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Gullanian 
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Joined: 04 January 2002
Location: England
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 Topic: Slogan Copyright
Posted: 15 May 2006 at 9:09pm |
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On Drum-World.com I published the slogan:
"By Drummers For Drummers"
In December, 2003. The slogan was submitted by a user who agreed that the slogan was his innovation, was unique, and that he would hand over the rights to this slogan to my site, in exchange for a prize (a pair of drumsticks).
Soon I will hopefully be launching my own Drum-World.com branded sticks, which I want "By Drummers for Drummers" printed on them.
There is a large drum company, who as far as I can tell from Archive.org started using the same slogan in July 2004.
I have proof that I created and published this logo in 2003, and have witnesses as well. I'm not just doing it to be an ass, but this drum company sells hardware (including drumsticks), and I do not wish for my logo to be associated with them, I want my own unique branding.
Is there much I can do? I've emailed them, but I get the feeling it's going to be ignored.
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Bluefrog
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Joined: 23 October 2002
Location: Korea, South
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Points: 1701
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Posted: 15 May 2006 at 10:15pm |
If anything came to a legal battle, you'd lose. You'd get buried in legal BS so high that you'd  . Copyright/patent battles are slugfests where lawyers largely sling mud as much as possible.
Try calling them though. Record your conversations too. Then just go
ahead and do it. Worry about lawsuits later. Likely it will never come
to that. But don't go ahead with a suit unless you're prepared for a
lot of nastiness.
Just my cynical $0.02.
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Mikey
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Posted: 15 May 2006 at 10:20pm |
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What i would do is just go ahead with using your logo all you want, after all it is yours.
Don;t initiate any legal battles yourself and you should be fine. Just make sure they know you 'already' have produced your own merchandise and don't let them forget you exsist until they give you answers.
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Handyman man?
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WebWiz-Bruce
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Joined: 03 September 2001
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Posted: 16 May 2006 at 12:40pm |
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You need to quickly get it registered as a trade mark before they do, this is the only way to make sure you are the legal owner of a trade mark if it comes to court.
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dfrancis
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Joined: 16 March 2005
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Posted: 16 May 2006 at 2:14pm |
I did a search for drum world and By Drummers For Drummers and did not find any trademarks. It's expensive but if you want to protect your property, you might consider registering it.
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Mikey
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Posted: 16 May 2006 at 2:17pm |
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If your intrested in the long run (which i think you are) i would go with that idea
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Handyman man?
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dfrancis
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Posted: 16 May 2006 at 2:52pm |
Is there a European equivalent to the US Patent and trademark office?
<edit>
Ooops... I broke my own rule and ask a question before Googling it... my bad.
</edit>
Edited by dfrancis - 16 May 2006 at 2:54pm
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zMaestro
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Joined: 11 May 2003
Location: Egypt
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Posted: 17 May 2006 at 10:52am |
I was in a similar situation, and i read a bit about this, and found that a trade mark MUST be registered so to be protected.
If you didn't register it, so you can never protect it.
Registration in Egypt costs about $8,000  |
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