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(Wall Street Journal)   Don't like your new business competitor? Try a trademark infringement lawsuit. Simply post an anonymous Yelp review claiming confusion between your company and your new competitor, then sue and profit   (blogs.wsj.com) divider line 14
    More: Interesting, anonymous post, United States federal judge, indicative, likelihood of confusion, trademark infringement  
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3559 clicks; posted to Business » on 27 Feb 2013 at 12:38 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



14 Comments   (+0 »)
   
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2013-02-27 12:30:17 AM  
YouFit and FitU are pretty damn close, I could see the confusion even without the Yelp review.
 
2013-02-27 02:31:15 AM  
 
2013-02-27 06:13:28 AM  
So a group of franchisees dropped out of the arrangement, moved the U from their sign to the front and voila totally different business?  No, sorry, it doesn't work that way you meatheads.  I hope this is very costly to both parties though, because there's nothing I like seeing more then a fitness chain getting their karma returned.
 
2013-02-27 06:56:56 AM  

EvilEgg: YouFit and FitU are pretty damn close, I could see the confusion even without the Yelp review.


YouFit and YouTube are pretty close, as are FitU and ESPNU.   Both should sue both and see who has more lawyers.

Just because you name a business something, you do not own and entire word or an entire letter of the alphabet.
 
2013-02-27 07:49:51 AM  

I sound fat: YouFit and YouTube are pretty close, as are FitU and ESPNU.


Your first example doesn't apply because they're completely different industries.  The second example doesn't apply because they're completely different industries along with completely different names.

Just because you name a business something, you do not own and entire word or an entire letter of the alphabet.

3.bp.blogspot.com
www.knockingoff.com
 
2013-02-27 07:54:42 AM  

I sound fat: EvilEgg: YouFit and FitU are pretty damn close, I could see the confusion even without the Yelp review.

YouFit and YouTube are pretty close, as are FitU and ESPNU.   Both should sue both and see who has more lawyers.

Just because you name a business something, you do not own and entire word or an entire letter of the alphabet.


Tell that to Apple and Facebook.
 
2013-02-27 08:20:12 AM  
We had a 4-5-6 Chinese restaurant near us. New owners came in, flipped a digit, making it 4-5-9. Everyone was happy.
 
2013-02-27 10:09:18 AM  
Yeah, well, if your "competitor" is a group of your own former franchises that has adopted the exact same name, then yes, this just might hold up in court.
 
2013-02-27 11:16:42 AM  
A buddy of mine used to work at a small start-up whose name was so close to a national trademark that even the CEO used to make jokes about it.  One day, my friend got laid off and replaced with the recent college grad they said they hired (and forced him to train) to be his "assistant."

So in the spirit of "do unto others as they just did unto you," my buddy sent the bigger company an email posing as a potential customer asking for product info about the smaller business and expressing total confusion over whether or not the two were the same and which of the two product lines were the right one for his business.

A year or so later, the start-up folded because they couldn't afford the crushing legal fees.  I doubt the larger firm even needed to hire a lawyer.  They probably just photoshopped a cease-and-desist on top of the "Ha Ha" Quaker dude and invited them to a courthouse hoe down.

Lesson learned: Don't screw your employees, and if you do make sure you understand the phrase "payback is a biatch."
 
2013-02-27 12:27:42 PM  
I remember when I owned a business that shared a pretty similar name to a big competitor, they were first to market but we had the better product.  We operated in a niche that only the locals really knew about and it was great up until one of the warranty repair techs got a chip on their shoulder because we caught them jerking it at work too much and fired them after repeatedly ignoring out requests to stop.  You know what they did?  They posed as a customer and emailed the competitor trying to stir up dust and boy did it ever work.  In the end the competitor bought all the IP off me for practically a mint and but the rest of my staff had to be laid off or get absorbed into our competitor.  I golden parachuted to my new home here in the Tropics, my staff went on IE, that nasty little repair guy is still gloating over his supposed victory and that's the story of Fleshiate.
 
2013-02-27 12:29:12 PM  
Oh good god, what the hell fark filter, what the hell.  Flesh Lite, god damnit.
 
2013-02-27 09:33:44 PM  

I sound fat: Just because you name a business something, you do not own and entire word or an entire letter of the alphabet.


i169.photobucket.com

mebelki.zoni.pl
 
2013-02-27 10:08:50 PM  

EvilEgg: YouFit and FitU are pretty damn close, I could see the confusion even without the Yelp review.


You probably confuse lightening with lightning, too.
 
2013-02-28 09:52:20 AM  
there was a mini-mart around the corner from my old house open from 7 AM to 11PM called "No Name." Apparently that was all the owner could think of after 7 Eleven got through suing him.
 
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