Markel

Hey to all!

I have a question in regards to trade mark infringement.
We have a local business that does a retail line of clothing that simply has the state highway sign on it
M22. It is a scenic Hwy in northern Michigan.

We had a customer of ours order some clothing and
stickers that had the M37 highway sign printed on it that
she wanted to sell at her business. She came to our
shop today and told us she was contacted by the lawyer
of the M22 business and was told that they would sue
her if she did not pull this line. That they had a Trade
Mark on the concept of using a highway sign on clothing.

This can not be right, can it? She told me she is not
going to sell her product. She does not want to fight
this is court. Help

 

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Comin'OutSwingin

I doubt that they have a trademark on the "concept" of using a highway sign on clothing.

But, it does go to show you how well a good cease and desist letter works!

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loftgolf

I find it very hard to believe that this store has trademarked the use of a highway sign. To be sure, go to the USPTO website and do a search on it. If there is a trademark, you'll find out there.

Trademarks

I'm not sure what they'd be listed under, so it may take a little time. Good luck. One more thing, if they registered the sign there should be the circled R by the product.

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Comin'OutSwingin

This is the only thing I could find, and the goods and services registered is wine, not clothing.

But it is in Michigan, though!

Trademark Electronic Search System (TESS)

EDIT:

Nevermind, I did find it:

http://tess2.uspto.gov/bin/showfield...003:iukfbe.4.1

The trademark is registered, but they still don't have a trademark on the "concept" of using a highway sign on clothing.

The following is not legal advice....I can see how they would want to protect their trademark, but the problem is that they are using something that is a public item as their brand. Can they sue, maybe, but I think it would be extremely hard for them to win.

The state of Michigan had those highway signs designed for a purpose. It would be interesting to see what they would do if the state decided to sell shirts with the highway signs.

Now that would be an interesting case!

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Solmu

Quote: Originally Posted by Comin'OutSwingin Now that would be an interesting case!

If by "interesting" you mean "brief"

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Ceci n'est pas une autographe.

 

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Markel

Thank you for your feed back! I have just talked with
my client, we discussed the details of the meeting with
the lawyer. I will share this information with her.

I love T-shirt forums! It is the best!

I plan to be far more active on it. It is great to share
ideas and solve problems that we all deal with on a daily basis.

 

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