Thursday, January 23, 2014
Wednesday, November 20, 2013
Sunday, November 3, 2013
They have been pushing for a lawyers opinion on this, so here is one. http://www.avvo.com/legal-answers/what-does-it-mean-to-disclaim-a-word-in-a-trademar-359289.html
" A disclaimer means no rights are claimed to the word disclaimed except in the way the applicant uses it." (emphasis added)
If they continue to police this they will end up in court. The have won their trademarks but they have LOST the term. And they need to just focus on making their bears and leave everyone else alone.
" A disclaimer means no rights are claimed to the word disclaimed except in the way the applicant uses it." (emphasis added)
If they continue to police this they will end up in court. The have won their trademarks but they have LOST the term. And they need to just focus on making their bears and leave everyone else alone.
Monday, October 28, 2013
They asked Berta to get a lawyer, and then stated they couldn't believe anything a lawyer was "paid" to say. If that is true than I can disregard the letters I received from their lawyer as well. They continue to post things that make themselves look worse than I could so I will just let them drown in their own venom.
As there have been comments from all corners and different legal advice on the use of thread bear as a description for a thread bear, I will continue to use my own best judgment in it's use and file counter notices when needed for false charges of infringement.
1. thread bear is a legal description of bears made out of thread
2. The attempt to trademark the term was directly related to an attempt to eliminate competition.
3. the trademarked term "Thread Bears" may not be used to identify my business.
4. the term thread bear can be used as a description and has always been legal, more so now as it has been disclaimed as generic. No lawyer has disagreed with this. I cannot call my business Thread Bears but I can certainly use an accurate description if needed.
IMHO
As there have been comments from all corners and different legal advice on the use of thread bear as a description for a thread bear, I will continue to use my own best judgment in it's use and file counter notices when needed for false charges of infringement.
1. thread bear is a legal description of bears made out of thread
2. The attempt to trademark the term was directly related to an attempt to eliminate competition.
3. the trademarked term "Thread Bears" may not be used to identify my business.
4. the term thread bear can be used as a description and has always been legal, more so now as it has been disclaimed as generic. No lawyer has disagreed with this. I cannot call my business Thread Bears but I can certainly use an accurate description if needed.
IMHO
Friday, September 20, 2013
Click on this link to see the original Thread Bears Copyright
It is interesting that a recent argument was over the validity of copyright, when the copyright for thread bears does not even belong to them.
It is interesting that a recent argument was over the validity of copyright, when the copyright for thread bears does not even belong to them.
Wednesday, August 7, 2013
I don't know if there is any more worth posting? Just read THEIR blog. It really shows what the trouble is. When dealing with people who are so caught up in being "right" that they have saved every confusing scrap of evidence available to make everyone else look wrong there is a bigger issue than a little trademark for little thread bears. There are some serious issues that have nothing to do with bears.
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