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  1. #1
    wavehummer's Avatar
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    Any Lawyers on this site?

    Any Trademark or Petent Lawyers on this site? Yamaha keeps threatening to sue me for my wavehummer name.


  2. #2
    Site Admin Green Hulk's Avatar
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    Really? Damn! There is a lawyer on this board. It will be interesting to see what he says about it.

  3. #3
    wavehummer's Avatar
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    Yes it is nuts!! I tried to trademark the wavehummer name. Yamaha got word of it and sent me several letters saying I am infringing on their "wave" names... I thought I would get that from Hummer , not yamaha
    Anyway, the gov't turned down my request because of the "hummer" brand.... but yamaha wants me to stop using and marketing the wavehummer name....ain't gonna happen! I may not own the trademark but I think I own the idea and maybe the copyright to the name..
    I still think it's a good idea if hummer and a ski manufacturer did some type of joint venture and came out with hummer ski's... They could do them up with the colors to match hummer trucks....any thoughts?

  4. #4

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    You had better have deep pockect to play games with any of those boys. I know four people in my subdivsion that went up against the developer who wanted to expand by 50 more homes. He took them to court on some minor issues and they got off but they spent $60,000 on lawyer fees between the four of them for nothing.

  5. #5
    I'm not a lawyer but I did stay at a holiday inn

    Is the proposed mark in a such a form that it could be mistaken as being part of a larger family of marks? Sometimes
    a trademark owner may use the same prefix, suffix or syllable so much so that it becomes prominent in the minds of
    consumers who associate all marks with the same prefix, suffix or syllable with that particular trademark owner. A good
    example of this is the McDonald's® family of marks which incorporate the prefix's MC or MAC on its products, such
    as, EGG MCMUFFIN, CHICKEN MCNUGGETS, MCLEAN DELUXE, etc. Therefore, if someone were to
    propose the mark MCPASTRY for a line of baked goods, chances are they would be prevented from using such a
    mark.


    Is the proposed mark phonetically similar to another, i.e., does it sound the same to the ear, even though it is different
    in visual appearance? The following are real examples of marks that were held to be confusingly similar to pre-existing
    registered marks based on phonetic similarities (citations have been omitted):

    CUP-O'-COLA was held to be confusingly similar to COCA COLA
    BONAMINE was held to be confusingly similar to DRAMAMINE
    SARNOFF was held to be confusingly similar to SMIRNOFF
    COCA TAN was held to be confusingly similar to COPPER TAN
    WAVE HUMMER WAVE RUNNER

  6. #6
    Moderator Franko's Avatar
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    I am a lawyer, but not an intellectual property lawyer. So I can't comment on all the nuances of IP law. But in general, the noncommercial use of a trade name is not actionable. This means as long as you aren't trying to reap a profit by the use of the trade name, there is no violation. So I would think that the use of that name for things like a forum screen name or the such would not be actionable.

    I don't know what your purposes are, but you are picking fights with some pretty big players. If you plan on marketing the name for a commercial purpose, you better have plenty of money and some good lawyers.

  7. #7
    R.I.P. 11's Avatar
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    That's the way I'd see it, as long as you just do it for your own personal entertainment and don't make any profit out of it...

  8. #8
    HOSS's Avatar
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    If it was me I`d tell them to eat it. Yamaha does not own the term wave when used as a prefix in anything. They don`t have a leg to stand on.

  9. #9
    R.I.P. 11's Avatar
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    HOSS you'd be surprised what lawyers can pull...

    Ask Franko, you have no idea what he has to do to prove a chicken's DNA

  10. #10
    HOSS's Avatar
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    I know what lawyers can pull,,seen it first hand. On the good side and the losing side. But with hummer in it. Not a chance.

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