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Probably, so long as there is no chance of "product confusion" and he did not try to make his logos look like theirs. For instance, GM once marketed a vehicle under the nameplate 'Beretta.' Of course this was already and still is a firearms manufacturer. The gun maker sued GM over the use of their trademarked name. It was settled out of court for "an undisclosed product exchange." GM sold Berettas (POS) and the gun maker said no more. I always wondered which, how many and who got the products Beretta traded to GM.
I think having the Beretta name on that POS is an afront to everything that is good and right in the world...
...I think the real issue here is that the term has been in common use so long and by others that you can't possible claim exclusive use without either perjury or such a level of ignorance as to rise to what I would call "negligent ignorance"So is this trademark claim perjury or negligent ignorance? That is what I would ask the Dervaeses if I got them on the stand. Which is it? Answer the question? I want the truth!
I just read in the San Francisco chronicle that they don't even have a lawyer. So the whole, "maybe they got bad legal advice" excuse just went out the window. They did this without lawyering up. On their own. No advice.<shaking my head in disgust>
Anyone remember the De®vaes "Ten Elements of Urban Homesteading"? #10 seems to really stand out for some reason......I just can't figure out why. "10. Be a good neighbor. Offer a helping hand for free. Urban homesteading is a community-based way of life, not a business opportunity. Be a neighbor, not a business person. "
Are they claiming that Mr. Pelton filed the claim now without their knowledge ?
I noticed today, while syncing my IPod, that The Urban Homestead Podcast has been taken down.Jules, my the bird of paradise fly up your nose, my an elephant caress you with his toes, my your wife be plagued with runners in her hose........
Mother Jones finally has it;http://motherjones.com/blue-marbleMy favorite quote:"Anyway, the irony of these folks claiming to have invented, and now own, the concept of self-sufficiency is just too blatant even to comment on. Now if you'll excuse me, I'm going out to my backyard™ where I'm planning to build a chicken coop™ so I can have some eggs™ ."
I just went out and got the last copy of Kelly Coyne's and Erik Knutzen's "The Urban Homestead" from a local bookstore. The clerk there commented that they had sold several in the past week or so!! Thanks to Jack and the De®vaes's, I got a great book (funniest book on gardening I have ever read!) that I had not been aware of before!Cheers,Ben
They put their Facebook page back up today. They changed permissions so you have to "friend" them to see the whole page. I am not their friend so that was as far as I got.
I reported their page to Facebook. What they're doing is against FB policy. Their profile doesn't represent a real person. It represents a company, and companies HAVE TO have a fan page. They cannot use personal profiles that require friend requests.