[Mark Leuck]

Well, yes..they were representing themselves as being me/my company. They
didn't actually have any licenses or a legal business.

This is interesting though. So you guys are kinda saying that if I bought a
used ADT service truck with their signage on it, and drove it around not
intending to do any alarm business that ADT or lets say just parked it on my
driveway - would have no case? (tangent from OP...just posing another ?)

I wouldn't think so but again I'm no lawyer

 

[Mark Leuck]

Even with that, the crime
would be possession of stolen property and not anything to do with the logo.
Stealing an ADT truck would carry no heavier penalty than stealing RLB's
Camary.

That depends if you have a non-functional firearm

 

[Mark Leuck]

Yep. I think Texas is one that has some heavy restrictions on their Texas
Star, and that goes way back.

Try putting something up with the word "Kentucky" in it

 

[alarman]

Keep in mind that I'm not a lawyer but I did stay at a Holiday Inn Express
last night

Nonsense. Monitronics wouldn't spring for a Holiday Express.
js

 

[Nomen Nescio]

Crash Gordon said:

This is interesting though. So you guys are kinda saying that if I bought a
used ADT service truck with their signage on it, and drove it around not
intending to do any alarm business that ADT or lets say just parked it on my
driveway - would have no case?

Yes, especially since ADT had the opportunity to remove the signs before
selling you the truck and chose not to do so.

Trademark law is primarily about identifying the source of goods and
services. In the example you gave, where someone is using the name of your
business without permission, to try and make some money, it's a trademark
violation because the public will probably be confused into thinking they
are buying from you.

Big companies like ADT are so well known, their trademarks are known as
"famous marks," and they get extra protection under the law. For example,
you can't open a hamburger stand and call it McDonald's, even if your name
is McDonald. But if your ADT truck is just parked in the driveway, it's
not being used in commerce, and the public is not being confused.

Where ADT may have a point on the yard signs is this: suppose some DIYer
puts in his own piece of shit system, puts up some ADT yard signs to make
it look official...and the system starts causing lots of false alarms.
People see the yard signs and blame ADT, and maybe they don't buy an ADT
system because of it. The public is confused as to the source of the alarm
system.

- badenov

 

[Jim]

Yes, especially since ADT had the opportunity to remove the signs before
selling you the truck and chose not to do so.

Trademark law is primarily about identifying the source of goods and
services. In the example you gave, where someone is using the name of your
business without permission, to try and make some money, it's a trademark
violation because the public will probably be confused into thinking they
are buying from you.

Big companies like ADT are so well known, their trademarks are known as
"famous marks," and they get extra protection under the law. For example,
you can't open a hamburger stand and call it McDonald's, even if your name
is McDonald. But if your ADT truck is just parked in the driveway, it's
not being used in commerce, and the public is not being confused.

Where ADT may have a point on the yard signs is this: suppose some DIYer
puts in his own piece of shit system, puts up some ADT yard signs to make
it look official...and the system starts causing lots of false alarms.
People see the yard signs and blame ADT, and maybe they don't buy an ADT
system because of it.
The public is confused as to the source of the alarm
system.

Not really.

I'd guess that it doesn't really matter which one installed the system.
The results would be the same.

 

[Bob Worthy]

Try putting something up with the word "Kentucky" in it.

Can't, there are no restrictions on fried chicken. If there were, obesity in
the US won't be a problem.

 

[Mark Leuck]

Can't, there are no restrictions on fried chicken. If there were, obesity in
the US won't be a problem.

That affects much more than fried chicken tho

 

[Crash Gordon]

That's what I was getting at; dilution of a famous mark.


| Crash Gordon said:
|
| >This is interesting though. So you guys are kinda saying that if I bought
a
| >used ADT service truck with their signage on it, and drove it around not
| >intending to do any alarm business that ADT or lets say just parked it on
my
| >driveway - would have no case?
|
| Yes, especially since ADT had the opportunity to remove the signs before
| selling you the truck and chose not to do so.
|
| Trademark law is primarily about identifying the source of goods and
| services. In the example you gave, where someone is using the name of
your
| business without permission, to try and make some money, it's a trademark
| violation because the public will probably be confused into thinking they
| are buying from you.
|
| Big companies like ADT are so well known, their trademarks are known as
| "famous marks," and they get extra protection under the law. For example,
| you can't open a hamburger stand and call it McDonald's, even if your name
| is McDonald. But if your ADT truck is just parked in the driveway, it's
| not being used in commerce, and the public is not being confused.
|
| Where ADT may have a point on the yard signs is this: suppose some DIYer
| puts in his own piece of shit system, puts up some ADT yard signs to make
| it look official...and the system starts causing lots of false alarms.
| People see the yard signs and blame ADT, and maybe they don't buy an ADT
| system because of it. The public is confused as to the source of the
alarm
| system.
|
| - badenov
|

 

[Robert L Bass]

That's what I was getting at; dilution of a famous mark.

Leuck got drunk?

 

[Mark Leuck]

Leuck got drunk?

Leuck doesn't drink, Leuck also doesn't threaten relatives with supposed
non-working firearms

 

[Robert L Bass]

Leuck doesn't drink, Leuck also doesn't threaten

relatives with supposed non-working firearms

Well, that's what you claim.

 

[Bob Worthy]

obesity

That affects much more than fried chicken tho

Yep, I just shed thirty pounds and have another 20 to go. Some what of an
expert on that problem. I could eat with the best of them, except those hot
dog eating contests. Those are sick! ]

 

[Mark Leuck]

That affects much more than fried chicken tho

Yep, I just shed thirty pounds and have another 20 to go. Some what of an
expert on that problem. I could eat with the best of them, except those hot
dog eating contests. Those are sick! ]

I know where your coming from, I lost 90 2 years ago

 

[Bob Worthy]

the US won't be a problem.

That affects much more than fried chicken tho

Yep, I just shed thirty pounds and have another 20 to go. Some what of an
expert on that problem. I could eat with the best of them, except those hot
dog eating contests. Those are sick! ]

I know where your coming from, I lost 90 2 years ago

Wow! Good job. I know the older you get the harder it is. But, if you wanta
get older........

 

[Crash Gordon]

I lost 86 two/three years ago, but not completely by choice....gained 40
back but still feel great



|
| | >
|
| > > > the US won't be a problem.
| > >
| > > That affects much more than fried chicken tho
| >
| > Yep, I just shed thirty pounds and have another 20 to go. Some what of
an
| > expert on that problem. I could eat with the best of them, except those
| hot
| > dog eating contests. Those are sick! ]
|
| I know where your coming from, I lost 90 2 years ago
|
|

 

[Bob Worthy]

I lost 86 two/three years ago, but not completely by choice....gained 40
back but still feel great

Damn, now I feel like a late comer in this game. Between you and Mark, those
are some big numbers. Bob L. would like to posts those in one of his fishing
tourneys.

|
| | >
|
| > > > the US won't be a problem.
| > >
| > > That affects much more than fried chicken tho
| >
| > Yep, I just shed thirty pounds and have another 20 to go. Some what of
an
| > expert on that problem. I could eat with the best of them, except those
| hot
| > dog eating contests. Those are sick! ]
|
| I know where your coming from, I lost 90 2 years ago
|
|

 

[Robert L Bass]

I lost 86 two/three years ago, but not completely

by choice....gained 40 back but still feel great

I lost 50 pounds when I moved to Florida. I gained half of it back over a few years, then lost 30 pounds earlier this year. It's
always a struggle. :^)

 

[Mark Leuck]

If you don't mind me asking what does the "not completely by choice" mean?

 

[Crash Gordon]

chemo type meds killed my tastebuds...couldnt eat hardly anything for almost
a year...when taste came back I pigged out.



| If you don't mind me asking what does the "not completely by choice" mean?
|
| | > I lost 86 two/three years ago, but not completely by choice....gained 40
| > back but still feel great
| >
| >
| >
| > | > |
| > | | > | >
| > |
| > | > > > the US won't be a problem.
| > | > >
| > | > > That affects much more than fried chicken tho
| > | >
| > | > Yep, I just shed thirty pounds and have another 20 to go. Some what
of
| > an
| > | > expert on that problem. I could eat with the best of them, except
| those
| > | hot
| > | > dog eating contests. Those are sick! ]
| > |
| > | I know where your coming from, I lost 90 2 years ago
| > |
| > |
| >
| >
|
|