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Old 02-16-2017, 12:12 PM   #61
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Unlike claims made by some past members, I've never been sued or sued anyone - ever.

So if Pete was to do nothing, and eventually this other guy decided to take action, wouldn't the burden of proof be on him to show that MA Pete damaged his business or caused confusion in the mind of his potential customers? And what about court costs? Would the plaintiff automatically be responsible or would the loser have to pay? Maybe the rules for the latter could vary depending on the state the suit is filed in.
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Old 02-16-2017, 01:09 PM   #62
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Unlike claims made by some past members, I've never been sued or sued anyone - ever.

So if Pete was to do nothing, and eventually this other guy decided to take action, wouldn't the burden of proof be on him to show that MA Pete damaged his business or caused confusion in the mind of his potential customers? And what about court costs? Would the plaintiff automatically be responsible or would the loser have to pay? Maybe the rules for the latter could vary depending on the state the suit is filed in.
I've never been sued either. I have had some law courses. I was going to be a police officer. I took civil law as well as criminal.

Pete from Illinois case was filed in federal court (in federal cases, state doesn't matter). Pete from Illinois case was settled out of court, which means the lawyers settled through phone conferences and/or US mail.

Why are you assuming that Pete Martin (if sued), would not settle out of court, and would have to go to trial and battle it out? Even the Plaintiff doesn't want to go to trial (it would cost him more in legal fees). It's up to the defendant to offer a settlement. The only thing the plaintiff wants is for the defendant to stop using his mark. It's pretty simple.

If the defendant is not willing to give the plaintiff what they want, then the case goes to trial. I am willing to bet, that Pete from MA, if sued, would cave in, and stop using the name. Therefore, the case world be settled. No trial, no court fees.

Maybe you guys should get attorneys, because you seem to need to be educated. I am not going to give further explanations.
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Old 02-16-2017, 01:11 PM   #63
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I have contacted Suffolk University, which has a dept that offers free legal counsel for trademark cases. I am still waiting to hear from them.

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Old 02-16-2017, 01:12 PM   #64
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Quick - run with it Paul - before Pete does!
I have never, nor will I ever consider, using a purple panda.

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Old 02-16-2017, 01:13 PM   #65
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I have never, nor will I ever consider, using a purple panda.

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You never want to say never - maybe you should put a lock on it just in case. Pete the Purple Panda Painter at least has a strong alliteration thing going for it - pretty catchy.
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Old 02-16-2017, 01:36 PM   #66
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That is a bummer this happened. Best of luck to yoh
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Old 02-16-2017, 05:34 PM   #67
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I have contacted Suffolk University, which has a dept that offers free legal counsel for trademark cases. I am still waiting to hear from them.

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Pete the Painter Illinois, owns the name "Pete the Painter" throughout the 50 states and has full rights to protect his trademark. He has the right to sue you to STOP you from using his mark, regardless of damages or not. The choice is his. No lawyer can predict what Pete from Illinois will do.

Please, when you get your advice, please share.
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Old 02-16-2017, 07:01 PM   #68
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OMG the Panda logo! That has to be my all time favorite PT thread.

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Old 02-16-2017, 08:59 PM   #69
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I've never been sued either. I have had some law courses. I was going to be a police officer. I took civil law as well as criminal.

Pete from Illinois case was filed in federal court (in federal cases, state doesn't matter). Pete from Illinois case was settled out of court, which means the lawyers settled through phone conferences and/or US mail.

Why are you assuming that Pete Martin (if sued), would not settle out of court, and would have to go to trial and battle it out? Even the Plaintiff doesn't want to go to trial (it would cost him more in legal fees). It's up to the defendant to offer a settlement. The only thing the plaintiff wants is for the defendant to stop using his mark. It's pretty simple.

If the defendant is not willing to give the plaintiff what they want, then the case goes to trial. I am willing to bet, that Pete from MA, if sued, would cave in, and stop using the name. Therefore, the case world be settled. No trial, no court fees.

Maybe you guys should get attorneys, because you seem to need to be educated. I am not going to give further explanations.
Calm down bud. No one here is even remotely offering Pete legal advice. Similar stuff revolving around legal matters has come up before and it makes for some interesting discussions, speculation, and "what ifs", nothing more - and no one is assuming anything.

Members are never encouraged to act on anything they read here concening legal issues and most know better than to take any legal advice from a bunch of painters - even if they did take some law courses.
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Old 02-17-2017, 09:54 AM   #70
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Originally Posted by HC-Raad View Post
Pete the Painter Illinois, owns the name "Pete the Painter" throughout the 50 states and has full rights to protect his trademark. He has the right to sue you to STOP you from using his mark, regardless of damages or not. The choice is his. No lawyer can predict what Pete from Illinois will do.

Please, when you get your advice, please share.
I have actually talked to a lawyer when he first contacted me, and I was told that since he is in Illinois and I am in Massachusetts that he cannot tell me that I cannot use it. But, he also told me that the internet, since customers in Illinois can find me, might complicate things.

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Old 02-17-2017, 10:02 AM   #71
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Maybe its just me.

But I'm sure as hell You won't have any problems with "Station Wagon Painter"
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Old 02-17-2017, 10:22 AM   #72
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Calm down bud. No one here is even remotely offering Pete legal advice. Similar stuff revolving around legal matters has come up before and it makes for some interesting discussions, speculation, and "what ifs", nothing more - and no one is assuming anything.

Members are never encouraged to act on anything they read here concening legal issues and most know better than to take any legal advice from a bunch of painters - even if they did take some law courses.
RH, I am calm.

I paint for a living, however, I have studied copyright, trademark and servicemark law. I own several books written by attorneys that cover these matters. And I have read them.

There really is no advice that can be given by an attorney, that adds up to anything of value. Pete is not being sued at the moment. We are talking hypothetical.

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Old 02-17-2017, 10:32 AM   #73
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I have actually talked to a lawyer when he first contacted me, and I was told that since he is in Illinois and I am in Massachusetts that he cannot tell me that I cannot use it. But, he also told me that the internet, since customers in Illinois can find me, might complicate things.

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And that is pretty much what I said a few threads back. You can use it locally, but on the internet, it can be a problem. He can try to stop you from using it on the internet. However, he may just leave you alone. And that is pretty much what any lawyer will tell you (there is no magic legal advice you will get). No one has a crystal ball and can foresee what Pete from Illinois will do. I would ask Pete himself what his intentions are. He may tell you to go through his lawyer.
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Old 02-17-2017, 10:58 AM   #74
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I would put is on the bottom of every page on your web site. Or something like it.

Disclaimer: Pete the Painter of Gloucester MA, is not affiliated with any other company throughout the USA, that may go by the same business and/or trade name.
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Old 02-17-2017, 12:05 PM   #75
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And that is pretty much what I said a few threads back. You can use it locally, but on the internet, it can be a problem. He can try to stop you from using it on the internet. However, he may just leave you alone. And that is pretty much what any lawyer will tell you (there is no magic legal advice you will get). No one has a crystal ball and can foresee what Pete from Illinois will do. I would ask Pete himself what his intentions are. He may tell you to go through his lawyer.
I imagine there are still a few out there that have no internet presence but even most of us old timers have some sort - even if it's just a Facebook page. Add a website to that and suddenly you have a presence that can literally be worldwide. Sounds like this would be an entirely "new" realm of law - internet trademark infringement, or something like that.

We were over at the coast yesterday and saw a business called "Pets Bath and Beyond". Clever - but even I had to wonder if they might eventually end up in the crosshairs of the real BB& B since it's obviously playing off their name. Guess, as you said, it all depends on how zealous a potential claiment might be about it.
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Old 02-17-2017, 12:57 PM   #76
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This is turning into a real Flaw and Disorder.
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Old 02-17-2017, 01:04 PM   #77
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I imagine there are still a few out there that have no internet presence but even most of us old timers have some sort - even if it's just a Facebook page. Add a website to that and suddenly you have a presence that can literally be worldwide. Sounds like this would be an entirely "new" realm of law - internet trademark infringement, or something like that.

We were over at the coast yesterday and saw a business called "Pets Bath and Beyond". Clever - but even I had to wonder if they might eventually end up in the crosshairs of the real BB& B since it's obviously playing off their name. Guess, as you said, it all depends on how zealous a potential claiment might be about it.
Yes, it depends on how serious a trademark holder takes it. It's really kinda odd to trademark a local business anyway. The guy is definitely over the top.
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Old 02-17-2017, 01:06 PM   #78
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OMG the Panda logo! That has to be my all time favorite PT thread.

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Old 02-17-2017, 08:06 PM   #79
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Say no more.
That's too funny just saved it to my hard drive for safe keeping. I'm gonna act all serious and tell my wife I just came up with the best logo ever. I wonder if she'll let me down easy or just call me an idiot and walk away...
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Old 02-17-2017, 08:37 PM   #80
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She laughed, called me a moron and then said it'll make by business look like a disgrace. Pretty sure she thinks I was serious...



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