Might shut down Kryptoglow

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Kryptoglow

Kryptoglow

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Belated Merry Christmas to all.

Well I have some news for everyone. I received a letter VIA an attorney recently that states for me to cease and desist from using the name "Kryptoglow". There is a company called kryptaglow that is making the complaint. His company sells glow products like glow dog leashes, tape, walkway marker, paint and such.
After receiving the letter I tried to work out the issue with him by calling him. I told him who I was and that I was only a maker of knife/gun handles. I also told him I'd be glad to ad a link to my site referring people to him. He would not let me talk. He just threw insults and was nothing but controversial.

When I started my company I paid the 400.00 to the us trademark office and they conducted an investigation into the use of Kryptoglow. After about 10 months I got a trademark and full rights to do business under that name. I set up a website, made business cards, opened a facebook account, had stencils made for etching blades for knives and pushed the name here and everywhere for a couple of years.
This fella who has made the complaint did own the trademark kryptaglow starting in 2003 but in 2012 he let it lapse. I guess that's why the trademark kryptoglow was given to me....

I spoke to an attorney and I was informed that even his complaint has been filed incorrectly and my atty could easily have it dismissed. My atty says that would be the first step and after that it could take numerous actions depending upon how far the other guy wants to take it. My first charge would be 1100.00 to try and answer the complaint and save my name. It's hard to believe I had to pay the trademark office to do a check on my business name and now I have to pay an atty to see if I can keep it.

OK; I have slowed down to a crawl in my business due to my parents needing my help as they deal with Alzheimer's. I have been considering closing the glow scale end of the business due to that. I thought I might just focus on the "Hybrid knife" end of my business. Although, this guy is a real jerk and I'd love to fight him over this issue I'm thinking "what would I really win?" I guess I would win a business I'm not sure I can do any more....


I appreciate all the business/support from many friends I've made here.What say you guys regarding this issue?

I will most likely be shutting down my website, ebay account, facebook, gmail and such. I'll update with what I may call my knives if I go forward with them. Let me know if there is any interest in the KG Rebuke, Hybrid 7 or 10" knives and that will help me make a decision.

Thanks, Dan
 
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That really stinks, Dan. Sorry to hear it. I love the set of Kryptoglow scales I have. Maybe just change the name of the company?
 
Have your attorney send him a letter explaining how easy it would be to rake him over the coals, yadda yadda yadda and then maybe a day or two latter offer to sell him the name back. :D
 
I'd have a hard time giving up especially when your in the right. It really depends on how badly you want to keep your company name. You could always countersue for lawyer fees after you win.
 
First, I am sorry to hear about your parents. I too went through a moderate lengthy illness with my mother. It was the most difficult time in my life. The hardest thing for me was to come to the realization that I could not fix it. Nor could anyone else.

Sorry to hear about your business. You have a legal name recognized by the U.S. government. I would simply have my atty. send this jerk a letter stating this for a couple of hundred dollars, stating that if they have any problems to contact the U.S. trademark office. Put the ball in his court and let him spend the thousands of dollars. I would not change a thing if I were you. If he takes you to court and you do not want to spend thousands to defend it, simply take your paperwork to court and show it to the judge and explain how you cannot afford the thousands of dollars required to defend this. The judge will likely through it out of court. If he rules against you, you can shut your business down. Making that jerk spend the money would be my tactic.

I know that you do not want to spend thousands to defend something that you may not be able to keep up with for now any way. So I wouldn't. Simply inform him that you are operating legally under this name, and you will continue to do so.

Note: I am not an attorney, I am only telling you how I would personally handle the same situation if I were in your shoes. Good luck.
 
I'm sorry to hear that Dan, I wish you the best with whatever you decide to do. :)

Cheers,
Kirby
 
Family comes first, but don't completely ignore your own future. Don't give up on something that may end up being your bread and butter down the road. Knives are getting bigger and bigger, customizers are swamped and are dropping left and right.

I guess what I'm saying is that the market is there and you're a known and respected name. That's not an easy status to obtain. Don't let some aggressively unpleasant person move you out of a growing market.
 
Dan as an owner of one of your scales I would be completely bummed if I could not get another. Regardless of your choice I support you. I understand Alzheimers, as my grandfather battled with it for over a decade. It is a very tough disease, but over those ten plus years I learned to cherish the little things her shared.
 
Dan I wish you and your family all the best. I have purchased a few of your scales and I know how high your quality level is and it will be a true sham to lose you to something as dumb as that guy fighting your name. I can understand your position in that it may not be worth the hassle if you are not able to maintain the business with your parents needing your help through these extremely tough times. My grandmother went through the same thing and cannot recognize her own daughter anymore, it definitely weighs heavily on ones self in that situation.

I really hope it all works out for you in the end.
 
A letter from his lawyer telling you to stop, has no weight behind it at all. Until you get an order from a judge telling you to stop, he's bluffing.
 
I'm just going to leave this here...


WkhT58s.jpg
 
Keep the name and fight it! Also let this be a lesson to not let your patent lapse. Id definitely donate some money to your legal fund just so that in hopes that one day I could obtain a set or two of your scales and see the guy in the right win!
 
I wouldn't close down. Nothing on your end is binding and as you said, you're in the right.

Imo, respond with a letter from your attorney and just wait to out. I imagine he just quits at that point.
 
It would have been a lot simpler in the old days...
Sorry for your multiple problems...
The advice given above seems to have some real gems in it.
Don
 
I love yoir wife's idea the best...

I wouldn't quit, do what everyone else here has said. I wonder if this guy has posted anywhere on any forums he's on about the situation. Do you know much about his business/location/retail store/anything?

One other thing, not that your any way in the wrong, but if this does ecsalate any it'd be in your best interest to edit the content of your post (especially the line about what your wife said) out, a jerk lawyer could use it to show ill intent on your part.

Also one guy said it and I'm sure there's others here who would be more than happy to fund raise for your legal defense if it does go farther. Your influential around here and theres lots of people who wouldnt want to see you go. I'm in no position to assist financially but if you make a Facebook post/page/anything about it I'd be happy to add a link to my page, as would my wife who has hundreds of friends & folowers.

Good luck my friend, I hope you'll fight this but if you need to give up to support your parents in their time or need I understand.

Best wishes to you and yours
-dan
 
If he let his trademark lapse, I don't see how he can demand anything.

I'm no lawyer, but it seems as though you could make things difficult for him since you now own the name.
 
A letter from his attorney has no weight. My guess is he is bluffing. If the name is legally yours, then counter sue him for court costs and attorney fees for frivolous litigation.
 
Comeuppance said:
Family comes first, but don't completely ignore your own future. Don't give up on something that may end up being your bread and butter down the road. Knives are getting bigger and bigger, customizers are swamped and are dropping left and right.

I guess what I'm saying is that the market is there and you're a known and respected name. That's not an easy status to obtain. Don't let some aggressively unpleasant person move you out of a growing market.
Click to expand...

I agree with this... Family first, but you have a name and are well respected. Don't throw that away. You did everything right by the sounds of it.

I know there are a few lawyers that are members here, how about a little "pro bono" work to help a bother out?
 
Have you checked out the other guys web page? He seems to have added a nasty disclaimer to the bottom of his page referencing your situation. What a low life.
 
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