For the color scheme of GWW + Condom Cash no less :)
Should be a few months until we can start enforcing our trademarked color scheme being used on some other industry forums :)
Regards,
Lee
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For the color scheme of GWW + Condom Cash no less :)
Should be a few months until we can start enforcing our trademarked color scheme being used on some other industry forums :)
Regards,
Lee
how do you trademark a script template?
We arent, we're trademarking a color scheme.Quote:
Originally Posted by Bec
Regards,
Lee
I don't know IP law that well, but I'd imagine that would be a pretty difficult hurdle to convince the trademark office to trademark colors alone.
I'm pretty sure, for example, you can use FedEx colors together for other than FedEx, and the grocery store is full of store-brand products with the same colors as the national brand.
Besides, do you really want to spend the money trying to enforce a trademark action over some other site for using your *color scheme*? That's like $50,000 or more to mount the challenge, and probably at least several thousand just to file... and if I'm not mistaken, you'd have to be able to prove actual monetary damages to collect anything.
When I created DVD sleeves, web graphics and company logos for that shithead who stole them from me, I couldn't do anything about it because....I was told (after submitting the required documents and paying the appropriate fees) that I COULD NOT copyright my work because you cannot copyright color scheme, fonts, or background textures unless you created them and they don't exist already. I don't know if you'll be able to copyright your color scheme, but I hope you are successful.
Actually, from what our IP attorneys tell us, it really isnt that much more difficult than trademarking a company name or insignia.Quote:
Originally Posted by gaybucks_chip
Lots of companies already have trademarked color schemes, for example, John Deere who trademarked their green/yellow color scheme.
With GWWs past history of using the color scheme we do and the potentially confusing water down effect of another forum using the same colors we do our attorneys say that we shouldnt have any problems at all getting the colors trademarked.
Regards,
Lee
I can see color scheme if it's part of the logo ie John Deere.
My old co GoTo.com sued Disney because the created an almost identical logo and using same colors.
But I would think you have to show that you used a color scheme before anyone else.
I mean it would be like coke saying ok Red and White is our color scheme no one else can use it
Usually something so general isn't going to make it through as an exclusive right I don't think
Quote:
Originally Posted by Lee
More than a few months, most likely.
I would say minimum 9 months, most likely 12-15 months.
USPTO can be counted on to always and faithfully take longer than expected no matter what.
But congrats on the first steps!!
We were told it should take less than 12 months based on previous trademark applications our ip attorney had filed.Quote:
Originally Posted by chadknowslaw
Im just looking forward to being able to enforce the trademark on certain boards that were developed after GWW that are using similarly confusing color schemes... Oh and yes, we only registered the color scheme trademark so i could be a total cunt to certain people in the industry, which is actually the same reason we're in the process of registering a few patents :)
Regards,
Lee
Hmmmmmmmmmm......
I am by no means an IP expert, so consider my opinion that of an educated layman-
You may have a tough row to hoe. I can think of a lot of competitors that have had similar color schemes -- Massey-Fergusun and International Harvester in the agricultural equipment manufacturing sector having similar reds; McDonald's, Burger King, Wendy's, and other fast-food chains having similar yellows and browns. You would have to show that the consumer of the product identified the product by the color scheme and I think you would have to show that the similar color schemes could cause confusion among the consumers.
Conversely, Adidas recently won an infringement suit against Payless Auto Rental for use of a 3 stripes logo.
I can to but non in the same field that we're currently working in, that werent around before GWW was using the colors first ;)Quote:
Originally Posted by chadknowslaw
Regards,
Lee
As a layman, I think it would be hard to win. When Massey-Fergusun and International Harvester both sell farm tractors and both in red color schemes compete directly and McDonald's and Burger King both have similar color schemes and compete directly those become huge precedents that would have to be overcome to enjoin a competitor from using a color scheme. I just believe it would be hard to show that a competitor cannot use a similar color scheme so long as things like logos and other identifying factors are different.Quote:
Originally Posted by Lee
However, as you have stated you have obtained competent legal counsel!
Chad,
From what we were told there have been several cases starting as early as 1990 where courts upheld that color schemes that were used by companies other than the one who initially used it were ruled in favor of the original color scheme user... Even when these colors were not used as part of a logo but as secondary, even tertiary brand use and even in cases involving packaging of products.
Which, would be the use of the GWW color scheme, its part of the overall packaging of the GWW Community/Directory whilst it doesnt matter if the colors on GWW change, someone else using the same colors would, once the trademark is approved, be violating it, especially if they were operating a similar forum, dealing with similar topics to us.
Regards,
Lee
Honestly to me, this sounds like a huge waste of money, but again thats just me. I would understand if you were a huge name brand in the market, but no offense, but GWW and/or Condom Cash are not a premier porn company (say maybe like a Hustler, Penthouse, Playboy).
Hopefully it works out for you, enforcing it could be tough, to me if the color is off just one little bit, it could be construed as a different color scheme and make your patent pretty much useless.
Trademarks are not just for 'premier' companies by any means, they are a way of protecting your companies assets and rights and actually add 'value' to a company should it ever be sold down the line.Quote:
Originally Posted by AcidMaX
Regards,
Lee
Sure the idea is to patent something unique. I guess I am just questioning the "value add" of something like this, when another company could use a similar color scheme but change the hue just a little and I would imagine the patent would be a non-issue when trying to go after them. Even though the color difference could be similar but miniscule. Good luck with it though :)Quote:
Originally Posted by Lee
There seems to be some confusion between what you think we applied for and what we actually applied for.Quote:
Originally Posted by AcidMaX
We applied for a trademark, NOT a patent, they are significantly different things :)
Once granted a trademark actually prohibits companies changing things 'just a little' and in fact prohibits them changing a lot to still look similar to our trademark.
Regards,
Lee
This topic actually interests me quite a bit as it just doesn't seem logical (not that you are incorrect, just in a general legal sense). I did get confused with patent and trademark, yet I did continue to look this up on the web. It seems most of the trademarks are not enforced unless it is extremely specific and within the same genre, and even then it has failed. One example I saw was the life savers stripe on their candy. Another company used the same colors just in a separate order, and Life Savers lost. While another was two companies who published law books and used the same color red. That company won. I just don't see how someone can trademark / claim a color? Would this mean you could go after anyone who used the color blue? Or the entire scheme gray/blue etc would have to be the same? Seems Acacia-esque.Quote:
Originally Posted by Lee
Not at all, its a specific set of criteria needed to enforce the trademark once granted, based on colors being used, type of product using the mark, how confusing it potentially is to people viewing the colors on a different site, etc, etc...Quote:
Originally Posted by AcidMaX
It not just a color thing to be honest, there is only 1 site in the industry right now that we would have no trouble enforcing the trademark against according to our IP attorney, because it was created to cause damage to GWW and pretty much uses almost the exact same colors we do.
Regards,
Lee
Methinks your attorney is looking for fees.
While I have issues with the forum in question, if you do decide to try to take action, all that's going to happen is you'll spend a ton of money and end up not getting anything for it. I would definitely call at least two other IP attorneys and get opinions from them before proceeding, because I've worked with a couple of IP guys and both explained that enforcing *any* trademark is expensive and generally not worth the hassle, and particularly a trademark issued on as weak a claim as color scheme, when the underlying look-and-feel of the site is so completely different, isn't going to go very far.
And besides, the benefits are going to be marginal at best.
Im not so sure about that, any publicity is GOOD publicity and again, showing that you actively try to enforce your trademarks is a good thing if it ever came to us selling the business down the road ;)Quote:
Originally Posted by gaybucks_chip
Enforcement of the trademark when granted, isnt the only reason companies file trademark infringement lawsuits :)
Regards,
Lee
Owens Corning has trademarked the use of the color pink in building insulation. I recall that they have sued at least one company for using the same color.
There was also some controversy over engadget.com using the color magenta and T-Mobile harassing them over it since they own the color.
My thoughts...company "A" establishes themselves then a rival company, "B" comes along using the same color scheme and doing the same business, but then throws shade at company "A", I could see how you could sue and possibly win.
Company "B" was setup and then used to pull business from "A", the problem is trying to prove they are hurting company "A"s profits.
i dont see how you can register a color when lots of them have been used already