[AlpacaTalk] Intellectual Property Rights
This is a cross post, but I think it is important...
I am writing this because I see a disturbing pattern emerging. Over
the past week I have heard tell of at least 4 incidents, and tonight
I received a similar call.
There is a person out there by the name of Linda Davis (Amerilinda
Farm LLC) who contacted me tonight to inform me that my use of the
phrase "Alpaca Farm Finder" was an infringement on her trademarked
term "AlpacaFinder"
I know that she has been making similar claims for the term
"AlpacaWear" and "Alpaca Wear".
I also have it on good report that she has made similar claims on the
term "AlpacaShop" and "Alpaca Shop".
Now, keep in mind, I am not an attorney. However, I have had
opportunity to talk with an attorney on these matters over the course
of the past week.
Many, perhaps most of these claims lack merit.
Example: She does hold a trademark on the term "AlpacaShop"
However, it is in the supplemental registry. This offers severely
limited protection for the owner. It primarilly exists to allow a
person time to develop brand awareness for what is otherwise a
descriptive phrase. It does not prevent others from using that
descriptive phrase.
Example: She does in fact hold a trademark for a hang tag that
includes a graphic image, and stylized typography with the phrase
"Alpaca Wear". The trademark is specific to that hang tag/label and
does not extend to the use of the words "alpaca" or "wear".
It should be noted that she has applied for a trademark on the plain
text version of "AlpacaWear" and its pseudonym "Alpaca Wear" - and
that is just coming open for objections from the public.
Example: She does hold a trademark for the single word
"AlpacaFinder" but only as it applies to identifying alpacas suitable
for a specific purpose.
In every case that I am aware of Ms. Davis has attempted to extend
her intellectual property rights significantly beyond the protection
offered by the US Patent and Trademark Office.
If you are contacted by Ms. Davis I would advise you to have her
submit her concerns to you in writing. I would then go to the US PTO
website and conduct a search for the phrase that she is claiming you
are infringing on. In all of the cases I have seen so far even a
neophyte can quickly see that the claims lack merit. However, if you
are in doubt, consulting with an attorney would be appropriate.
But, do not allow yourself to be bullied by threats of action, or
just a bunch of legalese. The more this person gets away with this,
the poorer we all are.
And, by successfully forcing people to remove the phrases she covets
ownership over she significantly advances her attempts to gain
registration of the otherwise generic and descriptive phrases.
FWIW, she all but refused to submit her concerns to me in writing,
and escalated to the point I ended up hanging up on her. We will see
if she is willing to make a written claim.
Protect your rights!!
John Merrell
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posted by Chaddo at 8:02 PM
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