Closing Doman Auctions
DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars
HomeRegisterMembershipsGetting StartedDomain Tools Domain EbooksSEO Software Domain Resellers Advertise

Go Back   DNForum - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars > Domain News, Beginners Guides and Legal Stuff! > Domain Name Legal Issues
Register Search Today's Posts Mark Forums Read

Reply
 
LinkBack Thread Tools Display Modes
Old 09-19-2007, 06:13 AM   #1 (permalink)
Platinum Lifetime Member
No Avatar
 
Name: Dave Zan
Last Online: 11-12-2009 09:55 PM
iTrader: (1)
Join Date: Aug 2004
Posts: 1,663
DNF$: 0
Location: Manila


Designer Sued For Using His Own Trademark Namesake

http://www.dnrnews.com/site/article.php?id=595

Quote:
Specifically, JA Apparel charged that Abboud’s stated intention to use his own name to help publicize Jaz would violate JA Apparel’s ownership of the Joseph Abboud trademarks. The company is seeking a permanent injunction forbidding Abboud from using the Joseph Abboud name on any marketing, advertising or promotional materials related to the Jaz brand, as well as unspecified monetary damages.
__________________
Vidi, Vici, Veni!
Dave Zan is offline   Reply With Quote
Sponsored Ads
Old 09-19-2007, 09:24 AM   #2 (permalink)
Philadelphia Lawyer
 
jberryhill's Avatar
 
Last Online: 09-18-2009 01:17 AM
iTrader: (1)
Join Date: Oct 2002
Posts: 2,987
DNF$: 6,350

Send a message via ICQ to jberryhill

Another self-made martyr.

The guy seems to be something of a jerk. He sold the right to use his name on clothing, and now he wants to do it in some sort of sideways manner.

There is no absolute right to use your own name in commerce.

If your name is Ford, and you make cars, you are going to have to call them something else.

If your name is DuPont, and you make chemicals, you are going to have to call them something else.

The Taylor wine family sold the right to use their name generations ago. One of the Taylor grandsons has been playing the same stupid game, and losing, off and on for years.

The guy in the story is being sued for breach of contract. If I pay you for the exclusive right to use "Dave Zan" in forum postings, and you come back and start posting in your own name again, yeah, I'll sue you.
__________________
John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
Please do not send private messages via dnforum.com, email me directly.
jberryhill is offline   Reply With Quote
Old 09-19-2007, 10:00 AM   #3 (permalink)
DNF Addict
 
DNQuest.com's Avatar
 
Last Online: 09-23-2008 04:35 PM
iTrader: (2)
Join Date: Oct 2002
Posts: 1,100
DNF$: 4,835
Location: Columbia, MD

Send a message via Yahoo to DNQuest.com

My name is for sale at only 10% of what JA paid... what a deal!!!! And I will change my drivers license.....
__________________
Track emails that you send, PM me to find out how....
DNQuest.com is offline   Reply With Quote
Old 09-19-2007, 11:02 AM   #4 (permalink)
 
TheLegendaryJP's Avatar
 
Last Online: Today 12:59 AM
iTrader: (35)
Join Date: Jul 2005
Posts: 3,159
DNF$: 6,308
Country:




Maybe he can give back the $65 million and they'd let him use it again

Quote:
The complaint notes that when Abboud sold his trademarks in 2000, he sold all rights to use the words “Joseph Abboud,” “designed by Joseph Abboud,” “by Joseph Abboud,” “JA,” or “anything similar or derivative thereof, either alone or in combination with other words or symbols.”
This guy is obviously aware of what he was paid for and signed off on. The fact is no one seems to have the ability to honor an agreement and weaseling out of contracts seem to be the norm. If only the courts held people to their word this wouldnt be such an issue this day in age.
TheLegendaryJP is offline   Reply With Quote
Old 09-19-2007, 11:16 AM   #5 (permalink)
Platinum Lifetime Member
 
typist's Avatar
 
Last Online: 03-20-2009 08:02 AM
iTrader: (10)
Join Date: Mar 2006
Posts: 987
DNF$: 2,067
Location: Vienna
Country:


Quote:
Originally Posted by DNQuest.com View Post
My name is for sale
Good to know. I wonder if your name would be a suitable trademark for a Panama-registered domain name monetization business.
__________________
always buying domains with type-in traffic. all tlds.
typist is offline   Reply With Quote
Old 09-19-2007, 02:01 PM   #6 (permalink)
DNF Addict
 
DNQuest.com's Avatar
 
Last Online: 09-23-2008 04:35 PM
iTrader: (2)
Join Date: Oct 2002
Posts: 1,100
DNF$: 4,835
Location: Columbia, MD

Send a message via Yahoo to DNQuest.com

for 10% of 65mil... you can do anything you want... but I was refering to my real name.
__________________
Track emails that you send, PM me to find out how....
DNQuest.com is offline   Reply With Quote
Old 09-25-2007, 01:48 PM   #7 (permalink)
Platinum Lifetime Member
No Avatar
 
Name: Brett
Last Online: 01-15-2009 05:18 PM
iTrader: (1)
Join Date: Jul 2006
Posts: 142
DNF$: 370
Location: Brooklyn, New York
Country:


Quote:
The guy seems to be something of a jerk. He sold the right to use his name on clothing, and now he wants to do it in some sort of sideways manner.
True. Sadly, my favorite suit is a Joseph Abboud. I'm not sure if I can wear it any more, or should I just rip off the label?
__________________
Brett E. Lewis, Esq.
brett@lewishand.com
Brett Lewis is offline   Reply With Quote
Old 09-25-2007, 02:12 PM   #8 (permalink)
DNF Addict
 
DNQuest.com's Avatar
 
Last Online: 09-23-2008 04:35 PM
iTrader: (2)
Join Date: Oct 2002
Posts: 1,100
DNF$: 4,835
Location: Columbia, MD

Send a message via Yahoo to DNQuest.com

Quote:
Originally Posted by Brett Lewis View Post
True. Sadly, my favorite suit is a Joseph Abboud. I'm not sure if I can wear it any more, or should I just rip off the label?
Isn't that illegal to do??? wait, that just applies to mattresses
__________________
Track emails that you send, PM me to find out how....
DNQuest.com is offline   Reply With Quote
Old 09-27-2007, 03:18 AM   #9 (permalink)
DNF Addict
 
Shaggy's Avatar
 
Last Online: Today 02:34 AM
iTrader: (8)
Join Date: Oct 2002
Posts: 1,571
DNF$: 5,573
Location: Arizona


Quote:
Originally Posted by DNQuest.com View Post
Isn't that illegal to do??? wait, that just applies to mattresses

Thats only illegal to don't if you don't own that mattress :p
__________________
CallofDutyForum.com - A forum dedicated to the game Call of Duty!
CadillacCorner.com - A forum for anything Cadillac!
Shaggy is offline   Reply With Quote
Old 09-27-2007, 08:11 AM   #10 (permalink)
Platinum Lifetime Member
 
tenzin's Avatar
 
Last Online: 10-28-2007 09:24 AM
iTrader: (0)
Join Date: Aug 2007
Posts: 12
DNF$: 10
Location: Netherlands
Country:


Quote:
The complaint notes that when Abboud sold his trademarks in 2000, he sold all rights to use the words “Joseph Abboud,” “designed by Joseph Abboud,” “by Joseph Abboud,” “JA,” or “anything similar or derivative thereof, either alone or in combination with other words or symbols.”
That seems very clear in the context of naming his new brand. (I'm assuming that Joseph Abboud can still use his name on his driver's license and when buying a house.) It also goes without saying that people should honor their agreements, especially in cases such as this, where Mr. Abboud was generously compensated.

However, I do have a question: Is it absolutely impossible for him to let people know that he is the creative director behind the new Jaz brand, or does the problem arise from the way he's doing it? For example, in an "About the Company" section on the Jaz website or in a brochure, is it illegal to state that it was started by Joseph Abboud?
tenzin is offline   Reply With Quote
Old 09-27-2007, 09:05 PM   #11 (permalink)
Platinum Lifetime Member
No Avatar
 
Name: Dave Zan
Last Online: 11-12-2009 09:55 PM
iTrader: (1)
Join Date: Aug 2004
Posts: 1,663
DNF$: 0
Location: Manila


Quote:
Originally Posted by tenzin View Post
However, I do have a question: Is it absolutely impossible for him to let people know that he is the creative director behind the new Jaz brand, or does the problem arise from the way he's doing it? For example, in an "About the Company" section on the Jaz website or in a brochure, is it illegal to state that it was started by Joseph Abboud?
The answer to those questions will likely depend on their agreement. While
what you asked might not be illegal under any applicable law, the terms of
their agreement can give one of them a cause of action against the other.
__________________
Vidi, Vici, Veni!
Dave Zan is offline   Reply With Quote
Old 09-28-2007, 09:39 AM   #12 (permalink)
DNF Addict
 
DNQuest.com's Avatar
 
Last Online: 09-23-2008 04:35 PM
iTrader: (2)
Join Date: Oct 2002
Posts: 1,100
DNF$: 4,835
Location: Columbia, MD

Send a message via Yahoo to DNQuest.com

Quote:
Originally Posted by Dave Zan View Post
The answer to those questions will likely depend on their agreement. While
what you asked might not be illegal under any applicable law, the terms of
their agreement can give one of them a cause of action against the other.
This was the type of circumstance with Apple v. Apple, where it was the agreement that took precedence over TM law. (I still can't believe "data transfer" was ruled in that case.)

BTW- I lowered my asking price of my name.. only 5% of 65mil...
__________________
Track emails that you send, PM me to find out how....
DNQuest.com is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -5. The time now is 10:08 AM.
Copyright @2001-2009 DNForum.com