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It's couldn't care less.
A lawyer once told me that trademarks are valid for the state that they are registered in.
As a member of a band in Pudunk, Ohio, I take extreme umbrage at that comment. As a matter of fact, "Extreme Umbrage" is our name.
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My apologies to all Pudunkians, some of my best friends are Pudunks.
Please note, "Extreme Umbrage" is already our band name. Cease and desist any further use of said name.
Note, for a small fee we can license you for unlimited use of "Extreme Umbrage".
For the record, it's "POdunk", not "PUdunk". Coming from Podunk I'm allowed to say that, right?![]()
The Noise Knows?
when you say "in commerce" do you mean trademarking the name or the first to make money using the name?It's all about first use in commerce. They win. I'd find another name.
It's couldn't care less.
Just spell it without the "i". That's probably not taken.
when you say "in commerce" do you mean trademarking the name or the first to make money using the name?
my friends band got a cease and desist order from a new band using the same name as theirs. my friends have been using the name off and on since the late eighties. they never trademarked though so they have to change their name.
I'm pretty sure "Noise" is too common of a word to be trademarked. In fact, a quick trademark search shows that nobody owns it. You should be fine to use it.
Sorry, both are in common use. Dictionary.com has a long article about the two.
yea the $$$ is why they did not pursue it and changed their name.I'm not a lawyer, so I'm just speaking in generalities. Your friend's situation seem more complicated. By just because they were sent a cease and desist means that it is correct. They're just sending legal notice and challenging their use of their trademark. Of course, fighting it means getting a lawyer and going from there. $$$