Comments on: The Fine Line Between Trademark Policing and Bullying http://vabizlawyers.com/2011/05/31/the-fine-line-between-trademark-policing-and-bullying/ The Experienced Business Transactions Team at Sands Anderson Marks & Miller, PC Wed, 30 May 2012 06:45:02 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: Donna Ray Chmura http://vabizlawyers.com/2011/05/31/the-fine-line-between-trademark-policing-and-bullying/comment-page-1/#comment-411 Donna Ray Chmura Tue, 07 Jun 2011 13:14:32 +0000 http://vabizlawyers.com/?p=258#comment-411 John, How is EMI's attempt to stop all uses of Entrepreneur, such as against Tshirts, really different than Monster Cable trying to stop all uses of Monster in unrelated goods and services? Is there a distinction in your mind because "Monster" in connection with audio cables is an arbitrary mark, and "Entrepreneur" in connection with anything but the magazine is arguably merely descriptive? John,
How is EMI’s attempt to stop all uses of Entrepreneur, such as against Tshirts, really different than Monster Cable trying to stop all uses of Monster in unrelated goods and services? Is there a distinction in your mind because “Monster” in connection with audio cables is an arbitrary mark, and “Entrepreneur” in connection with anything but the magazine is arguably merely descriptive?

]]> By: john troll http://vabizlawyers.com/2011/05/31/the-fine-line-between-trademark-policing-and-bullying/comment-page-1/#comment-399 john troll Thu, 02 Jun 2011 10:13:17 +0000 http://vabizlawyers.com/?p=258#comment-399 Although the topic of trademark bullying is popular your geeks have chosen a poor example to demonstrate the problem. A casual review of the tortured history of the so called trademark ENTREPENEUR makes it clear that but for the happy accident of a shockingly poor trademark decision the owners of the mark ENTREPENEUR would have been forced to accept what is painfully obvious- that the term entrepeneur is free for all to use for ANY purpose- with the possible exception of use as the title for a magazine, As has been widely noted, the folks at EMI are often in the strange position of fighting with their own audience. It is only a matter of time before they lose their trademark rights. Their bullying tactics are simply meant to postpone that day of reckoning. By contrast, the folks at Monster Cable appear to be classic trademark bullies. They own a perfecly acceptable trademark MONSTER, for a line of audio cables and related equipment. But they have chosen to assert rights against the world in the term MONSTER. Most recently, they were humiliated into settling with the owners of a mini golf course that used the term MONSTER. No possible connection to their commercial world- now that's bullying. Although the topic of trademark bullying is popular your geeks have chosen a poor example to demonstrate the problem. A casual review of the tortured history of the so called trademark ENTREPENEUR makes it clear that but for the happy accident of a shockingly poor trademark decision the owners of the mark ENTREPENEUR would have been forced to accept what is painfully obvious- that the term entrepeneur is free for all to use for ANY purpose- with the possible exception of use as the title for a magazine, As has been widely noted, the folks at EMI are often in the strange position of fighting with their own audience. It is only a matter of time before they lose their trademark rights. Their bullying tactics are simply meant to postpone that day of reckoning.

By contrast, the folks at Monster Cable appear to be classic trademark bullies. They own a perfecly acceptable trademark MONSTER, for a line of audio cables and related equipment. But they have chosen to assert rights against the world in the term MONSTER. Most recently, they were humiliated into settling with the owners of a mini golf course that used the term MONSTER. No possible connection to their commercial world- now that’s bullying.

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