Might shut down Kryptoglow

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pbcg, read the post by 357survival just before yours. The other guy has a different name already, kryptaglow vs. kryptoglow. Case closed. Our guy is free and clear, no conflict legally exists.
 
Wow! I didn't realize how many people were willing to offer advice and well wishes/prayers. I truly appreciate the compliments, concern and good advice. Trust me fellas, I don't give up easily especially when threatened by someone like this guy.
As mentioned, I tried to speak with him about the situation to no avail. He just kept talking over me and slinging insults. I might still try and win this case because I have a good bit of time and effort invested in the name and business.
The atty I spoke to said I would need to;
1) send a letter to the trademark office asking for a continuance of the investigation explaining my delay in response to the case. He said my family health situation should be more than enough of a "good excuse".
2) send a request for dismissing the case due to improper forms/steps taken in starting the dispute by the plaintiff.

He quoted me 1200.00 to do this and asked for power of attorney. He said the guy might give up when put on the defense and facing more atty fees... I don't know, I guess it's a 50/50 situation. I think the fee is pretty high to answer an internet atty's threat of a suit but maybe it's a deal?

I'll update with any info regarding this situation.

Thanks again all
Dan @ Kryptoglow:)
 
Kryptoglow said:
Wow! I didn't realize how many people were willing to offer advice and well wishes/prayers. I truly appreciate the compliments, concern and good advice. Trust me fellas, I don't give up easily especially when threatened by someone like this guy.
As mentioned, I tried to speak with him about the situation to no avail. He just kept talking over me and slinging insults. I might still try and win this case because I have a good bit of time and effort invested in the name and business.
The atty I spoke to said I would need to;
1) send a letter to the trademark office asking for a continuance of the investigation explaining my delay in response to the case. He said my family health situation should be more than enough of a "good excuse".
2) send a request for dismissing the case due to improper forms/steps taken in starting the dispute by the plaintiff.

He quoted me 1200.00 to do this and asked for power of attorney. He said the guy might give up when put on the defense and facing more atty fees... I don't know, I guess it's a 50/50 situation. I think the fee is pretty high to answer an internet atty's threat of a suit but maybe it's a deal?

I'll update with any info regarding this situation.

Thanks again all
Dan @ Kryptoglow:)
Click to expand...

Just *threaten to* sue his ass for defamation and legal fees. Trust me, thats the ultimate litmus test. He likely won't want to pay fees and face the possibility of further financial loss.
 
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The advice you say you received from an attorney makes no sense given what you have posted. What "investigation"? What "case"? A threatening letter is not a "complaint" in court and does not create a "case" in court. Did the lawyer listen to what you told him about the facts?

And why a power of attorney? I never heard of such a request. You are perfectly capable of signing what needs to be signed without giving up the power of your signature to someone else.

Trademarks are to protect the consumer by hopefully preventing confusion about the source or origin of particular goods in the market place.

In determining if there has been an infringement, courts consider factors such as:

1. Strength of the mark (length of time used and level of awareness in the market)
2. Likeness of the goods
3. Similarity of the marks
4. Evidence of actual confusion on the part of customers
5. Marketing channels used by each party. Are the competing goods distributed in the same marketing channels. (e.g. eBay)
6. Type of goods and the degree of care likely to be exercised by the purchaser to distinguish between sources.
7. Defendant's intent in selecting the mark (If you had zero knowledge of the other product and mark, you had zero intent to infringe.)
8. Likelihood of expansion of the product lines[5]. Will the difference in products disappear as other products are developed?

Where the products are different and the brands are not "strong" (e.g. "Sony" or "Nike"), there is not much case for infringement even IF he had a valid mark, which he apparently does not.

Where the names are "confusingly similar," that is the same as identical spelling.

Lawyers who try to steamroller with aggression are antisocial (or worse) or have no case. That does not mean they cannot make trouble in their effort to get their client to pony up $$$.

The "countersuit" is an urban legend in most cases. Suing someone for "defamation" because you disagree with what they (or their lawyer) says to you is, however, a good way to end up paying the other side's legal fees. (Defamation is not about what they communicate to you. it's about what they publicize about you to others that causes you injury.)

Trademark cases in the U.S. are brought in federal court.

Intellectual property litigation is a specialty. Most lawyers are incompetent to handle such cases and are ethically bound by discplinary rules to direct you to a competent lawyer.
 
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Kryptoglow said:
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....

What say you guys regarding this issue?
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You're right. This is difficult. Because he did and is doing the same thing you did for ten+ years: Website, product, cards, reputation, the whole nine yards.

I'm flummoxed that his thriving company which is STILL going strong and has been for 11 years wasn't picked up by you or the 'US Trademark Office'? Do a search of 'Kryptaglow' and he's all over the web with tons of suppliers. No wonder he's mad. Truth is, I'd be too.

His biggest failure was his allowance of his trademark lapse? I'm confused about this and think if this period is why they allowed your 'new' name, they led you into the timing of a perfect storm of legalities.

One letter off appears insignificant, but in the world of trademarks you know that's a big deal. Try registering 'Fasebook' and see. LOL!

I don't wish you bad. This sucks. But it sucks for both of you now.

Worst case scenario: Would you be better off spending your monies fighting this or restructuring a new name instead. That ought to be a question for him as well.

Or both names can live peaceably. You tried to offer that. His reaction = NFG.

Sorry man. I wish you better. You have tough decisions to make, and you're caught in a trap. I'm staying posted.

With any luck spending nothing is the best case scenario.

Coop
 
Thomas Linton said:
The advice you say you received from an attorney makes no sense given what you have posted. What "investigation"? What "case"? A threatening letter is no a "complaint" in court and does not create a "case" in court. Did the lawyer listen to what you told him about the facts?

And why a power of attorney? I never heard of such a request. You are perfectly capable of signing what needs to be signed without giving up the power of your signature to someone else.

Trademarks are to protect the consumer by hopefully preventing confusion about the source or origin of particular goods in the market place.

In determining if there has been an infringement, courts consider factors such as:

1. Strength of the mark (length of time used and level of awareness in the market)
2. Likeness of the goods
3. Similarity of the marks
4. Evidence of actual confusion on the part of customers
5. Marketing channels used by each party. Are the competing goods distributed in the same marketing channels. (e.g. eBay)
6. Type of goods and the degree of care likely to be exercised by the purchaser to distinguish between sources.
7. Defendant's intent in selecting the mark (If you had zero knowledge of the other product and mark, you had zero intent to infringe.)
8. Likelihood of expansion of the product lines[5]. Will the difference in products disappear as other products are developed?

Where the products are different and the brands are not "strong" (e.g. "Sony" or "Nike"), there is not much case for infringement even IF he had a valid mark, which he apparently does not.

Where the names are "confusingly similar," that is the same as identical spelling.

Lawyers who try to steamroller with aggression are antisocial (or worse) or have no case. That does not mean they cannot make trouble in their effort to get their client to pony up $$$.

The "countersuit" is an urban legend in most cases. Suing someone for "defamation" because you disagree with what they (or their lawyer) says to you is, however, a good way to end up paying the other side's legal fees. (Defamation is not about what they communicate to you. it's about what they publicize about you to others that causes you injury.)

Trademark cases in the U.S. are brought in federal court.

Intellectual property litigation is a specialty. Most lawyers are incompetent to handle such cases and are ethically bound by discplinary rules to direct you to a competent lawyer.
Click to expand...

This is actually right.

I should really amend my post with "threaten to sue his ass for..." The idea is to scare him and not to actually file.
 
SharpByCoop said:
You're right. This is difficult. Because he did and is doing the same thing you did for ten+ years: Website, product, cards, reputation, the whole nine yards.

Coop
Click to expand...

So the other company makes the same products? That was not my understanding. The only feature shared is "glow."
 
Thomas: No, hardly the same products. I was referring to the work Dan did in creating his business. They both worked hard at that aspect.
 
Dan, sorry to hear all this happening at the same time. When you came out & met with me, that meant a lot to me! You need to contact Russell Becker. It's a $60ish dollar consultation fee, but his office is up by the courthouse & he's got balls of steel. (828)-438-8418. I haven't had the need for an atty for a few years, but I'm pretty sure he's still practicing.
 
tanto4me said:
call nc attorney generals office, we have certain "right to work " laws in NC that protect us. See your Dr. document the effects,of anxiety, stress, loss of sleep etc. marital stress. Do not reply to other guy period, let the NC Attorney general office, who already has thousands of complaints against Ebay, be your advise until they tell you otherwise. Copy all post on this site for hard copy. Stop worrying and make product, sell all you can. If the NCAGO says you are wrong, change name from KRY to CRI, your business will still pull up under and google search. Not sure where you are in nc, but I am in the 704 near Lake Norman, we have killer attorneys here and hickory area. When and if the NCAGO says stop, post again, I'll paypal $100 to help change name to CRI........... good luck God bless mom and Dad
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:rolleyes: Nothing to do with "right to work," eBay, your upset, or the AG. Nor will the AG give you legal advice.

Also nothing to do with "balls," steel or otherwise.
 
Alright, before this turns into a fundraiser, let's get a grip on the situation. This isn't a fundraiser forum, nor thread. What it is, is a discussion of a potential legal issue. The OP has his hands full and asked for thoughts, not legal advice per se, not how to join a union, and certainly not for donations. Let's all take a step back and refocus on the issue at hand.

Dan, you are getting strong armed/bullied by someone with a similar business name. That is what I gathered from your original post. You have recourses, some that don't require you to spend over $1K. Do some research on the situation, get your paperwork in order, and don't communicate directly with the other person as they might be able to use that against you in some way.
 
RevDevil said:
Alright, before this turns into a fundraiser, let's get a grip on the situation. This isn't a fundraiser forum, nor thread. What it is, is a discussion of a potential legal issue. The OP has his hands full and asked for thoughts, not legal advice per se, not how to join a union, and certainly not for donations. Let's all take a step back and refocus on the issue at hand.

Dan, you are getting strong armed/bullied by someone with a similar business name. That is what I gathered from your original post. You have recourses, some that don't require you to spend over $1K. Do some research on the situation, get your paperwork in order, and don't communicate directly with the other person as they might be able to use that against you in some way.
Click to expand...

I completely agree with this. I think Krypto should take the advice as it comes but, possibly with the best of intentions, folks should really not take shots at one another.
 
I'm not a lawyer but one thing confuses me: his TM lapsed, allowing yours to be created legally. How then could he resurrect his TM with yours on the books? Seems like the TM people shouldn't have allowed that.

His listed address is not far from me. I'm at the other end of Dale Mabry, up in Lutz.
 
Thanks again to all for the time spent to figure out (my) problems. I appreciate the willingness of some to offer contributions to my cause but I think I'm going to change my website domain name, ebay/facebook name, new business cards and such. I really don't have the time or money to fight this guy in court.

As mentioned earlier, my wife has been interested in doing a home business. We have discussed selling glow products in a larger realm including the auto industry, home items, safety items, military/police/FD... I also have friends who are constantly giving me good ideas for GITD products. Many of the products I would offer would be be re-box and ship type items allowing me more freedom to assist my parents. Having a larger variety of items would only give me more trouble with this fella so I'll be thinking of a new and available name.

After I decide on a name I'll let everyone know.

Thanks again for the support and prayers regarding my many situations,

Dan @ ?
 
Kryptoglow said:
Thanks again to all for the time spent to figure out (my) problems. I appreciate the willingness of some to offer contributions to my cause but I think I'm going to change my website domain name, ebay/facebook name, new business cards and such. I really don't have the time or money to fight this guy in court.

As mentioned earlier, my wife has been interested in doing a home business. We have discussed selling glow products in a larger realm including the auto industry, home items, safety items, military/police/FD... I also have friends who are constantly giving me good ideas for GITD products. Many of the products I would offer would be be re-box and ship type items allowing me more freedom to assist my parents. Having a larger variety of items would only give me more trouble with this fella so I'll be thinking of a new and available name.

After I decide on a name I'll let everyone know.

Thanks again for the support and prayers regarding my many situations,

Dan @ ?
Click to expand...
If the one that you spoke to doesn't have one, you should consult an attorney with a strong background in trademark law. I'm not one but I very highly doubt this guy has anything but a frivolous claim. A does not equal O, after all, just like glow isn't the same as grow and krypto isn't the same as crypto. The owner of that company is a litigious dick imo, and, while not being in your shoes obviously, I think that you should call him on it instead of allowing him to bully and harass you into changing something that you are surely well within your rights to use.
 
Honestly Dan,

You have done your due diligence and are legally in the right.
If it were me I'd call his bluff and go about my business with the name you paid for.
If he is really serious, then he'll proceed to litigate. Then you can countersue him for the trouble and legal costs of frivolous litigation.
Chances are he's hoping to get you to do just what you're doing with minimal legal effort on his part. Once you call his bluff and he has to pony up the funds to litigate, he'll likely go away mad.
 
Sounds to me like the guy is just mad that you have the cooler name. Kryptoglow is a lot better sounding than Kryptaglow!!!
 
So, should we be coming up with potential names?

QuantoGlow (inspired by the energy state in quantum mechanics that allows that kind of phosphorescence)
KryoGlow (Similar to the old name, but different, and could refer to the cooler (in visual "temperature") light that the materials give off)
PhosphoraWorx
Quantum Yield
Photonetika
 
I know you say you dont have the time or money to fight him in court but..........starting up anew is gonna cost you lots of time and money and probably cost you some business.

Personally i wouldnt really react to him, you have a legally trademarked name and the fact that he's trying to buffalo you makes it sound like he is bluffing.

Let him fight you and spend his money instead of just giving up, you have a business that you worked hard for and built up. There is no reason to give the playground bully your lunch money/what he wants, fight back.
 
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