11 Jan 2006
Flock in a Large Three Dimensional Quadrilateral Structure

Whoppee! The trademark wars have finally hit home, and in a most unexpected way, too!

I received a request tonight from the owner of a trademark, regarding my farm site:

To Whom It May Concern:

I'm sorry to inform you that you are infringing upon my registered trademark name "Flock In A Box" on your website.

Please discontinue using my Registered Trademark immediately.

Sincerely,

Tim Thomas

I was puzzled indeed, until I happened across my August, 2004 newsletter, when I offered a small flock of Blackface sheep for sale as a "Flock In A Box" (which I now know requires a ™ and a reference to Mr. Thomas). I was indeed infringing, and have removed the infringing phrase, per Mr. Thomas' request. I replaced it with the phrase that serves as the title of this post.

Googling for the trademark turned up little in the way of Mr. Thomas' product: in fact, nothing at all. There was another sheep farm selling under his trademark, but the rest of the hits had to do with Christmas flocking.

I would've been a bit more understanding if his cutouts for duck hunting had appeared all over the Net - but I still would've questioned any confusion that might arise. How many duck hunters also raise sheep? Who could possibly confuse a dummy waterfowl with a live lamb? Should Citizens Gas and Coke Utility be subject to trademark harassment from the Coco-Cola Company?

Apparently, I have to search the trademark database every time I write - who knows what horrid confusion I could inadvertently create in the minds of innocent consumers.

Oh, and by the way, I've not got any starter flocks for sale currently. Pointless.

00:00 /Copywrongs | 4 comments | permanent link