The Entrepreneur Forum | Financial Freedom | Starting a Business | Motivation | Money | Success

Welcome to the only entrepreneur forum dedicated to building life-changing wealth.

Build a Fastlane business. Earn real financial freedom. Join free.

Join over 80,000 entrepreneurs who have rejected the paradigm of mediocrity and said "NO!" to underpaid jobs, ascetic frugality, and suffocating savings rituals— learn how to build a Fastlane business that pays both freedom and lifestyle affluence.

Free registration at the forum removes this block.

Can someone help me with the trademark dispute

go giver

Contributor
User Power
Value/Post Ratio
52%
May 18, 2018
56
29
Quick story
My family have started a shop near our house we focus mainly on quality and organic products. inorder to brand it I have created a logo named organo and we have created banners with our logo.

but recently I have got a call from
company saying that they have registered and trademarked the name organo for there products for like 7years(but still they have a tm not the r sign.they are into selling organic honey and other stuff we are a different category.
i don't know what to do
Should i change the name?
Down to suggestions
 
Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

Kak

Legendary Contributor
FASTLANE INSIDER
EPIC CONTRIBUTOR
Read Rat-Race Escape!
Read Fastlane!
Read Unscripted!
Summit Attendee
Speedway Pass
User Power
Value/Post Ratio
493%
Jan 23, 2011
9,678
47,666
34
Texas
I would do one of two things...

1. (What most people would do) Consult a lawyer.
Or
2. (What I would do) Ask them what it would take for them to be comfortable with your use of the word so that you can continue to use it. Just make it clear there is no confusion intended and that you are sorry for causing alarm. Ask what about it they feel infringed and see if you can come to a mutually acceptable solution without lawyers.

Chances are good you can come to something with an open dialogue.
 

Tourmaline

Gold Contributor
Read Fastlane!
Read Unscripted!
Summit Attendee
Speedway Pass
User Power
Value/Post Ratio
120%
Jun 4, 2019
898
1,082
Texas

Would be nice if they come to an agreement as @Kak suggests! Goodluck to you.
 

go giver

Contributor
User Power
Value/Post Ratio
52%
May 18, 2018
56
29
I would do one of two things...

1. (What most people would do) Consult a lawyer.
Or
2. (What I would do) Ask them what it would take for them to be comfortable with your use of the word so that you can continue to use it. Just make it clear there is no confusion intended and that you are sorry for causing alarm. Ask what about it they feel infringed and see if you can come to a mutually acceptable solution without lawyers.

Chances are good you can come to something with an open dialogue.
They've asked me to remove the banners with the logo asap or they will go forward legally.
 
Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

Lucky Lu

Bronze Contributor
Read Fastlane!
Read Unscripted!
Speedway Pass
User Power
Value/Post Ratio
99%
Nov 2, 2019
247
244
Newport Beach, California
They've asked me to remove the banners with the logo asap or they will go forward legally.
The document that you've received should be a "cease and desist". If that is the case your better option is to consult an attorney, not only to try to negotiate if you want but to be sure you won't be liable even when you stop using the name. If you are right and they are not in the same category as your business you can have a chance on the name. Again, at this point it would be safer to get a little assitance.
 

KeenanM

New Contributor
User Power
Value/Post Ratio
22%
Aug 10, 2019
9
2
Your next step is to consult an attorney if you’ve received a C&D. Nothing anyone here can help you with.
 

MichaelCash

Contributor
User Power
Value/Post Ratio
34%
Apr 7, 2013
109
37
48
New York
Maybe you can add one more word to you brand, e.g. Organo Pittsburgh (whatever your city/town is) or Organo Groceries?
This is a tricky situation. You should definitely ask a lawyer
 
Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

Kruiser

Silver Contributor
Read Fastlane!
Read Unscripted!
Summit Attendee
Speedway Pass
User Power
Value/Post Ratio
318%
Aug 22, 2017
280
891
Arizona
inorder to brand it I have created a logo named organo and we have created banners with our logo.

How deeply are you invested in the ORGANO mark? If you just came up with it, it might be easier to just start again than waste much time on it.

But a phone call can't hurt, as @Kak suggested. Don't commit to anything, but just get a sense of what they are about.

How big are they? Do they have deep pockets? What is their litigation history?

Lots of cease and desists originate from 1) a mark owner getting unreasonably upset 2) consulting a lawyer to "just write a letter, that's all I want" 3) lawyer writes a ridiculous and bombastic letter assuming it will scare non-lawyers.

Most people just get scared and cave. But, don't forget, the other side as to pay attorneys' fees too and litigation isn't cheap. They probably just want to spend $500 on the cease and desist and hope you give up.

So, a phone call can't hurt. But if you just came up with the mark and aren't heavily invested in it, it is probably a lot easier to just move on.

Would your customers be confused and care much if you used a different mark next week?
 

go giver

Contributor
User Power
Value/Post Ratio
52%
May 18, 2018
56
29
I would do one of two things...

1. (What most people would do) Consult a lawyer.
Or
2. (What I would do) Ask them what it would take for them to be comfortable with your use of the word so that you can continue to use it. Just make it clear there is no confusion intended and that you are sorry for causing alarm. Ask what about it they feel infringed and see if you can come to a mutually acceptable solution without lawyers.

Chances are good you can come to something with an open dialogue.
Thanks for the idea . I have given him a call but it does not went smoothly he says that he had fought two dispute for the name organo so he his not willing to do any compromise.
 

go giver

Contributor
User Power
Value/Post Ratio
52%
May 18, 2018
56
29
Maybe you can add one more word to you brand, e.g. Organo Pittsburgh (whatever your city/town is) or Organo Groceries?
This is a tricky situation. You should definitely ask a lawyer
What about organos with a tagline "grown from nature".
 
Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

Kak

Legendary Contributor
FASTLANE INSIDER
EPIC CONTRIBUTOR
Read Rat-Race Escape!
Read Fastlane!
Read Unscripted!
Summit Attendee
Speedway Pass
User Power
Value/Post Ratio
493%
Jan 23, 2011
9,678
47,666
34
Texas
Thanks for the idea . I have given him a call but it does not went smoothly he says that he had fought two dispute for the name organo so he his not willing to do any compromise.

Hey, sometimes things like that work and other times they don't. At least you got to the bottom of this quickly. Which is another thing I like to do.

Good luck with what you choose to do.

Also, in business, competency is everything... I am going to make a suggestion, not to be a dick, but to help you. Work on your grammar. It is horrendous.
 
Last edited:

Entre Eyes

Bronze Contributor
Read Fastlane!
Read Unscripted!
Speedway Pass
User Power
Value/Post Ratio
97%
Sep 7, 2019
389
378
Traveling to Higher Conciousness
I have a simple formula I use for personal and business...treat others as you wish to be treated. There are a ton of alternative just as catchy and short names to use and I will volunteer to send you over a few if you like my friend.
 

go giver

Contributor
User Power
Value/Post Ratio
52%
May 18, 2018
56
29
Hey, sometimes things like that work and other times they don't. At least you got to the bottom of this quickly. Which is another thing I like to do.
End of dispute changed the name to organos.
 
Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

go giver

Contributor
User Power
Value/Post Ratio
52%
May 18, 2018
56
29
I am going to make a suggestion, not to be a dick, but to help you. Work on your grammar. It is horrendous.
I am from India and English is not my mother tongue.
Pardon on my english
 

Kak

Legendary Contributor
FASTLANE INSIDER
EPIC CONTRIBUTOR
Read Rat-Race Escape!
Read Fastlane!
Read Unscripted!
Summit Attendee
Speedway Pass
User Power
Value/Post Ratio
493%
Jan 23, 2011
9,678
47,666
34
Texas
I am from India and English is not my mother tongue.
Pardon on my english

Interesting. So this person with a trademark claim is also from India? Or are they from Europe or the US?

I have never dealt with an international IP dispute before. That is interesting and pertaining information.
 

Kruiser

Silver Contributor
Read Fastlane!
Read Unscripted!
Summit Attendee
Speedway Pass
User Power
Value/Post Ratio
318%
Aug 22, 2017
280
891
Arizona
End of dispute changed the name to organos.

Are you in the U.S. dealing with a U.S. company and a U.S. trademark?

If so, changing from ORGANO to ORGANOS probably isn't going to do anything for you (unless the mark owner is going to be satisfied, which I'm guessing he won't be based on your description of the conversation). The standard is (more or less) "likelihood of confusion," not "exact character for character matching."
 
Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

go giver

Contributor
User Power
Value/Post Ratio
52%
May 18, 2018
56
29
Are you in the U.S. dealing with a U.S. company and a U.S. trademark?
Sorry,I should've mentioned this earlier.I am from India dealing with an Indian company on trademark dispute
 

biophase

Legendary Contributor
FASTLANE INSIDER
EPIC CONTRIBUTOR
Read Unscripted!
Summit Attendee
Speedway Pass
User Power
Value/Post Ratio
474%
Jul 25, 2007
9,121
43,261
Scottsdale, AZ
Did they tell you that they are ok with Organos?
 

Lucky Lu

Bronze Contributor
Read Fastlane!
Read Unscripted!
Speedway Pass
User Power
Value/Post Ratio
99%
Nov 2, 2019
247
244
Newport Beach, California
Yep they said they are ok with it.
As an evidence have recorded the voice conversation with him .so I hope there will be no more issues with the brand name.

Congratulations. Would be great if you can have that in writing (just one major step into proving a potential case without much hassle), at least a simple wording stating that.
Again, I´m glad you were able to resolve it.
 

go giver

Contributor
User Power
Value/Post Ratio
52%
May 18, 2018
56
29
Congratulations. Would be great if you can have that in writing (just one major step into proving a potential case without much hassle), at least a simple wording stating that.
Again, I´m glad you were able to resolve it.
That might not be easy because he is abroad.i hope the voice call is enough of an evidence to prove my clean hands
 

Lucky Lu

Bronze Contributor
Read Fastlane!
Read Unscripted!
Speedway Pass
User Power
Value/Post Ratio
99%
Nov 2, 2019
247
244
Newport Beach, California
That might not be easy because he is abroad.i hope the voice call is enough of an evidence to prove my clean hands
Is there any chance that you send him something and he signs it from overseas and send it back via email? Or at least express his agreement on an email?

Did you disclose to him that you were recording the conversation? In many jurisdictions non disclosing that makes the recording inadmissible.
 
Dislike ads? Remove them and support the forum: Subscribe to Fastlane Insiders.

Post New Topic

Please SEARCH before posting.
Please select the BEST category.

Post new topic

Guest post submissions offered HERE.

Latest Posts

New Topics

Fastlane Insiders

View the forum AD FREE.
Private, unindexed content
Detailed process/execution threads
Ideas needing execution, more!

Join Fastlane Insiders.

Top