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Big company's taken over the small guys

Discussion in 'The Garage' started by gokartergo, Nov 3, 2003.

  1. gokartergo

    gokartergo 3/4 ton status Staff Member Moderator

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    Big company\'s taken over the small guys

    As president of Nor Cal Big Dawgs.. I recieved this email today.. I am not sure what to do.. Anybody have any suggestions..??



    [ QUOTE ]
    Dan,

    The existence of Nor Cal Big Dawgs ("NCBD") has recently come to our
    attention. As far as we can tell from your website at
    www.norcalbigdawgs.net, NCBD appears to be an admirable organization,
    promoting 4x4 events. However, BIG DOGS is a registered trademark of
    our company and, as explained further below, the manner in which NCBD is
    using it is likely to cause confusion, and thus constitutes trademark
    infringement. We therefore require that you stop your use of "BIG
    DAWGS," as provided below.

    Big Dog Holdings, Inc. ("Big Dogs") is the owner of the BIG DOGS(r)
    trademark and a family of related marks, including BIGDOGS.COM(r). Big
    Dogs has registered the BIG DOGS mark in the U.S. in multiple
    international classes for a wide variety of products and services
    (including U.S. Registration Numbers. 1,459,306; 1,842,765; 2,206,261;
    2,295,456; 2,348,494; and 2,551,515). We also have applications pending
    for numerous other products and services for BIG DOGS and related marks.


    Big Dog has developed a great deal of strength in the BIG DOGS mark from
    using it on a wide variety of goods and services. We have sold BIG DOGS
    clothing and other products for over 20 years through (i) 200
    company-owned Big Dog Sportswear stores located throughout the country
    (including 14 stores in Northern California); (ii) our nationally
    distributed BIG DOGS mail order catalog; (iii) our internet website at
    BIGDOGS.com; (iv) wholesale to department stores and specialty shops
    throughout the country; and (v) a network of national and international
    licensees. We have further built the strength and recognition of the BIG
    DOGS mark by extensive marketing, advertising and promotional activity
    nationwide. As a result of all the foregoing, the BIG DOGS mark has
    become famous and consumers widely associate it with our company.

    Your use of "Big Dawgs" is likely to cause confusion with our trademark.
    The words "BIG DAWGS" are phonetically identical to our registered BIG
    DOGS trademark. At a minimum, consumers are likely to assume that your
    "Big Dawgs" organization, website and events are licensed or sponsored
    by, or otherwise affiliated with, our Big Dogs company (since we
    affiliate with similar events and organizations). This likelihood of
    confusion is then enhanced by a number of other factors, the most
    significant of which is that you are selling "Big Dawgs" graphic
    clothing. This is a blatant infringement of our registered trademark
    rights, which specifically covers clothing which is a key product we
    have sold for years.

    Your use of Big Dawgs also constitutes dilution, as it dilutes the
    significance of the BIG DOGS mark as an indicator of source to Big Dogs
    and blurs the distinctiveness of the BIG DOGS mark that we have worked
    so hard to establish.

    Big Dogs diligently enforces it trademark rights where necessary, though
    we always prefer to resolve matters cooperatively where we can. In the
    interest of such a cooperative resolution, we ask that within ten days
    of your receipt of this email you send us a written statement providing
    (i) that you agree to cease use of BIG DAWGS in the name of your
    organization (a reasonable transition period will be considered if you
    wish to propose one); (ii) that you have immediately ceased (and agree
    not to resume) the manufacture, sale and distribution of the shirts,
    mugs and any other merchandise bearing the words "BIG DAWGS" (the
    "Infringing Merchandise"); and (iii) a statement of the amount and
    location of your remaining inventory of Infringing Merchandise. When we
    receive such statements and information, we will let you know of any
    other requirements we may have to resolve this matter. We hope that with
    your prompt cooperation we can resolve this issue cooperatively (all
    rights are reserved).

    If you have any questions, you can contact me directly at

    [/ QUOTE ]
     
  2. sled_dog

    sled_dog 1 ton status

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    Re: Big company\'s taken over the small guys

    contact a lawyer but I'd say since you guys are really a not for profit group it shouldn't be an infringement. Though they are basing it on confusion which I really don't know how they can do that. A disclaimer on norcal's main page would be an obvious one, but like I said seek a lawyer this is BS.
     
  3. K5DRAGER

    K5DRAGER 1/2 ton status

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    Re: Big company\'s taken over the small guys

    Tell them to sue everyone else who has a "Big dog" in there back yard or living room and to tell the guy who has the trade mark Big Dick to sue everyone who has the name Richard senior. /forums/images/graemlins/rotfl.gif /forums/images/graemlins/rotfl.gif /forums/images/graemlins/rotfl.gif
     
  4. mudhog

    mudhog THEGAME Staff Member Super Moderator

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    Re: Big company\'s taken over the small guys

    that flat out fawking sucks /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif i for one will not be buying anything from them from now on /forums/images/graemlins/angryfire.gif /forums/images/graemlins/angryfire.gif
     
  5. gokartergo

    gokartergo 3/4 ton status Staff Member Moderator

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    Re: Big company\'s taken over the small guys

    I do have 2 of there shirts.. They are getting burned now... /forums/images/graemlins/angryfire.gif
     
  6. 4X4HIGH

    4X4HIGH 1 ton status Premium Member GMOTM Winner

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    Re: Big company\'s taken over the small guys

    So has the SCBD's gotten the same letter?
     
  7. k5guyva

    k5guyva 1/2 ton status

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    Re: Big company\'s taken over the small guys

    They're smoking crack. Tell them to hire better lawyers.
    Supreme Court case on trademark names

    I would also tell them that your lawyer would be interested in filing a Anti-SLAPP lawsuit if they persist.

    California Anti-Slapp statute

    Trademarks are for conducting trade. Your site doesn't appear to be selling anything.

    USPTO- Trademark definition

    Oh, and there is a little document called the US Constitution that says we have the right to peaceably assemble. Historically, the Supreme Court has held that this speech has more rights than mere commerce.

    1st Amendment to the Constitution.

    Get a lawyer if they persist.
     
  8. skratch

    skratch 1/2 ton status

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    Re: Big company\'s taken over the small guys

    Personally I think their trying to scare you guys. Heck yeah hire a layer, the Supreme Court has already made a ruling on this crap and you guys shouldn't have to bow to some big company saying that cause your name contains the same sounding words as theirs that you can't keep you club name. /forums/images/graemlins/angryfire.gif

    Maybe I should go to law school so I can stop this s@#t. Well its a nice thought anyway.

    While I'm thinking they would legally have to go after all these guys too:
    http://www.bigdogsoffroad.com/
    http://www.bigdogmotorcycles.com/
    http://www.big-dogs.org/
    http://www.happybigdogs.com/
    http://www.geocities.com/thebigdawgsfederation/
    http://wwwbigdawgs.4mg.com/about.html

    Big Dog Productions
    114 Weaver Lane
    Hampstead, MD 21074
    (410)442-2222 phone
    (410)239-4633 fax



    Big Dog Motorcycles, LLC
    1520 E. Douglas
    Wichita, KS 67214
    (316) 267-9121
    Fax (316) 267-2597
    dogpound@bigdogmotorcycles.com

    Might want to get ahold of these other guys to see what they did to keep the corprate sleeze balls off their backs.
     
  9. gokartergo

    gokartergo 3/4 ton status Staff Member Moderator

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    Re: Big company\'s taken over the small guys

    [ QUOTE ]
    So has the SCBD's gotten the same letter?

    [/ QUOTE ]

    Not that I now of.. And Big Dog Sportswear is located in Santa Barbara
     
  10. laketex

    laketex 3/4 ton status

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    Re: Big company\'s taken over the small guys

    sell the name to them...what do ya think, would 1/2 a mil do the trick?
     
  11. MEPR

    MEPR 1/2 ton status

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    Re: Big company\'s taken over the small guys

    well they might have something, though the president seen in the afor mentioned stories does apear to be in your favor. Still get a lawyer and be ready to weather a storm...
     
  12. BranndonC

    BranndonC 3/4 ton status

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    Re: Big company\'s taken over the small guys

    [ QUOTE ]
    [ QUOTE ]
    So has the SCBD's gotten the same letter?

    [/ QUOTE ]

    Not that I now of.. And Big Dog Sportswear is located in Santa Barbara

    [/ QUOTE ]

    Here i was, just trying to have a little conversation between me and Dan... Then the whole world had to get involved..... /forums/images/graemlins/wink.gif If you dont want to change your name Dan.. then us Santa Barbarianians are just gonna have to take you to court. /forums/images/graemlins/angryfire.gif /forums/images/graemlins/ignore.gif
     
  13. Resurrection_Joe

    Resurrection_Joe 1 ton status

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    Re: Big company\'s taken over the small guys

    I can't imagine it too serious of an issue, you dont see Pioneer seed and Pioneer electronice suing the hell out of each other do you?
     
  14. gokartergo

    gokartergo 3/4 ton status Staff Member Moderator

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    Re: Big company\'s taken over the small guys

    Just saw they shut down your cafepress store also.. So it looks like they are after you also.. /forums/images/graemlins/1zhelp.gif
     
  15. Waxer

    Waxer 1/2 ton status Author

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    Re: Big company\'s taken over the small guys

    [ QUOTE ]
    [ QUOTE ]
    So has the SCBD's gotten the same letter?

    [/ QUOTE ]

    Not that I now of.. And Big Dog Sportswear is located in Santa Barbara

    [/ QUOTE ]

    We have and they have taken our products off of the sales page just like they did the Nor Cal guys. Mike Sullivan (Blazen91) has a friend who is a Patent Lawyer, he is currently talking to him about the situation.
     
  16. gokartergo

    gokartergo 3/4 ton status Staff Member Moderator

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    Re: Big company\'s taken over the small guys

    Please keep me informed.. We are talkin o a lawyer also..
     
  17. ducttape114

    ducttape114 1/2 ton status

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    Re: Big company\'s taken over the small guys

    me and branndon will go bash some silly sports wear company owners if that would help. tell them theres a few thousand CK5 customers that wont be shopping there anymore if they dont straighten up.
     
  18. clubba68

    clubba68 1/2 ton status

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    Re: Big company\'s taken over the small guys

    They asked to know your quantity of remaining merchandise bearing the name. Tell them you have at least 800,000 mugs and 1.5 million t-shirts and you would be more than happy to sell them all to them and cease the use of the name. You could get a helluva good deal on mugs and t-shirts if you were putting in orders that big [dawg]! /forums/images/graemlins/thumb.gif
    -Andrew /forums/images/graemlins/usaflag.gif
     
  19. jekbrown

    jekbrown I am CK5 Premium Member GMOTM Winner Author

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    Re: Big company\'s taken over the small guys

    what horse crap, i think you should get some lawyers... doubt they wanna spend a gazillion dollars in court to get rid of a offroad clubs name. Besides, slightly differently spelled names are used ALL the time in the business world.

    j
     
  20. unick

    unick 1/2 ton status

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    Re: Big company\'s taken over the small guys

    yea i dont think you have anything to really worry about. For one its spelled different and its a non-profit organization. But get a lawyer just incase.

    Nick
     

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