Skittles curbs Zkittlez

We’ve all been waiting for this shoe to drop, if Gorilla Glue had the money and time… Then these candy companies for sure have the money and time. And I agree they were probably waiting for an amount worth going after. If only they had BM numbers… :rofl::rofl::rofl::rofl::rofl:.

4 Likes

Them and rei have top notch customer service.

2 Likes

Speaking of shoes. I can’t wait for my samples to arrive.

7 Likes

It was making it into candy that was dumb. The legal standard is consumer confusion. Skittles has a point that dumb people will think their candy gets kids high and will stop buying it.

9 Likes

I had to look back at my comment like, “when the fuck did I meantion shoes… Oh yeah… duh”

They look dope, like a beefy converse!

3 Likes

Yeah imo it was foolish that z company thought this branding was appropriate from the beginning. Like, you can’t just add or replace a letter and expect a big company who own that tm to be like, that’s cool, use it. Blows me away that they never took their profits to pay for a tm review.

2 Likes

Multiply that by 10… At least 5k for a federal tm application. I know because I’m doing it now with a legal team. Hemp and cannabis tms cannot be realized by the uspto at this time. It is more confusing that the Google ads that advertise a 500 dollar trademark applications

2 Likes

I own the trademark Move Weight® and spent roughly $500. @yumyam

Cannabis is in my registered trademark.

So, what’s so confusing?

I even was handed over MoveWeight.com instead of paying $12,700 for it. Using my Registered trademark and a little persuation.

You can read about it here: https://future4200.com/t/dealing-with-domain-pirates-how-to-get-your-com-the-hard-way/135683?u=moveweight

Maybe I can help you do the same and save some of that money and break bread with you.

9 Likes

Did you delete that? Can’t find it

2 Likes

Addressed at who, oh that’s apparently not visible. It’s my private IT group. I’ll invite you @SISU

Try now.

2 Likes

Getting a trademark, and enforcing it are two different things. Just because they granted you a trademark, diesnt mean you would be able to enforce it . Cookies can trade mark their clothing for example but not their cannabis packaging . But cannot trademark their clothing if it has marijuana in it. Trademarks for marijuana and hemp are available in states under the states trademark protection .

Example with your case
Brand concept and brand development services for corporate clients; Brand development and evaluation services in the field of cannabis; .

If I started a business and website that does exactly what it says moveweightcannabisbusinessdevelopment.com you tried to sue me in federal court I don’t think you would have federal trademark protection , as marijuana is illegal under federal law.

I am a lawyer, this is not legal advice do not take it as such. This is just my understanding after taking a continuing legal education class on it, and viewing the industry as a whole from a distance

4 Likes

I wouldn’t even have to focus on cannabis. I’d just have to focus on the likeness or word. Hence why I was handed over a $12,695 domain instantly without fuss.

I chose the word. Not a logo. Logos and merchandise and products will be expanded upon.

I’m committed to paying, and am sending legal notices.

1 Like

The best defense is a good offense lol. Against a well funded adversary in court is what I’m referring to. The uspto will grant overly broad things they do not have the power to do necessarily, which may not hold up (completely) if the other side is deep stacked enough and motivated enough.

3 Likes

My first trademark attempt I did myself and was denied, paid $500 roughly to Incfile and they outsourced an attorney to take my already detailed trademark and got it pushed through. It’s no cake walk doing it on your own, I was lucky to get as far as I did.

It really is a subject you have to set aside a retainer /
savings for.

I also have to justify it in value. For instance a well known cannabis clothing brand recently launched something that looks like a total work on my Move Weight Fitness arm.

This was launched recently after I got to befriend and purchase some of their products…

Coincidentally…

I’m still mulling it over and attempted a positive approach.

My Move Weight Fitness company is also in LA so it would be home turf for both companies if it needs to go that far…

Do I think this single SKU will be worth damages? No.
Would I rather try for a positive relationship for potential future supported products? Yes.

They probably haven’t made 5k on it.

I already have communication with a MoveWt.com as well and I’m trying to steer it into a welcomed partnership.

1 Like

Correct.
Starbucks went after Doug for the dabuccino rigs.

If you have an aldi’s grocery store near you, walk through and look closely at their brand labels. It is like a museum of trademark ripoffs. Colors are too generic to be trademarked by themselves so they use that approach for copies.

Whoever has the most money wins before any dispute starts by just bullying the other side. Only corporations with deep pockets have enough money to litigate ip law cases. The law is blurry, and the lawyers are extra expensive. Then come the focus groups, consumer research to prove confusion, none of it is cheap.

4 Likes

The attorneys definitely love every moment of it.

Has to be worth squeezing.

I rather approach any concerns with open arms and try to find middle ground. Sometimes it’s a bear hug tho.

1 Like

Who will represent GirlScout Cookies Terpenes then? lol

okay so we spell different now LOL

1 Like

When you use the candy brand for even more clout cause now they’re suing you :joy::joy::joy::joy:

1 Like