Oh Boy Registered Trademark What Do You Think About This?

OP, first rule of thumb; never seek legal advice from an unlicensed practitioner. Their advice may sound great and reasonable but could cause you to give up rights, ownership and/or lose money that you otherwise would not have lost or given up.

As Charlotte, Suzanne and P.Sharma stated, you need to seek qualified legal advice and here's a prime example why.

If you searched the TESS, Trademark Electronic Search System, you will find no less that 50 Oh Boy trademarks in a myriad of variations such as the drawing below.



Does that drawing mean this company has a exclusive legal rights to the phrase, "Oh Boy"? A thousand times NO! It means they have a trademark on "Oh Boy" WHEN it is accompanied by a fat chef with bow tie wearing a chef hat and a smile along with the word, "Brand" attached to the phrase Oh Boy. To be clear, they DO NOT own ANY exclusive right to the phrase, "Oh Boy".

In addition, when you stop to think about it, there are a number of songs and movies entitled, "Oh Boy". Are the songs by Buddy Holly, Camron and Mariah Carey and host of other artists violating the trademark laws this company is claiming to have?

Moreover, there are numerous restaurants throughout the USA and abroad that use the phrase Oh Boy.

• Midway Oh Boy Restaurant
• Oh Boy London - Thai Restaurant Review and Information
• Oh Boy Pizza Inc - Worth, IL
• Oh Boy! Oberto Southern Style BBQ Pork Jerky - New Product Marketplace - Candy Industry
• Oh Boy 24 Hour Diner - Groton, CT

So you see, if you followed the advice of the mainstream and gave up your domain or stopped using it, you would most likely have given up a domain you had every legal right to use.

And by the way, the letter you received, I've received a couple myself from Attorneys representing individuals who demanded that I immediately turn over domain names that I own to them. I called their bluff with one of my Attorneys and hadn't heard from them since.

Sometimes people and companies with attempt to bluff and/or coerce domain name owners to give up their valuable domains under false legal pretense. If a person doesn't know their rights, they will be taken advantage of.

Giles, the Crew Chief

Sometimes threatening to sue someone is a prelude to taking the domain name from them and leaving them feeling it's ok because it could have been so much worse. And sometimes it's a prelude to suing them.

You can't get legal advice (which you need) here, though. The couple of lawyer Warriors here understandably don't give individual legal advice in the forum at all, so you can get replies only from people like me and those above (and doubtless below) who are not qualified to give advice.

Personally, I'd be going to a lawyer immediately, if not sooner.

Good luck!

Well, you may find it stupid to sue, but the fact is we are a litigious society. Do you REALLY want to get into a legal fight over a trademark? I wouldn't touch it with a 40ft pole. RUN, don't walk to your lawyer and get your legal ducks in a row.

They don't (or shouldn't) care that you're just promoting something in another country. It doesn't matter.

In order to keep their trademark rights, they have to protect them. Failure to protect trademarks can result in losing the trademark. Not necessarily to you, but to someone more threatening coming along later.

Here's the possible scenario...

They decide that they won't mess with you because you're just a guy in another country promoting an affiliate offer. You go merrily on your way, and they go on theirs.

Time passes. Now a serious competitor pops up and starts using their trademark. They sue.

The competitor says, Judge, there is no trademark to protect - they started allowing general use of the trademark term back when this guy used it for affiliate marketing.

Judge says, you're right, they did - case dismissed.

While consulting competent legal counsel in your own country is the best thing to do, the easiest way to make things go away is to simply take down the site and stop using the trademark.

If both you and the company in question are in the same country, then it will
not necessarily matter where your domain is registered and website is hosted
at. They can likely show you're within their area, and thus within reach.

Also, various companies indicate in their legal agreements that affiliates can't
use their trademarks in their domain registrations. While one can argue they're
bringing sales to them, it can also be argued you're potentially "diluting" their
mark or "siphoning" off people intending to search for the source anyway.

There's an administrative process called the Uniform Dispute Resolution Policy
or UDRP that a trademark holder can use if the domain holder is in a different
country. It applies to .com domains so it won't really matter where you both
are located.

Oh, and be careful about others telling you to maybe fight them. It's tempting
to do so, but remember that it's your behind on the line and not theirs.

Good luck.

hi,

Its wise to take a advice from a legal person. However, If your domain is registered before than company was registered there is no way they can take your domain down.

I have closely seen a trial like that in my place.

Just shared..

I read that - and I have no idea what you are saying. You said previously the trademark wasn't in your country but above you say it is in your country.

Take your chances, consult an attorney or change domains. A redirect may not be sufficient - and no one here can advise you on legal matters at all...let alone in 2-3 countries.

kay

OP, I think you missed it!

Just because someone sends you a letter claiming you are using a trademark of theirs means little. YOU need to confirm or deny the veracity of their claims BUT DO NOT TAKE THEIR WORDS FOR IT!

In many countries the initial consultation with an attorney is no charge. I have no idea about your country, but if that holds true, I'd go on at least three of these consultations just to get a feel of what you are dealing with.

If the domain name is not worth it, throw up the white flag and acquiesce to their letter. But my question is, "Are you going to throw up the white flag every time someone sends you that type of a letter?"

You need to understand... if this is an actual trademark infringement, they WILL NOT be buying that domain from you, the trademark laws will force you to hand it over.

But again, if THEY sent you a letter which did not come from an attorney, they are most likely attempting to use Fear Factor to compel you to comply with their wishes... which they may not have a legal leg to stand on.

Again, you didn't get it. You're still asking for legal advice from forum members who are not versed, licensed, educated or trained in trademark law.

I'll say it again, just because someone sends you a letter claiming you are infringing upon their trademark, doesn't make it so. To essentially throw up the white flag without checking things out first makes no sense.

Giles, the Crew Chief