motor

RC45 · 10-31-2006, 04:07 PM

Well - while we continue to "negotiate" an amicable settlement we are assuming our new name and persona...

Zero to 100 and back - The True Enthusiasts Performance Benchmark

Afterall, we did nothing except provide these guys with a free and easy way to top of Google... for a magazine they are only THINKING about publishing...

sameerrao · 10-31-2006, 04:47 PM

I like it! Say when is Episode 2 out?

RC45 · 10-31-2006, 04:54 PM

Originally Posted by sameerrao

I like it! Say when is Episode 2 out?

Pretty soon.. and the numbers for a certain "featured car" are 0-183mph in a standing mile

RC45 · 10-31-2006, 05:33 PM

Originally Posted by bmuller

From what I've picked up in the intellectual property section of my business law course, you're at a major disadvantage. Technically, intent is good enough for these companies to register a copyright with the gov't and still receive the full protection of the law. Additionally, your lack of knowledge as to their possession of a legal copyright is not a defense.

Nonetheless, best of luck to you, I hope it all works out for the best.

Although the use of the name (which is not the same as their one they intent to use predates their registration - so clearly the name was not ilegally used until the date they registered theirs - which again is clearly not the same as ours.

nthfinity · 10-31-2006, 07:23 PM

Also, it doesn't really matter that you used the name before they did because it is nearly impossible to prove who intended to use it first. The only way you could win that one is if you could somehow prove that you copyrighted it yourself before they did so, which it appears you didn't. Plus, now that they do have a copyright, they have the gov't on their side.

keep in mind, we have had the name published in public since nov. 20 2005

RC45 · 10-31-2006, 08:48 PM

Originally Posted by bmuller

I realize that it is not the same name but I think it's easy enough to prove that they have a significant resemblance. For instance, if you were to tell someone the name of the magazine and the name of their copyrighted work, there is absolutely no difference in its pronunciation, easily lending itself to consumer confusion, which is the basis of intellectual property laws...

Actually their name lends itself to purposeful confusion.

Zero to 60 has no real other pronounciation... their name 0-60 could be zero to sixty, zero to six zero, nought to six oh. oh to sixty. nought to sixty, zero dash six zero ect etc etc...

Are they going to now sue anyone who has the numeral zero or six or zero in their name?

I mean - where do you draw the line?

Zero to 100 and back is quite clearly nothing like their name - at all.

5vz-fe · 10-31-2006, 08:57 PM

I think it's not bad, afterall, we have argued over and over in this forum that 0-60 means nothing to the perofrmance of a car anyways. I know the experience must have sucked...but glad the name is settled now

RC45 · 10-31-2006, 09:57 PM

What are common law rights?

Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.

Directly from the Federal Trademark Website...

dutchmasterflex · 11-01-2006, 09:48 AM

Kinda sucks you got bullied out of your name like that.. especially in these circumstances.

But I'm glad everything was resolved with out anyone getting "hurt".

Lookin forward to new issue!

RC45 · 11-01-2006, 11:54 PM

Originally Posted by bmuller

Originally Posted by nthfinity

Also, it doesn't really matter that you used the name before they did because it is nearly impossible to prove who intended to use it first. The only way you could win that one is if you could somehow prove that you copyrighted it yourself before they did so, which it appears you didn't. Plus, now that they do have a copyright, they have the gov't on their side.

keep in mind, we have had the name published in public since nov. 20 2005

Published or not, if you didn't copyright it, it doesn't matter.

Actually per recognized commonlaw it DOES matter.
First common use supercedes later registratin.

Originally Posted by bmuller

Originally Posted by RC45

Actually their name lends itself to purposeful confusion.

Zero to 60 has no real other pronounciation... their name 0-60 could be zero to sixty, zero to six zero, nought to six oh. oh to sixty. nought to sixty, zero dash six zero ect etc etc...

Are they going to now sue anyone who has the numeral zero or six or zero in their name?

I mean - where do you draw the line?

Zero to 100 and back is quite clearly nothing like their name - at all.

All I'm saying is that the target audience, car buffs, for both publications would know what the name means and wouldn't think it was "nought to six oh" or any other iteration you mentioned. For that matter, most people who aren't car enthusiasts would probably know what it meant simply because it is a fairly common phrase.

Whatever, it's over now so it doesn't matter.

Who says their name is not nougth dash six oh?

Nothing.

Who said it's over?

Just cause I changed names?

RC45 · 11-02-2006, 04:58 AM

Originally Posted by brembo

With all due respect it seems like you rolled over RC, but what do I know maybe they payed you out of it and you are happy with that....

There was nothing to roll over.. their application has not been granted, and seems to be stalled and as their might even be ground for their applicaiotn to be quesiotned by the Trademark office.

I never registered the name originaly, because their was a good chance at that time for it to be rejected, there are already a number of companies named 0-60, Zero to 60 and Zero to Sixty.... and at $25.00 non-refundable per name per class it is an expensive process to just register "in case you get the name".

There is a current live trademark registration for Zero to Sixty for a cable/tv show.. lets see them fight that one

Originally Posted by brembo

It doesnt matter if you guys are happy its all good...

Damn straight buddy