*Also: I'm glad Magic Hat is doing SO poorly that they need to file frivilous lawsuits against companies for promoting Magic Hat with a beer that CAN'T POSSIBLY be worse than the E36 M3 they sell.
*Also: I'm glad Magic Hat is doing SO poorly that they need to file frivilous lawsuits against companies for promoting Magic Hat with a beer that CAN'T POSSIBLY be worse than the E36 M3 they sell.
Javelin wrote: If the marks were too similar, the USPTO wouldn't have issued the TM to West Sixth in the first place.
I don't remember enough of my IP law class to recall if this is one of those cases where the USPTO just stamps everything and lets the courts sort out the "me first" stuff, or if that's only copyright. Some of this has changed over time, but not nearly enough.
I definitely missed the 2013 date on this filing. What's interesting is I can't find any other filing on #9 for Magic Hat that predates this one, and (I think) they've demonstrably had one before it.
I dunno, similar font, circle, circular number, special star. IANAL, so this is all just going off a class I took almost a decade ago. If you put me on a jury, I'd probably go with Magic Hat, but I have my prejudices (which are not based on brew quality in this case).
Javelin wrote: The thing is, this argument doesn't hold water. If the marks were too similar, the USPTO wouldn't have issued the TM to West Sixth in the first place.
Your argument would hold water if the USPTO had actually completely issued West Sixth the trade mark (#85739821). You can see the timeline here. The trademark process had yet to be completed. Notice how in the below letters it's referred to as the application.
If anyone would like a look at the letters exchanged, you can find them here.
hazelbazel said:I know this post is pretty old, but I wanted to chime in on the issue of corporate bullying via lawsuits.
It's unfortunate to see big corporations using legal action to intimidate or bully smaller businesses. However, it's not uncommon, and it's important to know your rights and stand up for yourself if you feel like you're being unfairly targeted.
I agree. I feel kinda like I'm being unfairly targeted by a canoe-selling corporation currently. Any ideas on how to combat that?
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