but it would be a much more expensive lawsuit. All the while whenever someone makes a typo and lands on my page and finds that my site is better I am costing eBay money because they didn't do anyting at first.

I mean, does Chris really think this guy is costing FCB money by having a similar domain name? I don't see how.
 

bradical

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[h=2]Must I register my trademark?[/h]No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits.

From uspto.gov

This is a pretty simple concept that we learned in business school. You do not need to register your mark in order to protect it. Just try google once in a while before having 50% of the post in a thread where you are 100% wrong. Just saying.

Yikes.

If Chris was looking to pursue legal action against the site, the US does require a formal registration of the trademark as a precondition for pursuing these types of actions.

If Chris were selling a product under the brand name FCB, then your post may hold merit, as he would have established his company and brand under common law.
 

TwinGnats

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It's the use of the mark commerce, one does not need a physical product. Advertising revenue alone proves commerce under the mark.

Yikes.

If Chris was looking to pursue legal action against the site, the US does require a formal registration of the trademark as a precondition for pursuing these types of actions.

If Chris were selling a product under the brand name FCB, then your post may hold merit, as he would have established his company and brand under common law.
 

bradical

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It's the use of the mark commerce, one does not need a physical product. Advertising revenue alone proves commerce under the mark.

I am not sure about that one.

I suppose if you wanted to make that your case, you would have to prove that the advertising revenue was dependent on the site itself, and not the contextual keywords located on the site. Also, that it was indeed a B2B or B2C advertising partnership and not a affiliate relationship.

Looking through our records to see if advertising revenue holds any water in law.
 

TwinGnats

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I read the earlier thread where everyone wanted to be a lawyer (still trying to figure out why anyone would admit they're a lawyer). I'll be clear, I'm not one.

My issue is the repeated attacks saying that FCB has no right to protect a mark they created and built, because they have not participated in a voluntary government program that can get exorbitantly expensive. That's the legal side. The ethical side is the guy who made the other site is a ****** (to use proper legal jargon).

I am not sure about that one.

I suppose if you wanted to make that your case, you would have to prove that the advertising revenue was dependent on the site itself, and not the contextual keywords located on the site. Also, that it was indeed a B2B or B2C advertising partnership and not a affiliate relationship.

Looking through our records to see if advertising revenue holds any water in law.
 

Dilferules

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So long suckers, this thread has given me the best money-making idea ever!

::immediately opens "peebay" to auction urinals and rubber sheets::
 

bradical

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My issue is the repeated attacks saying that FCB has no right to protect a mark they created and built, because they have not participated in a voluntary government program that can get exorbitantly expensive.

I agree. Chris should try like hell to protect FCB at all costs, I think what people are saying that if it comes down to it, and the law gets involved, we aren't sure what types of leg he has to stand on.
 

Lars

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I feel like you didn't far enough down to understand what your actually quoting - you maybe pissed but it seems like the first part of what you quoted is kind of some throwaway line open to interpretation but ultimately doesn't mean anything unless you actually register your trademark.

Just my observation

Must I register my trademark?

No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits.

From uspto.gov

This is a pretty simple concept that we learned in business school. You do not need to register your mark in order to protect it. Just try google once in a while before having 50% of the post in a thread where you are 100% wrong. Just saying.
 

Jaypers

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Well, I did stay at a Ioliday Hinn last night......
 

cgilmo

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After cooler heads prevailed I started talking to the registrant of the other site.


He's actually a pretty reasonable guy and we are working on a solution.
 

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