Tempted to infringe a trademark?

by terrapurus 8 replies
If you are a redditor you have probably already seen this. For everyone else, here is someone's (not me) hard learned lesson -

http://www.mercurynews.com/breaking-...nclick_check=1
#main internet marketing discussion forum #infringe #tempted #trademark
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  • Profile picture of the author Kay King
    I'd like to read it - but the link isn't working for me.
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    • Profile picture of the author terrapurus
      Originally Posted by Kay King View Post

      I'd like to read it - but the link isn't working for me.
      Interesting ...

      Anyway, a few sites are carrying it and it is showing up in google news right now -

      Santa Cruz Internet stethoscope salesman battles 3M

      Here is an alternative link to another newspaper -

      Santa Cruz Internet stethoscope salesman battles 3M - Santa Cruz Sentinel
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      • Profile picture of the author Kay King
        Since last year, Mohan has fielded hundreds of documents from a team of 3M lawyers. Last week, he flew to Minneapolis to argue his defense in a weeklong bench trial. 3M called about a dozen plaintiff witnesses; Mohan called a single defense witness, a Minnesota nurse who testified that she wasn't confused by his marketing.
        This guy has a lot of excuses "I'm very smart, I'm broke, I'm an entrepreneur" and says "I didn't do it" after saying "I've stopped doing it".
        In this case he didn't use the name but used their images and was selling a product similar to a product sold by 3M.

        We've seen advice offered here about trademark infringement. My advice is always to avoid using trademarked names or images. Others say the worst that can happen is you have to take your site down. Clearly, that isn't the worst that can happen.

        kay
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        • Profile picture of the author PhillTurner
          I don't understand what was the point ?

          From both sides 3m what do they get?

          What does he get?

          LOSE=LOSE situation really stupid.

          Is it me or is it just a waste of every bodies time and effort?
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          • Profile picture of the author Alan Petersen
            Originally Posted by PhillTurner View Post

            I don't understand what was the point ?

            From both sides 3m what do they get?

            What does he get?

            LOSE=LOSE situation really stupid.

            Is it me or is it just a waste of every bodies time and effort?
            Well he sounds a bit nutty... obsessed is probably a better term but like clinically "I need help" obsessed.

            What does 3M win? Protecting their brand. They don't want people buying cheap Chinese knock-off stethoscopes believing their 3M brand.

            Years ago when I was younger and dumber, I sold fake sunglasses. I didn't lie, I made it clear they were "replicas" so people knew they weren't buying Oakley's but the fakes used their brand and imagery to make them look like Oakley's.

            It didn't take long to get a letter from an attorney. I was incensed. What, my customers know they're fakes, why does Oakley care! Well, now I realize how stupid I was.

            I contacted an attorney friend about fighting the "bully company" who told me in such eloquent terms... "are you a moron? take down that site now and don't do that again". Which I did. And the lawyers and company left me alone. They didn't want to sue little old me they just wanted me to stop. So it was easy to avoid the hassle this guys is going through by letting it get to the point where they're suing him.

            The guy in this story instead has decided to fight wasting his time and money.

            So yea stay away messing with other people's trademarks which they worked hard to build and turn into successful brands.
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            • Profile picture of the author JohnMcCabe
              What does 3M have to gain?

              If they 'stopped picking on' this lovable loser and let him continue, they could find someone much more competent and well-funded using him as a precedent for their own use of trademarked IP.

              Like Allen's case above, it wasn't about him. It was about whoever might follow him.
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  • Profile picture of the author Tom Goodwin
    The company claims Mohan ignored initial legal warnings that his marketing was confusing to consumers.
    So, it seems pretty clear 3m didn't just sue this guy out of the blue, but instead warned him to stop infringing or they would bring a lawsuit. Pretty standard. Unless the company is absolutely crazy, like Disney, they just don't sue out of the blue.

    Tom



    Originally Posted by terrapurus View Post

    If you are a redditor you have probably already seen this. For everyone else, here is someone's (not me) hard learned lesson -

    Santa Cruz Internet stethoscope salesman battles 3M - San Jose Mercury News
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  • Profile picture of the author ZaraK
    Without more detail we don't know if there was actual infringement or if 3M is just trying to throttle competition.
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