Why is Jimmy trying to hurt the little men?

CousinInCali · Post by **CousinInCali** » April 9, 2004 3:36 pm

AlbatrossFlyer wrote:
SchoolGirlHeart wrote:I'm not totally up on this (Lee, AF, where are you??), but if you have a trademark, and you don't "vigorously defend" it, you could lose it. I might not be right on the money, here, but I think I'm in the ballpark.

So, while Jimmy may not WANT to hurt the little guy, he has to defend "Margaritaville," "Cheeseburger in Paradise," etc, or risk losing them.
correct. it is not a question of what he wants to do, but what he is required to do under the law.

the law requires you to vigorously defend your trademark, servicemark, or patent. if you fail to do so, your right to the TM, SM, or patent can be challenged. this requirement translates into, if you know of anyone violating your TM and you do not go after them for infringing on it, you are subject to losing it. the law does not distinguish between "big" and "little" infringers. therefore if the lawyers do not pursue ALL infringers, a large corporation with good intellectual property lawyers could challenge your trademark and essentially steal it away because you failed to defend your TM against small time infringers.

imagine unlicensed Disney owned Margaritaville restaurants in their theme parks or Barcardi Margaritaville rum and the confusion it would generate.

for the record my company name and logo are registered & protected under servicemarks #75-126,613 & 75-126,614, so i know how this game is played.

This is correct. As was explained to me by Disney (after they shut down a kid's lemonaide stand) they have to go after EVERYONE. If not, the next person can say they are being picked on unfairly. If they let one person slide, they open the gates for everyone. The example they pointed out to me was Calvin and Hobbes. The owner didn't go after the guys that started making the window stickers for the car windows. Now almost everyone could get away with making whatever they want.

the happy idiot · Post by **the happy idiot** » April 9, 2004 6:50 pm

One must understand that if you let one person do this you would have to let everybody do this. You have no idea how much money people like Jimmy need to spend each year just to protect what they have built. Yes he has plenty of money and I'd ask you why does he have all this money? He built an empire in the greatest country on earth. Hard work can make dreams happen.

I'm with Jimmy on this one.

Post by **SMLCHNG** » April 9, 2004 6:55 pm

Maybe he just doesn't like short guys?

Red Parrot · Post by **Red Parrot** » April 12, 2004 8:53 pm

I now understand. I stand corrected.

Key Lime Lee · Post by **Key Lime Lee** » April 12, 2004 10:30 pm

It's just business.

phjrsaunt · Post by **phjrsaunt** » April 12, 2004 10:31 pm

Key Lime Lee wrote:It's just business.

Is THAT the best you can do?????????

Key Lime Lee · Post by **Key Lime Lee** » April 12, 2004 10:31 pm

phjrsaunt wrote:
Key Lime Lee wrote:It's just business.
Is THAT the best you can do?????????

I don't want cubbie to frown at me anymore.

phjrsaunt · Post by **phjrsaunt** » April 12, 2004 10:32 pm

Key Lime Lee wrote:
phjrsaunt wrote:
Key Lime Lee wrote:It's just business.
Is THAT the best you can do?????????
I don't want cubbie to frown at me anymore.

You tell if he frowns at you anymore, I'll

at him!

12vmanRick · Post by **12vmanRick** » April 13, 2004 11:12 am

LIPH wrote:
SmartWomaninShortSkirt wrote:I object to references to Jimmy's "scumbag" lawyers. If I were Jimmy's lawyer (my ultimate dream job!) I'd do the same thing, and I don't think many people would think of me as a scumbag.
While it may be Jimmy's lawyers who are doing this, they work for him. A lawyer only does what his client wants him to do.

I also object to the "scumbag" lawyers reference. Although many people think I am.

Deal with it on the scumbag reference

LIPH · Post by **LIPH** » April 13, 2004 11:27 am

12vmanRick wrote:
LIPH wrote:
SmartWomaninShortSkirt wrote:I object to references to Jimmy's "scumbag" lawyers. If I were Jimmy's lawyer (my ultimate dream job!) I'd do the same thing, and I don't think many people would think of me as a scumbag.
While it may be Jimmy's lawyers who are doing this, they work for him. A lawyer only does what his client wants him to do.

I also object to the "scumbag" lawyers reference. Although many people think I am.
Deal with it on the scumbag reference

I take comfort in knowing that most people who feel that way probably aren't as smart, or as good looking, as I am.

12vmanRick · Post by **12vmanRick** » April 13, 2004 11:29 am

LIPH wrote:
12vmanRick wrote:
LIPH wrote:
SmartWomaninShortSkirt wrote:I object to references to Jimmy's "scumbag" lawyers. If I were Jimmy's lawyer (my ultimate dream job!) I'd do the same thing, and I don't think many people would think of me as a scumbag.
While it may be Jimmy's lawyers who are doing this, they work for him. A lawyer only does what his client wants him to do.

I also object to the "scumbag" lawyers reference. Although many people think I am.
Deal with it on the scumbag reference

I take comfort in knowing that most people who feel that way probably aren't as smart, or as good looking, as I am.

Touche'

I don't hate all lawyers, just the ones I have personally had to deal with and speaking of that I need to call this idiot one that is representing me on suing my builder!

moeron · Post by **moeron** » April 13, 2004 12:03 pm

Jimmy dosen't own "cheeseburger" Outback steakhouse owns "cheeseburger" He gets 2% of the gross. Not too bad for using hi name. So it is not Jimmy, but his business partners. He is laughing all the way to the bank..

Mr. Duval Crawl · Post by **Mr. Duval Crawl** » April 13, 2004 12:06 pm

I support Jimmy 100%. Let's be honest.. the idea for the name came from Jimmy. JB is now opening a chain of restaurants under the same brand name and has every right in the world to protect was is rightfully his. Give em hell Jimmy!

Cubbie Bear · Post by **Cubbie Bear** » April 13, 2004 12:09 pm

Lee

naughty Cal Wheeler · Post by **naughty Cal Wheeler** » April 13, 2004 6:40 pm

he is not trying to hurt the small business man. He is trying to protect what he has paid good money for, to copyright the name . If he did not do this, every parrothead and any other businessman with a bright idea, would do the same thing and capitolize on Jimmy's success and possibly end up doing damage to the name he has legal rights to.