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They stole me.
https://mail.karaokescenemagazine.net/forums/viewtopic.php?f=1&t=14128		 Page 1 of 2
Author:  Jian [ Thu Jul 17, 2008 8:32 pm ]
Post subject:  They stole me.
Someone stole my name and trademark it.

http://www.jian.com/index.html

Quote:
JIAN® (jee'-on) is a contemporary American software company applying modern techniques to the art of building businesses. For more than 20 years, we've focused exclusively on developing business software to help entrepreneurs and business owners to complete important business projects in a fraction of the time it would otherwise take to do them from scratch. JIAN's unique approach to business planning also offers many advantages.
Author:  MorganLeFey [ Thu Jul 17, 2008 8:51 pm ]
Post subject:  Re: The stole me.
omg does this mean you cant use your name?
Author:  Jian [ Thu Jul 17, 2008 10:30 pm ]
Post subject:  Re: The stole me.
I have offical documents to proof that I use that name very much earlier.
Author:  timberlea [ Fri Jul 18, 2008 5:09 am ]
Post subject:  Re: The stole me.
Jian try to be a McDonald and try to open a restaurant and call it McDonald's. I guarantee you won't be staying open with that name for very long. LOL
Author:  CACTUSJACK [ Fri Jul 18, 2008 7:02 am ]
Post subject:  Re: The stole me.
there is a gentleman in waurika, oklahoma that makes a living out of trademarking names, as a matter of fact he's filthy rich. i know he owns the dallas tx airports name and hundreds of others, every time they use it he gets a royalty. i have been told that he owned president bush name as well, but gave it back to him. the price was to have dinner with him. yeah, i know it doesn't sound legal, but evidently it is......cal
Author:  mckyj57 [ Fri Jul 18, 2008 7:18 am ]
Post subject:  Re: The stole me.
CACTUSJACK @ Fri Jul 18, 2008 10:02 am wrote:
there is a gentleman in waurika, oklahoma that makes a living out of trademarking names, as a matter of fact he's filthy rich. i know he owns the dallas tx airports name and hundreds of others, every time they use it he gets a royalty. i have been told that he owned president bush name as well, but gave it back to him. the price was to have dinner with him. yeah, i know it doesn't sound legal, but evidently it is......cal

You can do that type of thing as a nuisance. But in order to prevail in a trademark case in the US, you have to show evidence of using it. You can't just figure a cool name and "reserve" it.
    "Hey, I got dibs on McDonalds!"
Author:  vbu2c5 [ Fri Jul 18, 2008 8:34 am ]
Post subject:  Re: The stole me.
I read that several years ago AMC tried to sue some little hole in wall bar that was called Jeeps or Jeep. When the owners came up with proof that the bar had the name a few years before AMC ever even thought of using the Jeep name, they backed down and left town in a hurry.

Garth Brookes and Spike Lee had trademark lawsuits also that got thrown out.
Author:  DJ Swirl [ Fri Jul 18, 2008 9:00 am ]
Post subject:  Re: The stole me.
CACTUSJACK @ Fri Jul 18, 2008 11:02 am wrote:
there is a gentleman in waurika, oklahoma that makes a living out of trademarking names, as a matter of fact he's filthy rich. i know he owns the dallas tx airports name and hundreds of others, every time they use it he gets a royalty. i have been told that he owned president bush name as well, but gave it back to him. the price was to have dinner with him. yeah, i know it doesn't sound legal, but evidently it is......cal


I'm not sure how this practice is even possible. People used to do this with website names back when there was no precedence set, but after corporations started to win these cases over Joe Schmoe who owned the domain, the landscape quickly changed. I can't see how someone could own the copyright to George Bush's name.
Author:  Babs [ Fri Jul 18, 2008 11:54 am ]
Post subject:  Re: The stole me.
You will always be the original "Jian" to me ! :hug:
Author:  CACTUSJACK [ Sat Jul 19, 2008 1:19 am ]
Post subject:  Re: The stole me.
i will get some more details my wifes family still lives there. i will find out what his name is, so i can do some research...cal
Author:  CACTUSJACK [ Sat Jul 19, 2008 5:19 am ]
Post subject:  Re: They stole me.
sorry for not investigating first.....well he never trademarked a name like i was told...i should have took the source into consideration.... he owns domain names....here's the guys name....Scott Day, a watermelon farmer from Waurika, OK, discovered domain names in 1997 when he bought watermelons.com for $3000. Today, he holds one of the most admired portfolios in the business.....heres an excerpt .....It also features other feel good stories, such as that of watermelon farmer Scott Day, who now owns arguably the best portfolio of domain names in the world, including Recipes.com, Shops.com, and, of course, Watermelons.com......heres another excerpt this is where it relates to president bush......That terrifies Scott Day, the Oklahoma watermelon farmer who made news by registering georgebush.com and then handing it over to the Bush campaign in exchange for a meeting with the candidate.
Day, president of Digimedia in Terral, Okla., buys generic domains and then seeks to either sell or develop businesses around them. He owns desert.com, recipes.com and fantasyfootball.com. check this article out...cal.......http://domainsandkeywords.com/2007/08/0 ... rsindustry
Author:  eben [ Tue Jul 22, 2008 3:10 pm ]
Post subject:  Re: They stole me.
My understanding of the TM law is that even if you used it before someone else trademarked the name, you can lose the rights to the domain name, unless you own a REGISTERED trademark of the name.

There are two types of trademarks. One is you don't have to file with Patent and Trademark office. Then you can use it as a trademark, as long as you put a little c with a circle around it. If the rightful ownership is in question, they ask two questions, when did that person start using the trademark and how was it used. Usually, it depends where you used the trademarks that makes the difference as much as when you started to use it. For example, if you just put it on a piece of paper that no one else have seen, you are less likely to keep it. If you have it plastered all over your marketing material, signs, etc., you are more likely to win the case.

Before the domain days, you can use the trademark, as long you are not in the same business. With the domains, it get very unclear, typically one who has used it longer has more right to use.

Now, similar story is registered trademark, one with that little r with a circle around it. Once you register with the trademark office, you have broader rights to the name, including the domain name. I have seen where big companies with a registered trademark going and suing smaller companies to stop using the trademarked name/phrase/logo/domain name even if they may have started to use it before them.

One interesting case involved with this is Apple versus Apple. Although Apple Records existed before Apple Computer, recent ruling allowed Apple to use the trademark, despite Apple Computer (Now just Apple) encrouched in to the music space Apple Records is in.

Also, my understand is that even if you use the name, if it's not a trademarked, then you can lose the right. So, my suggestion is to put a little c with a circle on everything you operate. That way you may be covered by first use rule.

Disclaimer, I am not a lawyer, this is based on what I leared over the year so take it as not legal advice, just my opinion.
Author:  Jian [ Tue Jul 22, 2008 4:02 pm ]
Post subject:  Re: They stole me.
Ok, from now on my last name will be protected:

Nyaoi ®

Nyaoi™

Nyaoi©

:D
Author:  Steven Kaplan [ Fri Jul 25, 2008 9:08 am ]
Post subject:  Re: They stole me.
Do I need a special Keyboard to trademark my content ? How do a get that little c inside the O on this Dell laptop ?
Author:  Charmin_Gibson [ Fri Jul 25, 2008 11:54 am ]
Post subject:  Re: They stole me.
Jian, don't feel bad, they stole mine too. :cry:


Charmin
Author:  Odie [ Fri Jul 25, 2008 12:37 pm ]
Post subject:  Re: They stole me.
Wow Charmin! Your heritage goes all the way back to the 20's! That's pretty cool really! :)
Author:  Charmin_Gibson [ Fri Jul 25, 2008 1:50 pm ]
Post subject:  Re: They stole me.
But you'll notice....... In their history, they left out the very important year of 1968. What were they THINKIN'... !!!

:lol:
Author:  jdmeister [ Fri Jul 25, 2008 4:07 pm ]
Post subject:  Re: They stole me.
Steven Kaplan @ Fri Jul 25, 2008 9:08 am wrote:
Do I need a special Keyboard to trademark my content ? How do a get that little c inside the O on this Dell laptop ?


No ©lue
Author:  Odie [ Fri Jul 25, 2008 4:28 pm ]
Post subject:  Re: They stole me.
MandiLynn @ Fri Jul 25, 2008 1:50 pm wrote:
But you'll notice....... In their history, they left out the very important year of 1968. What were they THINKIN'... !!!

:lol:


I don't know, doesn't make sense to me! And I don't know why they haven't made you an advertising spokesperson either. :)
Author:  Terryoke [ Fri Aug 01, 2008 9:57 am ]
Post subject:  Re: They stole me.
Well no one would want to trademark my buddy's name - Munchmunch Wigwam Verticaltreenutz. :confused: He tried to change his name leagally to this but they didn't allow it :bigcry: - the name was too generic...go figure :looney:
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