[Novalug] OT: Naming conventions of sites/businesses

James Ewing Cottrell 3rd JECottrell3@Comcast.NET
Sat Aug 14 13:06:13 EDT 2010


On 8/14/2010 11:17 AM, Tom Goldsmith wrote:
> I am by no me4ans a lawyer but...
>    
You play one on the Net? :)
> Your friend might well ignore this CD letter and most likely nothing
> will happen. If the big company decides to get nasty and sue, however,
> he'll be up to his eyeballs in legal expenses in a heartbeat, even if
> he's likely to win the case.
>    
I frequently hear this phrase, but I disagree. He doesn't need a lawyer. 
He doesn't even need to speak.
It's up to the plaintiff to make his case. More to the point, all your 
friend has to say is something like:

"$A $B $C is not a trademark infringement on $B $C when $B and $C are 
Generic Words." Surely that has been decided before.


> Given that he's just starting out, the cheapest solution is to adopt
> another name and spend his time and resources on his business rather
> than a legal fight.
>    
There is also a middle ground. He could "license" the trademark for a 
nominal sum, either $1 per year or maybe $100/year.
> I'd make a wager that this is what his lawyer will advise.
>    
Me too...lawyers want fees. They say that if there is but one lawyer in 
a town, he will starve, but if there are two, they will both prosper.

JIM

P.S. I was googling my alter ego and was amazed to find out that there 
is an RBJ Consultants in existence. I wonder how long it will be before 
I hear from them for using RBJ Consulting on my resume.



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