Trademark infringement

[LushBoobs]

I'm curious.. what would you do if you invested thousands into building a brand, exclusive content which was to appear ONLY On the 1 site..

and then.. a huge company swooped in and used your trademarked brand name for the same model, who had since left the company and was no longer legally entitled to use that name and knew that?

What are the steps to recover after the cannibalization of an entire brand.. ? they were given the option to use her NEW name and chose not to because all the hard work and investment had already been done (not by them but by us) to promote and brand that name..

what happens next?

[Kostly]

See the movie the Social Network... lol

[Markul]

Call a lawyer happens next ;)

[Babaganoosh]

If you truly don't know what to do now then you're entirely too stupid to be in business for yourself.

[LushBoobs]

I know what to do and have spoken to two lawyers, I"M ASKING WHAT YOU WOULD DO... did you not understand the question? maybe you're the one that's too stupid.. it was simple. WHAT WOULD YOU DO?

duh.
asshole.

[LushBoobs]

thank you kostly and markul, for answering my question. what would you do.. not what should I do.

[Markul]

Originally Posted by LushBoobs

thank you kostly and markul, for answering my question. what would you do.. not what should I do.

Well... What did the lawyer say. I have 3 different lawyers with two different companies, usually (not always, but MOST of the time) I do what they advice me to do. Havent had to use then for a case like yours though.

[PhoneMoney]

I feel your pain.

Here is what I would do, with the assumption that you have it in you contract that she cannot use the name.

But be warned, I am a bitch when it comes to this kind of stuff. And I am rarely a bitch.

I would sick the lawyers on them, and then go and see what kind of a headache I could cause them legally. Lawyers are here to help, and odds are the model and her little friends think you won't do anything.

Prove them wrong.

See what loophole as well you can do to hit them up for a civil suit regarding breach of contract and loss of income. Go for $$$ from them. Not just the name.

You need a good lawyer.

However, if you don't have it VERY clear in her contract - you may be fucked.

[LushBoobs]

the name was trademarked.. they're using a trademarked name, it has nothing to do with the model and yes i have evidence that she knew she was not to use it anywhere else and exclusively with us. However.. the big company who wanted to use it, regardless of my agreement with the model - did not do their due diligence and research the trademark before using it - so my issue is not as much with her, as it is with them. She made a new name and all the other sites she models for use her new name. The big company in question wanted to use the name WE had branded, because no one knew her under the new name yet - and they wanted all the work WE had done to benefit them. Problem is, we had a PINUP Site (not xxx) and now they are using that name for her XXX work thereby trashing our brand and all our investment is now - also a waste.

Thanks for the advice.. I appreciate it.

=)

[Babaganoosh]

Originally Posted by LushBoobs

I know what to do and have spoken to two lawyers, I"M ASKING WHAT YOU WOULD DO... did you not understand the question? maybe you're the one that's too stupid.. it was simple. WHAT WOULD YOU DO?

duh.
asshole.

I was right.

You're entirely too fucking stupid.

[LushBoobs]

Originally Posted by Babaganoosh

I was right.

You're entirely too fucking stupid.

once again - I pointed out that you misunderstood the question and again you call me too stupid?

learn to read, asshole.
then take responsibility for YOUR MISTAKE and then apologize for being a dick.

apparently you can't admit you were wrong, and cover it by calling me names. smooth. way to show that you're soooooo insecure as to be unable to apologize or admit that you made - oops - A MISTAKE. you misunderstood my very BASIC AND SIMPLE QUESTION.. i guess we know which one of us is entirely too fucking stupid.

oh and if you're too stupid to understand - it's you.

[Babaganoosh]

Originally Posted by LushBoobs

once again - I pointed out that you misunderstood the question and again you call me too stupid?

learn to read, asshole.
then take responsibility for YOUR MISTAKE and then apologize for being a dick.

apparently you can't admit you were wrong, and cover it by calling me names. smooth. way to show that you're soooooo insecure as to be unable to apologize or admit that you made - oops - A MISTAKE. you misunderstood my very BASIC AND SIMPLE QUESTION.. i guess we know which one of us is entirely too fucking stupid.

oh and if you're too stupid to understand - it's you.

Are you trolling or are you truly this fucking dense?

I know you're trying to make this out to be an argument about semantics. That's just precious.

Anyone with an IQ higher than that of a coconut should/would talk to an attorney--which you made no mention of doing in your original post. After speaking to an attorney, anyone with an IQ higher than that of a coconut should/would do what the attorney advised them to do. The answer to your question was so blatantly obvious that I came to the conclusion that you are, in fact, an idiot.

I hope you get it now, genius.

[Kostly]

Welcome to GFY

[LushBoobs]

Originally Posted by Babaganoosh

Are you trolling or are you truly this fucking dense?

I know you're trying to make this out to be an argument about semantics. That's just precious.

Anyone with an IQ higher than that of a coconut should/would talk to an attorney--which you made no mention of doing in your original post. After speaking to an attorney, anyone with an IQ higher than that of a coconut should/would do what the attorney advised them to do. The answer to your question was so blatantly obvious that I came to the conclusion that you are, in fact, an idiot.

I hope you get it now, genius.

160 iq. ASSHOLE.

[Babaganoosh]

Originally Posted by LushBoobs

160 iq. ASSHOLE.

Also a congenital liar I see. Good luck with that.

[LushBoobs]

Originally Posted by Babaganoosh

Also a congenital liar I see. Good luck with that.

uh. no. I don't lie. so I'm sorry that you're so insecure that you cannot possibly admit that you misunderstood my question - and now you have to call me names and try to insult me to both make yourself feel better, and to deflect attention away from the fact that YOU MADE A MISTAKE.. i feel sorry for people who can't admit they make mistakes, because they have no potential to ever improve, evolve or learn from mistakes they can't admit they've made. oh well. still - you're kind of an asshole. now - stop responding, you clearly DID NOT UNDERSTAND MY QUESTION, SO really - your response is just a waste of OUR time. thanks for the judgement - again - YOU MADE A MISTAKE. don't sling shit at me because you are too arrogant to admit to it.

[Babaganoosh]

Again. Too...fucking...stupid. Just stop.

[stoner529]

1. i just read this thread.. you made it sound as if you hadn't hired a lawyer right off the bat, so i see the point there.

You get bitchy when someone calls you an idiot for asking what they would do stating they didnt read the question right.

Well we read the question stated what would we do. and i feel the same way, if you don't know what to do you shouldnt be in business in this industry.

trademark names are the same reason you see wrestlers with different companies having different names. they switch from one company and have to use different names because the other company trademarked that name. if that girl where smart she would have trademarked her own name and not let you trade mark a name for her.

If i had a 160 iq, i wouldnt be in the adult business. Hell i here asia carerra is quite smart and had great money until her husband died and she lost it all. but she is smart.

I wouldnt even ask the advice of anyone on here if i already hired a lawyer. Its a no brainer.

I think you're kinda stupid too for asking it. You can have brains but you can't always have common sense.

You can buy your kids way onto the football team but you can't buy him talent in the long run.

You can buy their grades in school but you can't buy them smarts when they need it on their own

You can trademark a name, but if you have to ask the advice of others after asking a lawyer, then you're stupid.....

[LushBoobs]

there are no stupid questions - only stupid answers. seriously... you guys are kinda clueless - as this is a WEBMASTER Q & A forum, which is meant to ask and answer questions and to seek and give advice. I two lawyers, one is my sister, the other my brothers best friend, both entertainment lawyers but don't specialize in ADULT entertainment and i wanted to know what YOU all would do in my situation. I didn't trademark the name for her, my company developed the character that SHE PLAYED.

fuck it. i won't come here for help anymore.. most of you are sarcastic rude assholes, and WHERE ELSE TO ASK THAN IN A Q&A help forum? this is the place.. you just didn't like the question and if you ask me - YOU Didn't have to CHIME IN, but wanted to slam me for asking a "stupid question" as you put it.. when in fact.. some people understood what i asked and answered and for those answers - THANK YOU - you all used this forum as it was originally intended, to ask for and receive advice, instead of abusing someone because you don't approve of the question.

seriously? wow.
fuck off.

[Babaganoosh]

Originally Posted by LushBoobs

there are no stupid questions - only stupid answers. seriously... you guys are kinda clueless - as this is a WEBMASTER Q & A forum, which is meant to ask and answer questions and to seek and give advice. I two lawyers, one is my sister, the other my brothers best friend, both entertainment lawyers but don't specialize in ADULT entertainment and i wanted to know what YOU all would do in my situation. I didn't trademark the name for her, my company developed the character that SHE PLAYED.

fuck it. i won't come here for help anymore.. most of you are sarcastic rude assholes, and WHERE ELSE TO ASK THAN IN A Q&A help forum? this is the place.. you just didn't like the question and if you ask me - YOU Didn't have to CHIME IN, but wanted to slam me for asking a "stupid question" as you put it.. when in fact.. some people understood what i asked and answered and for those answers - THANK YOU - you all used this forum as it was originally intended, to ask for and receive advice, instead of abusing someone because you don't approve of the question.

seriously? wow.
fuck off.

Yes, there are stupid questions. Your original post should serve as proof. Don't get butthurt that a few people laughed at you. We understood your question *PERFECTLY* despite your insistence that we didn't. You sure are sensitive. Perhaps GFY is too rough for you. Maybe you can find a forum for cat blog webmasters or something?

[stoner529]

Originally Posted by Babaganoosh

Yes, there are stupid questions. Your original post should serve as proof. Don't get butthurt that a few people laughed at you. We understood your question *PERFECTLY* despite your insistence that we didn't. You sure are sensitive. Perhaps GFY is too rough for you. Maybe you can find a forum for cat blog webmasters or something?

Well put. Honestly I understood the question just fine, however because you seemed to go off on babaganoosh for saying thats a stupid question rather be adult and polite about it, i did agreee with him.

Now for more stupidity. I would rather get a TRADEMARK LAWYER then an entertainment lawyer. soo..... does that answer your question.