Welcome to Welcome to DNF.com™ - Domain Sales, Domain Forum, Domain Appraisals, Domain Registrars

If you are new to domains and looking to buy, sell and learn about domains then you have come to the right place. DNForum is the largest domain name community on the internet and continues to grow every day. There are over 105,000 domainers on DNForum doing everything from buying domains, selling domains, learning about domains and discussing domains. Take a minute and Register.

Register Today on DNForum IT'S FREE!

Results 1 to 12 of 12
  1. #1
    Platinum Lifetime Member

    Join Date
    Aug 2004
    Location
    Manila
    Posts
    1,713
    DNF$
    7,718
    Bank
    0
    Total DNF$
    7,718
    Donate  

    Designer Sued For Using His Own Trademark Namesake

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

    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!

  2. #2
    Philadelphia Lawyer
    jberryhill's Avatar
    Join Date
    Oct 2002
    Posts
    3,020
    DNF$
    6,574
    Bank
    0
    Total DNF$
    6,574
    Donate  
    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.

  3. #3
    DNF Addict
    DNQuest.com's Avatar
    Join Date
    Oct 2002
    Location
    Columbia, MD
    Posts
    1,092
    DNF$
    7,463
    Bank
    0
    Total DNF$
    7,463
    Donate  
    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....

  4. #4
    TheLegendaryJP's Avatar
    Join Date
    Jul 2005
    Posts
    4,259
    Country

    Canada
    DNF$
    10,813
    Bank
    0
    Total DNF$
    10,813
    Donate  
    Maybe he can give back the $65 million and they'd let him use it again

    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.

  5. #5
    Platinum Lifetime Member
    typist's Avatar
    Join Date
    Mar 2006
    Location
    Vienna
    Posts
    982
    DNF$
    2,187
    Bank
    0
    Total DNF$
    2,187
    Donate  
    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.

  6. #6
    DNF Addict
    DNQuest.com's Avatar
    Join Date
    Oct 2002
    Location
    Columbia, MD
    Posts
    1,092
    DNF$
    7,463
    Bank
    0
    Total DNF$
    7,463
    Donate  
    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....

  7. #7
    Platinum Lifetime Member

    Join Date
    Jul 2006
    Location
    Brooklyn, New York
    Posts
    150
    DNF$
    461
    Bank
    0
    Total DNF$
    461
    Donate  
    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

  8. #8
    DNF Addict
    DNQuest.com's Avatar
    Join Date
    Oct 2002
    Location
    Columbia, MD
    Posts
    1,092
    DNF$
    7,463
    Bank
    0
    Total DNF$
    7,463
    Donate  
    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....

  9. #9
    DNF Addict
    Shaggy's Avatar
    Join Date
    Oct 2002
    Location
    Arizona
    Posts
    1,583
    Country

    United States
    DNF$
    5,796
    Bank
    0
    Total DNF$
    5,796
    Donate  
    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
    Jeep Forum - A forum dedicated to everything Jeep!
    Cadillac Forum - A forum for anything Cadillac!

  10. #10
    Platinum Lifetime Member
    tenzin's Avatar
    Join Date
    Aug 2007
    Location
    Netherlands
    Posts
    12
    DNF$
    273
    Bank
    0
    Total DNF$
    273
    Donate  
    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?

  11. #11
    Platinum Lifetime Member

    Join Date
    Aug 2004
    Location
    Manila
    Posts
    1,713
    DNF$
    7,718
    Bank
    0
    Total DNF$
    7,718
    Donate  
    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!

  12. #12
    DNF Addict
    DNQuest.com's Avatar
    Join Date
    Oct 2002
    Location
    Columbia, MD
    Posts
    1,092
    DNF$
    7,463
    Bank
    0
    Total DNF$
    7,463
    Donate  
    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....

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Domain name forum recommended by Domaining.com