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Good Ole' Cease and Desist letter


whiffandsniff
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I was just reading a blog of a woman who makes bath and body products. I about died when I read this:

"Today I received a 6 page cease and desist order from Jimmy Buffet's lawyers. Seems they are a wee bit ticked off that my itty bitty little company had a scent named "Margarita-ville", and Jimmy owns the copywrite on that name. I was demanded to change the name or face a big penalty. Seriously 6 pages of scare tactics. Good grief...I changed the name....no big deal. They could've asked nicely. :-) It's now called Margarita Dreams. Now I'm developing a scent called "Parrot Head"....just kidding!"

Those damn lawyers don't mess around do they? It's so funny how they come after the little guys for something so stupid.

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If you wanted to keep the name, you might do a bit of research. Often times, the copyright on a name only applies to a specific industry. In this case, for example, you could not name another SONG "Margaritaville" however, you might still be able to name your bath and body products that. You might look into what that particular copyright says.

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The lawyers come after the little guys because if a CR holder doesn't protect his rights against any user of the CR, he can lose his rights. If I went through the trouble of copyrighting or trademarking anything, I would most certainly protect it as well. Otherwise, what's the point?

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Apparently he has drink products using that name. I personally cannot stand celebrities who pay that extra amount of money to their lawyers to step on the little guys who just want to borrow a simple thing like a name. I would be a pain in the butt and name all my tropical products as close to his songs as possible then. That jerk should be flattered a candle was made after his song. Maybe even buy one to look like a good guy. If it wasn't for Alcohol and Fraternities his career would have been over a long time ago.

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But if he doesn't enforce the use of that name against "the little guy'', he will not be allowed to enforce his rights against a big guy, which then makes it so that he loses that copyright altogether. Misappropriation is still misappropriation, regardless of how large or small your company is. You aren't "borrowing", you are capitalizing off of someone's else's property. He copyrighted that name and he has exclusive rights to it. Why shouldn't he enforce those rights?

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Yes but the question here is whether or not it IS misappropriation. Only a copyright lawyer, who has access to this particular copyright, and it's "fine print" would be able to say. A copyright is not "all-inclusive." In other words, because Yankee candle has a copyright on "Cotton Candy" for example (don't know whether or not they do), doesn't mean that I can't go out an name a new car model "Cotton Candy."

Hence, because he has a copyright on the name, as it applies to music, or drinks, or whatever else he has, doesn't necesarily mean that we can't use that name in candles. Again, only an attorney with access to that particular copyright would be able to tell you for sure, and even then, it would be open to conjecture.

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Check the PTO. The name Margaritaville is TM for use with respect to candles. It's not open to conjecture. TM are applied as to some particular thing and he has one that applies to candles. He has a registered TM and use of this TM is misappropriation. He has the absolute right to defend unauthorized use of his designated TM. Period.

By the way, if you were thinking of making processed meat, namely chicken, he also has a Margaritaville TM for that too, lol. :laugh2:

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My ex was a computer programmer/web designer, he wanted to call his company EASY internet. It didn't take long for EASY jets lawyers to get onto him with threatening emails etc...it appears Stavros owns the word EASY so no-one can use it to name things.

Sally.

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Check the PTO. The name Margaritaville is TM for use with respect to candles. It's not open to conjecture. TM are applied as to some particular thing and he has one that applies to candles. He has a registered TM and use of this TM is misappropriation. He has the absolute right to defend unauthorized use of his designated TM. Period.

By the way, if you were thinking of making processed meat, namely chicken, he also has a Margaritaville TM for that too, lol. :laugh2:

Oh, ok, I didn't know that, and that's why I said that the copyright would have to be checked.

There you go. If that's the case, and with all due respect to those who disagree, he has every right to defend his copyright and have his attorney draft a C and D letter.

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