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  1. #1
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    Message removed by me (Lisa)1/22/02 .


    Lisa

    [ 01-22-2002: Message edited by: Lisa ]

  2. #2
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    Lisa,

    You can absolutely post it ... I would like to see the verbiage of the C&D also.

    Haiko
    PS. My TM attorney works with proskauer ... did you speak with a TM attorney?

  3. #3
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    Message removed by me (Lisa) 1/22/02, so as not to give "Freebies" any more "food for thought", should they run across this forum.


    Lisa

    [ 01-22-2002: Message edited by: Lisa ]

  4. #4
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    It doesn't look like that at all, I just copied and pasted the entire text from notepad , and it got messed up [img]/infopop/emoticons/icon_smile.gif[/img]

    Lisa

  5. #5
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    Lisa,

    After reading the C&D I'm ROTFLMAO!

    Your answer is very good but a bit "obtuse" ... lets nail the boofs on the first round. Give me till the morn ...and I'll mail [you] / post a response [img]/infopop/emoticons/icon_wink.gif[/img]

    Haiko

  6. #6
    Content $ Queen Ebudae's Avatar
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    Lisa, I'm no lawyer but it sure looks good! I wish you well!!

    I went through the same thing a while back with a common term and had to close a site. Wish I had the money to fight back then.

    Vicki :-)

  7. #7
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    Lisa,
    Great job on that letter, and the research. I am no lawyer, but if there is anything that I or my company can assist you with, please don't hesitate to ask. Also, I'd love to see their reaction when they get your letter. I think most people are in the situtation that Vicki was in (I've been there too) and closed the site down...I'm sure that this is the reaction that they were expecting...or at least a nasty letter in return. Your professionalism in that letter should get them spinning a little [img]/infopop/emoticons/icon_smile.gif[/img]

    Tom Pyles

  8. #8
    Assistant Regional Manager Rik's Avatar
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Also, I'd love to see their reaction when they get your letter.<HR></BLOCKQUOTE>

    So would I Lisa, keep us posted and good luck.
    I hope it all works out to your advantage.

  9. #9
    ABW Adviser Panel Dynamoo's Avatar
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    Great letter Lisa - the only thin I spotted were a couple of typos - "succesfull" instead of "successful" and "it's" instead of "its", a few punctuation issues etc - umm I guess what I'm saying is that the meaing is great, but the spelling and grammar needs to be 100% for a letter like that!

    I really must get gofreebies up asap so they can send me a letter too! [img]/infopop/emoticons/icon_smile.gif[/img]

  10. #10
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    Dynamoo, Very goog proofreadung, and tanks for purnting that out to me , but I wasn't done with the letter yet [img]/infopop/emoticons/icon_biggrin.gif[/img]


    "Great letter Lisa - the only thin I spotted were a couple of typos"

    What's a "thin" ???
    [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img] [img]/infopop/emoticons/icon_biggrin.gif[/img]

    Lisa

    [ 01-18-2002: Message edited by: Lisa ]

  11. #11
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    Lisa,

    They haven't a pray of winning anything.

    You should put on your letter, but probably shouldn't.

    Dear Freedbies,

    You have a serious moron for an attorney.
    Would you like Guido's phone number? He will remove this parasite from the gene pool at less than he charges you for bringing non-winnable lawsuits.

    Amd if you still persist in this idicoy, I have one thing to say: Let's get ready to rumble.

    [img]/infopop/emoticons/icon_smile.gif[/img] [img]/infopop/emoticons/icon_smile.gif[/img] [img]/infopop/emoticons/icon_smile.gif[/img] [img]/infopop/emoticons/icon_smile.gif[/img] [img]/infopop/emoticons/icon_smile.gif[/img] [img]/infopop/emoticons/icon_smile.gif[/img]

  12. #12
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    Sent!

    Haiko

  13. #13
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    Haiko,
    Got your email . Thanks so much for taking your time to help, you are a special and rare breed for sure !

    I had no idea you were going to call their attorney ,and I really do appreciate that , but I wish you would have told me you were going to do that prior to speaking on my behalf.


    Now , you know I will hound you ,untill you tell me every word that was spoken , right ?


    Lisa

  14. #14
    Guest
    Lisa,

    I can assure you that I did not mention you nor make referance to your site!

    I'll keep you updated on the second call!

    Haiko

  15. #15
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    [quote]Both Gene and Gail are in San Francisco for the food show (for another venture) and will not return till thursday.
    [/quoute]

    Will report after I speak with them tomorrow [img]/infopop/emoticons/icon_smile.gif[/img]

    Haiko

    [ 01-23-2002: Message edited by: Haiko ]

  16. #16
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    Hello Lisa,

    After you send your rebuttal letter to them expect another response from them declaring the same things they did in the first letter. At that point do not talk to them any further!

    It will be up to them to take the next step (which is court) and I doubt they will do anything.

  17. #17
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    I just joined the bandwagon ... abestfreebie.com [img]tongue.gif[/img] ... it'll be up in two days!

    Let's go Gene and Gail <IMG src=http://www.abestweb.com/smilies/biggrin2.gif>

    Haiko

  18. #18
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    I know this sounds absurd, but there is a very big chance that you would lose this case Lisa if it makes it to court. Common sense tells us all that the morons who sent you the letter and their attorney's are a bunch of idiots with nothing better to do. However, this is a matter of law, and law doesn't always follow common sense. They can also put you in a position where it might cost you $30,000 in legal fees just to prove you are right.

    -Just a warning that common sense doesn't apply here.

  19. #19
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    seaslug,

    Welcome! <IMG src=http://www.abestweb.com/smilies/welcome.gif>

    FYI - They own a TM for a stylized design of a word not the word! Plus about three other facts that preclude any action from them additionally a specific petition to the TTAB will will most probably result in them losing their TM!

    Haiko

  20. #20
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    Yes but what Lisa also needs to be aware of is that trademarks are not just granted to every application that is sent to the Feds.

    For instance, If I wanted to secure a trademark for a common word like "Apple", it is very likely that my application would be denied. Our government is very screwed up. Yes the word "freebies" is in the dictionary too.

    However, if it is as ridiculous as we all think and if "freebie" is such a common term that it can't be licensed as a trademark the same way that the word "apple" can't, then how on earth did their application get approved??

    This is big. One would think that the fed could never approve such a broad term for trademark. However, once approved, it becomes LEGALLY enforceable.

    Take a look at the Toys-R-Us case. Basically, they have proven to the business world that their trademark extends to EVERY use of the "R-us" term. Federal judges have reinforced this to death. It's so ridiculous that you would be sued (and lose the battle) if you used the name "Best Web-R-Us".
    Makes no sense to me.

    You aren't in the toy business. Anyone with half a brain wouldn't be confused. However, judges still allow Toys-R-Us to enjoy the exclusive trademark.

    Another prime example is the store "Staples". That's an even more common dictionary term than "freebies". However, The store has been granted a trademark by the feds. They have also won similiar battles in court that have ruled names like "LisasStaples" falls under the trademark umbrella. Lisa would lose that battle the same way whe could lose this one.

    It's really unfair and the little guys like us always seem to lose. The attitude seems to be "you snooze, you lose". Had Lisa applied for the trademark first, she would be the one who the courts would favor.

    In my opinion, "freebies" will win Lisa's case. They will receive the same protection as "staples", "yahoo", "amazon", and the hundreds of other companies who've chosen common dictionary words as their trademark. Even if they don't win, they have deeper pockets and could use their financial upperhand to force Lisa to give up the battle.

  21. #21
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    Yeah Seaslug, its worth pointing out that the "winner" can easily end up bankrupt, and thats if they win! The trick is to have won before you enter the courtroom. This also avoids any nasty consequences should the judge be corrupt (way more common than most people realize).

    I like Haiko's Plan. I reckon we should all register some nice new freebie domain names. In two months Gene and Whatshername could be way too busy to bother with Lisa.

    I

  22. #22
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    Yes, but... doesn't such claim of dilution (such as made by Toys "R" Us -- non-similar businesses in combat for similar names) require that the plaintiff be able to establish that their trademark is "famous" as defined by law?

    I seriously doubt the plaintiffs in the Freebies situation could claim fame... did anyone even know they existed before the threatening letters came out?

    (I do recognize that the law is different for two similar businesses where confusion is likely.)

  23. #23
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    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>However, if it is as ridiculous as we all think and if "freebie" is such a common term that it can't be licensed as a trademark the same way that the word "apple" can't, then how on earth did their application get approved??

    This is big. One would think that the fed could never approve such a broad term for trademark. However, once approved, it becomes LEGALLY enforceable.

    <HR></BLOCKQUOTE>

    Maybe I am misunderstanding trademark law, but from what I understand their trademark for "freebies" isn't for the word "freebies" in itself or in every instance/way it can be used, but in the logo of theirs (word freebies and how it is displayed) as it pertains to their freebie catalog, subscriptions and whatnot.

    There is a big difference in owning the trademark to the logo and to the word itself. They also own trademark for family "freebies", but only the "freebies" logo part of it as it pertains to their freebies rag that isn't even associated to their website - and by the way, they aren't even using the trademarked logo on their website.

    Of course, I could have it all wrong, but I don't read into their trademark anything close to owning the rights to the word "freebies".

    what say you all??

  24. #24
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Ms. Mary,

    <BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>what say you all??<HR></BLOCKQUOTE>


    ABESTFREEBIE.com

    ... I'll take first fiddle on it!

    I like the laugh and the "challenge"!

    Haiko

  25. #25
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    I'm not sure, MissMary, but I think there is usually a disclaimer if there is an intention to not claim trademark on the words represented in a drawing.

    ...

    (looking stuff up)
    For example, on "diet coke" it states "No claim is made to the exclusive right to use the word "Diet", apart from the mark as shown."

    But I really don't know.

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