whiffandsniff Posted October 1, 2007 Share Posted October 1, 2007 Just got this:I represent Mara Fox, owner of the trademarks Love Potion and Love Potion #9®. Ms. Fox has been using the trademark "Love Potion" continuously since February, 1991. Please see Registration Nos. 1,902,312 and 2,703,689Your continued sale of perfumed candles constitutes an infringement of Ms. Fox' longstanding rights under her trademarks and will cause confusion in the marketplace as to the source of the goods. Therefore, we hereby demand that you immediately cease and desist from any sale or distribution of products using the mark, and that provide an accounting of any and all sales made in the U.S. to date.In the event that you do not do so, we shall be forced to immediately file, in the United States District Court in Los Angeles, California, for a temporary restraining order against your further use of the mark, and for preliminary and permanent injunctions, with damages.Sincerely,Don E. EricksonLaw Office7668 El Camino Real, Ste. 104 #627La Costa, CA 92009760-918-0520760-918-0525 faxI had my webmaster look it up and you cant use the name Love Potion #9 in bath and body products but I don't sell bath and body. I asked for them to go ahead and send me a C/D letter and once I see it all in writing then I'll change stuff. Anyone can send these types of emails to businesses to scare them. I'm not removing it. Quote Link to comment Share on other sites More sharing options...
CareBear Posted October 2, 2007 Share Posted October 2, 2007 here's another thread that might interest you: http://candletech.com/forums/showthread.php?t=48514&highlight=love+potionETA: I did a quick online trademark search and didn't find a live one for candles... http://tess2.uspto.gov/bin/showfield?f=toc&state=6hvdap.2.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=love+potion+9&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query Quote Link to comment Share on other sites More sharing options...
funkymonkey66 Posted October 2, 2007 Share Posted October 2, 2007 Having them mail you a letter should not make the difference. But if you want to make them waste a stamp them that is up to you. If it is a trade mark issue then I would just change the name and be done with it. You can easily get away with keeping the name and just add "type" to the end of it. Or instead of 9 have nine. Quote Link to comment Share on other sites More sharing options...
Vicky_CO Posted October 2, 2007 Share Posted October 2, 2007 I do not know how accurate this is but this give a lot of info on C&Dshttp://chillingeffects.org/trademark/faq.cgi#QID237 Quote Link to comment Share on other sites More sharing options...
RobinInOR Posted October 2, 2007 Share Posted October 2, 2007 You are right - an email isn't a legal notification - they have to send a letter. Quote Link to comment Share on other sites More sharing options...
funkymonkey66 Posted October 2, 2007 Share Posted October 2, 2007 No, your right an email is not legal notice, but if the name is truely trademarked then it should come off C/D letter or no C/D letter. They even have a copy of the trademark certificate posted on the web site as well as a simpler version of the letter they sent to you. Knowing that it is trademarked then I think the respectfull thing to do would just be change the name instead of dealing with any drama from it. Quote Link to comment Share on other sites More sharing options...
kforbs126 Posted October 2, 2007 Share Posted October 2, 2007 No "good" attorney will contact you by email. There are ways to find out your address to send you a letter. Plus what attorney will sign a letterDon E. EricksonLaw Office7668 El Camino Real, Ste. 104 #627La Costa, CA 92009760-918-0520760-918-0525 faxJust my opinion, my mom's an attorney... Quote Link to comment Share on other sites More sharing options...
mizbizzyb Posted October 2, 2007 Share Posted October 2, 2007 No "good" attorney will contact you by email. There are ways to find out your address to send you a letter. Plus what attorney will sign a letterDon E. EricksonLaw Office7668 El Camino Real, Ste. 104 #627La Costa, CA 92009760-918-0520760-918-0525 faxJust my opinion, my mom's an attorney...That is a real attorney - check it out. Quote Link to comment Share on other sites More sharing options...
DonC Posted October 2, 2007 Share Posted October 2, 2007 This has nothing to do with candles, but it does concern trademarks. When I was in High School in 1967, there were pizza and sandwich shops all over the east coast selling a sandwich called the "Steak Bomb". The little pub down the street from my school sold them. Nearly 20 years later, a guy opened a sandwich shop called USA Subs and last year he decided to "trademark" the name "Steak Bomb" as his own. The government issued it to him!!!!!!! Now he is telling everyone else they can't sell steak bombs anymore because he owns the trademark. His attorney has sent them all C/Ds. The shops in his area have ALL told him to go pound sand and high powered law firms are just frothing at the mouth to fight this guy in court if he tries to go forward with any action. No court in the country is going to uphold this "trademark" and they know it.As for Love Potion, and Love Potion #9, they have been around in countless forms since at least the early 60s, including a #1 hit on the music charts back in the 60s. Any good patent attorney will tell you that you can trademark a ham sandwich if you want to. A court of law will determine if it can be enforced.You can do what you feel comfortable with, but if it were me, she would be "pounding sand.":cool2: :tiptoe: Quote Link to comment Share on other sites More sharing options...
Debra Phelps Posted October 2, 2007 Share Posted October 2, 2007 What I don't understand is that Love Potion #9 has been around for years. There is a song named that. And a movie. What gives her the right to steal the name from them. Just because someone puts a trademark on the word MILK, doesn't mean we can't call milk, MILK. It just doesn't make sense to me. How about Luv Potion #Nine Can't do anything about that, can they? Quote Link to comment Share on other sites More sharing options...
bren31 Posted October 2, 2007 Share Posted October 2, 2007 there are 16 trademarks from stinkbate to a game with the love potion number 9. So each seems to be by a different person. So unless your selling the same product they are out of luck. Quote Link to comment Share on other sites More sharing options...
bren31 Posted October 2, 2007 Share Posted October 2, 2007 there are 16 trademarks from stinkbate to a game with the love potion number 9. So each seems to be by a different person. i dont get how they can pursue a trademark when they dont own it for candles which isnt bath and body unless they filed a trademark for candles? Quote Link to comment Share on other sites More sharing options...
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