OT: Name Change

[Grind Hard]

I make and sell knives locally, and to a couple of "bigger" customers in other states. Mostly my knives are used for meat-packing and butchering operations.

Anyway, I advertised briefly my capability to do "custom" kitchen-knives, and promptly got a visit from a band.

Turns out they object to me using the name "Grind Bastard" for my business.

So after a brief discussion where I offered to supply them with etched-logo knives, I decided to play nice and change the name of my business... and my forum name as well.

Still the same Bastard who Grinds, just can't warn people lest I provoke another polite discussion.

[flylo]

Now it sounds like your a pole dancer,LOL! I like Bastard better. How about Grind Master?

[Dr Stan]

Now it sounds like your a pole dancer,LOL! I like Bastard better. How about Grind Master?

Yes Grind Hard does invoke the visual of a pole dancer, but Grind Master brings up a SMB lap dancer.

How about something related to the knife edge such as Always Sharp, Keen Edge, or . . .

[Grind Hard]

Well if my son ever takes an interest in knife-making he can be Grind Hard II: Grind Harder.

[toolmaker76]

Was there any discussion as to who had the name the longest? I did a name search when I named my business- if you happened to have had the name longer I would think you would have had the rights to it, although given the two different (apples and oranges) usages of the same name I would not think that there would be a conflict anyway. Nice of you to offer to change yours in any case.

[flylo]

I'd call it "Sharpest knife in the drawer" or "Sharpest Image" Just an idea. When I think of knives I think sharp.

[Arcane]

Was there any discussion as to who had the name the longest? I did a name search when I named my business- if you happened to have had the name longer I would think you would have had the rights to it, although given the two different (apples and oranges) usages of the same name I would not think that there would be a conflict anyway. Nice of you to offer to change yours in any case.

Very true. From http://www.chillingeffects.org/dmca5...oticeID=564676

"Trademark owners do not acquire the exclusive ownership of words. They only obtain the right to use the mark in commerce and to prevent competitors in the same line of goods or services from using a confusingly similar mark. The same word can therefore be trademarked by different producers to label different kinds of goods. Examples are Delta Airlines and Delta Faucets."

"Non-competing or Non-confusing Use
Trademark rights only protect the particular type of goods and services that the mark owner is selling under the trademark. Some rights to expansion into related product lines have been recognized, but generally, if you are selling goods or services that do not remotely compete with those of the mark owner, this is generally strong evidence that consumers would not be confused and that no infringement exists. This defense may not exist if the mark is a famous one, however. In dilution cases, confusion is not the standard, so use on any type of good or service might cause infringement by dilution of a famous mark."

[Grind Hard]

Was there any discussion as to who had the name the longest? I did a name search when I named my business- if you happened to have had the name longer I would think you would have had the rights to it, although given the two different (apples and oranges) usages of the same name I would not think that there would be a conflict anyway. Nice of you to offer to change yours in any case.

The two fellows came to me, stated their case in my "office." They were very nice and polite and asked if I would be willing to change my name. I asked if I could use the name seeming that I sell a product and they make music... they said they didn't want to associate with a brand of knives and if they got in trouble someway somehow it might affect my "image" as well.

So, I agreed not to advertise under the name GB and change my internet names.

Not a big deal to me, and besides they were polite and made a compelling case. No threats, no lawyers, just please-and-thank-you.

I wish ALL of business was that easy.

[lynnl]

"Trademark owners do not acquire the exclusive ownership of words. They only obtain the right to use the mark in commerce and to prevent competitors in the same line of goods or services from using a confusingly similar mark. The same word can therefore be trademarked by different producers to label different kinds of goods. Examples are Delta Airlines and Delta Faucets."

"Non-competing or Non-confusing Use
Trademark rights only protect the particular type of goods and services that the mark owner is selling under the trademark. Some rights to expansion into related product lines have been recognized, but generally, if you are selling goods or services that do not remotely compete with those of the mark owner, this is generally strong evidence that consumers would not be confused and that no infringement exists. This defense may not exist if the mark is a famous one, however. In dilution cases, confusion is not the standard, so use on any type of good or service might cause infringement by dilution of a famous mark."

I think it largely depends on who can,or is willing, to pay for the lawyers.

I remember a case years ago, of a lady who owned a small, local flower shop, and was forced by Anheuser Busch to stop using the line "This bud's for you!" along with a picture of an extended hand holding a rose bud. I though it was a silly case of overkill (bullying actually) of Anheuser Busch.

But what I got from Grind Hard's comments was that the issue was the coarse nature of the name "bastard," rather than an infringement.

[customcutter]

GH

Most knifemakers that I know use their name and location etched into the blade. I simply chose customcutter as a nickname for the internet, it is/was never used on my knives.

Ken

[randyjaco]

I have no legal training but you might give this a thought. About 25 years ago a friend of mine owned a hamburger joint in Memphis. He called it Studebakers. A couple of years later, some lawyers approached him. It seems a new chain named Studebakers wanted to start a restaurant in Memphis. Apparently they couldn't legally force him to change his name and two restaurants of the same name might cause branding problems for the larger company. The larger company paid him a sizable chunk of dough to change his restaurant's name. If you haven't already, trademark that name. If you own the Trademark, they might have to offer you a similar financial incentive to change your name. Within reason, it ought to be you choice what you name your business.

Randy

[Fasttrack]

Not a big deal to me, and besides they were polite and made a compelling case. No threats, no lawyers, just please-and-thank-you.

I wish ALL of business was that easy.

Agreed! Good for you. I hate to see you have to give up your name, but I'm glad both parties were able to come to a gentlemanly agreement.

[michigan doug]

It's also often overlooked that, if you really do hold the copyright, you must defend the copyright every time you see a violation. If you don't, you functionally lose the copyright. Sort of like squatter's rights.

Does that make me a big fan of Budweiser bullying little old ladies running little old flower shops? No it does not. But I understand why they do it.

Finest regards,

doug

[darryl]

So- this band named themselves Grind Bastard? I had to chuckle when I read the part about 'image'. We all know you're an old grind bastard since you've said so with that name. I suppose the band wanted to create an image of themselves as bastards. Bastards who grind. I guess it's a hip movement- and there they go, ripping off ol Elvis himsef.

I'm not surprised, just mildly amused. That's pretty tame when you compare it to the Lick Dickers (hmm, I wonder what image that was designed to evoke) or the Motherph------. There are some pretty strange names out there for bands- no doubt all designed to say something about the members- ha ha. Some peculiar name choices for businesses as well-

[Machtool]

Seems they didn’t have any objection, to ripping the name off from somebody else.

If the band’s name—which was taken from Benediction’s album of the same name—didn’t tip you off, their riffs surely will

That quote was from their very own MySpace blog. So its O.K for them to rip it off, but when you have come up with it via original thinking, and relevance to your work, that's not O.K. The worlds ****ed I tell you.

http://www.myspace.com/grindbastard/blog

Google tells me that was originally a song & album title by a band called Benediction, which predates them.

http://en.wikipedia.org/wiki/Grind_Bastard

Phil.