So, The British Pedal Company sent me a cease and desist.
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- HorseyBoy
- Posts: 4135
- Joined: Mon Oct 15, 2012 10:48 pm
- Location: Harlan County
Re: So, The British Pedal Company sent me a cease and desist
The problem with most legal 'proceedings' is that they're all about money and intimidation. They're simply trying to bluff you right now but potentially they could pursue it, which would be annoying as all fuck to you, Brook.
Do these jokers really hold the registered trademark for 'Dallas Rangemaster'? If they do, it would probably include 'Rangemaster' on its own (it wouldn't necessarily have to have 'Dallas' in front of it to make it an infringement). In any case, your argument - if it gets to that; right now you're better off ignoring them, I reckon - is that the 'mark' has essentially lapsed because every man and his dog uses the term 'Rangemaster' as a generic term for a treble booster. It's understood as such by the market (in this case, gear heads like us) and nobody in that market would confuse your product with anything made by the British Pedal Company. It's a clone (and a damn fine one) and everybody knows it.
Do these jokers really hold the registered trademark for 'Dallas Rangemaster'? If they do, it would probably include 'Rangemaster' on its own (it wouldn't necessarily have to have 'Dallas' in front of it to make it an infringement). In any case, your argument - if it gets to that; right now you're better off ignoring them, I reckon - is that the 'mark' has essentially lapsed because every man and his dog uses the term 'Rangemaster' as a generic term for a treble booster. It's understood as such by the market (in this case, gear heads like us) and nobody in that market would confuse your product with anything made by the British Pedal Company. It's a clone (and a damn fine one) and everybody knows it.
- Yggdrazil
- Posts: 1801
- Joined: Mon May 03, 2010 10:22 am
- Location: Canada
Re: So, The British Pedal Company sent me a cease and desist
:) Fuck them & fuck them hard.
By the way, Jeremy Brett was the best actor ever embodying Sherlock Holmes.
When I read Conan Doyle, I always picture Jeremy Brett in my mind.
By the way, Jeremy Brett was the best actor ever embodying Sherlock Holmes.
When I read Conan Doyle, I always picture Jeremy Brett in my mind.
Instagram:@Stonefly_effects
The idea is to put a pick in one hand and a guitar in the other and with a tiny movement rule the world.>David Fair
The idea is to put a pick in one hand and a guitar in the other and with a tiny movement rule the world.>David Fair
- peps1
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- Joined: Wed Jun 16, 2010 12:52 am
- Location: Hastings UK
Re: So, The British Pedal Company sent me a cease and desist
Yep, "Dallas Rangmaster" and "DALLAS RANGMASTER"HorseyBoy wrote:Do these jokers really hold the registered trademark for 'Dallas Rangemaster'?
http://www.ipo.gov.uk/tmcase/Results/1/ ... arch=False
My counsel seems to think they would have had a really hard time getting "Rangemaster" for the same reasons you point out, hence them not even trying, by the looks of it.
Adding to that, I (along with may other people) have been selling products described as "Rangemaster" in kit and pedal pre 9/9/09 (when the trade mark files) negating there rights to enforce Rangemaster alone as an infringement.......akin to anyone being able to make a cola, without Coca-Cola kicking off.
but I guess we will see!
You're 100% correct, Jeremy Brett was by far the best!Yggdrazil wrote:By the way, Jeremy Brett was the best actor ever embodying Sherlock Holmes.
When I read Conan Doyle, I always picture Jeremy Brett in my mind.
- HorseyBoy
- Posts: 4135
- Joined: Mon Oct 15, 2012 10:48 pm
- Location: Harlan County
Re: So, The British Pedal Company sent me a cease and desist
^ One of the ways you try to prove a trademark hasn't lapsed and that you've actively tried to enforce your rights is by sending cease and desist letters like the one you were sent, so maybe they just sent it as a matter of course for their files and you won't hear from them again.
Yes, fuck them and fuck them hard, but it would be a fucking travesty if you actually had to spend real money and time defending something like this.
Yes, fuck them and fuck them hard, but it would be a fucking travesty if you actually had to spend real money and time defending something like this.
- Electric Warrior
- Posts: 3620
- Joined: Sun Nov 09, 2008 2:19 am
Re: So, The British Pedal Company sent me a cease and desist
Prior will probably save your ass in most cases :)peps1 wrote: Adding to that, I (along with may other people) have been selling products described as "Rangemaster" in kit and pedal pre 9/9/09 (when the trade mark files) negating there rights to enforce Rangemaster alone as an infringement.......akin to anyone being able to make a cola, without Coca-Cola kicking off.
but I guess we will see!
Everything is transitional.
- devnulljp
- Posts: 7159
- Joined: Sat Sep 13, 2008 10:02 am
- Location: Gulf Islands, BC, Canada
Re: So, The British Pedal Company sent me a cease and desist
Dear Bongo, No.
Good deals with all these guys
Good deals with all these guys
- Dr Tony Balls
- Posts: 2336
- Joined: Wed Aug 17, 2011 3:42 pm
- Location: Brooklyn
Re: So, The British Pedal Company sent me a cease and desist
HAHA was just gonna post this.
- Electric Warrior
- Posts: 3620
- Joined: Sun Nov 09, 2008 2:19 am
Re: So, The British Pedal Company sent me a cease and desist
Trademarks are always registered for very specific ranges of goods.
Everything is transitional.
- Coolhand78
- Posts: 1109
- Joined: Tue Jun 09, 2009 3:13 am
Re: So, The British Pedal Company sent me a cease and desist
Not that it was ever in doubt but what a bunch of lying, deceiving pratts!
"Yorkshire isn't a place. Yorkshire is a state of mind." ~ Howard Moon
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