I think the big difference is that while the examples you provided are common WORDS individually, they are not common PHRASES, unless specifically relating to the companies or organizations who registered them.
The phrase music master is a generic and common term used for many decades throughout the entertainment industry. Sort of like common terms is other industries or areas of interest, "big rig", "loud mouth", "loan shark", "big stick", "toliet paper", "paper towel", "stupid idiot"
I was merely commenting on your statement of "it's only an adjective and a noun"
the fact it is common to the music industry merely makes it common in the music industry. It is not a generic term outside of the industry and actually, I do not believe it would even be considered generic. If so, what does it refer to that it is used generically for.The phrase music master is a generic and common term used for many decades throughout the entertainment industry
Kleenex is a brand name that is used generically. So is Coke. The generic use is obvious and well known. What would Music master represent in the generic sense? Use it in a sentence showing the generic use.
As a common term, what does it mean?
As well, just because a term is common, or even generic, does not mean it is not TM'able. The fact is, many terms are TM'd for a specific venue. Coke obvioulsy doesn't mean soda outside of the soft drink world and as such, The Coca-Cola Company cannot restrict every drug dealer from using the term "coke" when selling drugs. The drug dealers can even advertise they have coke and it is not something Coca-Cola can prevent.
but to refute your first statement, banana republic and hot topic are both very common phrases.
A Google search of "hot topic" returns 20,600,000 hits and I can guarantee you they are not all about the store.
from Wiki
Banana republic is a term for a small, often Latin American, Caribbean or African country that is politically unstable, dependent on limited agriculture often ruled by a small, self-elected, wealthy and corrupt clique. In most cases they have kept the government structures that were modeled after the colonial Spanish ruling clique, with a small, largely leisure class on the top and a large, poorly educated and poorly paid working class of peons. The term was coined by O. Henry, an American humourist and short story writer, in reference to Honduras. "Republic" in his time was often a euphemism for a dictatorship, while "banana" implied an easy reliance on basic agriculture and backwardness in the development of modern industrial technology.
[Limit the infringing uses to your own site. Admin.]
If I was looking in the yellow pages and there was no pic included, how would you tell?
What you are asking is actually irrelevent. The fact that the" MusicMaster" and "the Music Master" would lead to confusion and that is one major test for infringement.
beating this drum is not going to change the fact you (and DJ E) stop using the term or plan on going to court to defend yourselves. As it stands with the dates of TM and the dates of incorporation, I believe you have little chance of succeeding but who knows?
Why doesn;t DJ E simply change his title from "the music master" to something like " the master of music" or the the "jock of rock" ; King of Swing; Master MC; The Master MC;
Is this really this important that DJ E would be affected by changing his catch phrase?
on your website, you also complain about musicMaster operating in Greenville SC while caliming all rights to Atlanta. If you notice he advertises Atlanta•Savannah•Greenville•Columbia•Charlotte•Birmingham
on his website. He also claims to currently have 15 DJ's so he apparently does have a wide coverage area. This does not dilute any claim he may have.
Changing his handle or DBA or name would simply be like an admission on guilt, which he is not guilty of anything, nor am I...
It's a matter of ethics, no matter who wins in the end. What this guy is just plain immoral and unethical. Had he simply contacted me to begin with there would be no issue on my part. On 5/21 I learned of this and by 5/22 (less than 24 hours later), I had removed the term and let him know. Yet he still chose to send a summons to my front door, making it extremely personal.
White collar crime and law go hand in hand and it's a shame and is probably one of the major factors crippling our American culture. People suing becuae they get burned when they spill hot coffee, people suing when they get fat from eating fast food and now this! If you ask me, lawyers are on the wrong side of the bars.
in the game of infringement, mistakes happen, often innocently. Once you have been notified of the infringement, then it becomes willful and the retribution can be much greater. At this point, DJ E is willfully infringing upon this guys TM (if the courts find in favor of Byrd) and the possible monetary damages become much greater due to a willful infringement.=DJWebsiteDesigner;209885]Changing his handle or DBA or name would simply be like an admission on guilt, which he is not guilty of anything, nor am I...
Your choice. Not my money.
How is this. He is simply standing up for what he believes he is legally entitled to. If anybody has a moral problem here, it is you and DJ E.It's a matter of ethics, no matter who wins in the end. What this guy is just plain immoral and unethical.
No, that is making it business and if you got the summons the next day, he had already filed the suit. The contact was a notice to remove the disputed TM. That is how it becomes willful after that notice.Had he simply contacted me to begin with there would be no issue on my part. On 5/21 I learned of this and by 5/22 (less than 24 hours later), I had removed the term and let him know. Yet he still chose to send a summons to my front door, making it extremely personal.
If you would bother reading the actual story of Stella Liebeck, you would have a different idea as to this being a frivolous lawsuit.White collar crime and law go hand in hand and it's a shame and is probably one of the major factors crippling our American culture. People suing becuae they get burned when they spill hot coffee,
that one I agree with but not sure anybody has ever won such a suit.people suing when they get fat from eating fast food
I'll bet you would call the police if I stole you computer, wouldn't you? Well, this guy is doing the same thing. How can you see this as wrong, in any sense?and now this!
what would you have them do? It is not the attorneys but the courts and the legislatures that allow what is happening to happen. Write your legislators and seek reform.If you ask me, lawyers are on the wrong side of the bars.[
I received the follwing today that my lawyer sent my host and had me shut down... What's up with that? How in the world is it illegal to report factual info on a lawsuit or give opinion on the charges and motives?
Is this America or China?
Dear Sirs:
The purpose of this email is to bring to your attention the improper, defamatory use of the domain "freedjamerica.com", as shown on the attached screenshot. In addition my client's photograph is being used without permission, and I am personally being attacked. In that it is my understanding that the website is hosted by Internap, and in that its use and content are in direct and blatant violation of Internap's Acceptable Use Policy, I am hereby requesting that Internap voluntarily take appropriate action to terminate such use, or, alternatively, to suspend service and/or terminate service to the subscriber.
For your information, and such use as you may wish to make of it, I have also attached a copy of the First Amended Complaint which was filed in U.S. District Court, Northern District of Georgia, Atlanta Division, Civil Action No. 1:08-cv-1703-CAP. The document is a public document, available through PACER, which you may use in any manner you wish
Please be advised that I intend to take all appropriate action to terminate both the infringements of my client's registered trademarks and copyrighted photograph which appears on the site, as well as all appropriate action to terminate all tortious conduct by the defendants named in the action, including the defamatory remarks on the website.
It is my understanding that the use of the website is in direct violation of Section a. of Internap's Acceptable Use Policy, a copy of which is attached, as well. Accordingly, Internap is hereby requested to take immediate action to end such use of the web site which it is hosting.
Please feel free to call or email me.
Sanford ("Sandy") J. Asman
Attorney at Law
570 Vinington Court
Atlanta, GA 30350
Phone: (770) 391-0215
Fax: (770) 668-9144
Email: sandy@asman.com
YOUR attorney had the host site pull your specific site?
from what the letter states, it is not because of the actual content but that that content was in violation of the TOS of that host site.
It simply sounds they were asked to live up to their TOS and they agreed to do so.
YOU must realize that as long as you are hosted by somebody else, it is their site and the 1st amendment does not apply. They can allow or disallow anything they want. If you want to be able to post anything you want, you will have to be your own host.