[creatinggrafix]

Hey Guys, this forum has been a big help to me over the years, just reading what was already there.. But I have an important question that I want to ask; and I know you aren't lawyers, but hoping you might know or give me your opinion.

In my town, there is a week long festival called 89er Days.. Now I have sold t-shirts that I designed and printed for 2 years about the event.. Well there is a committee of old bastard men that are part of who puts the thing together that are trying to trademark or copyright the term 89er days because they are mad I am making money and not giving them any of it.. And a friend that is part of their committee is saying they talked with a lawyer, and all this jazz about trademark etc... Now question is, since that is the general title of the festival, and not a particular business, is it still ok to have "Guthrie 89er days" on a t-shirt with my graphics? I believe it is, everyone uses it to announce the thing coming, the newspaper makes a tabloid each year and sells ads on it.. I just wanted to see what you guys thought. Any info would be appreciated!

 

[kimura-mma]

If "I Love NY" can be trademarked, so can "89er Days." It's really going to come down to their proof of use in commerce and whether the USPTO examining attorney approves it for trademark registration. It it gets trademarked, they could take action if you infringe. If you think you have proof of first use in commerce on t-shirts, maybe you can get it trademarked.

 

[charles95405]

I think you may have problem....my suggestion you talk with an IP attorney...... And maybe look into getting it trademarked for t shirts as Tim suggested.

 

[creatinggrafix]

Thanks for the info, I was the first to ever print an 89er shirt, and this years shirts I have already altered to spell out eighty niner instead of 89er of which they are trying to trademark. I am going to talk with a lawyer friend of mine that is pretty good in that area. Thanks again for the feedback!

 

[gnizitigid]

Thanks for the info, I was the first to ever print an 89er shirt

In that case, you will win for sure

 

[royster13]

Just be ready for an injunction preventing you from selling anything.....If they festival has a long history and you have only been doing shirts for a few years, the committee will have a strong claim....Because time is short, they will probably go on defense and request an injunction to prevent you from selling anything.....

And as far as numbers versus word for 89.....I doubt that will work...As you will need legal advice best not to rely on anything you read here and get a lawyer.....You get what you pay for for the rest of the opinions....

 

[kimura-mma]

In that case, you will win for sure

It's not exactly that simple.

But it's certainly worth it for the OP to explore what rights they may have. At the very least, it may be as simple as negotiating a licensing agreement or royalty percentage. There must be a way for everyone to profit and be happy.