Buffett sues alleged trademark infringer

[JustDucky]

I think it could be looked at as similar to how the t-shirt bootleggers walk around selling "Buffett" shirts and get busted - they're using his name and similar graphic features. If I were to record a song called That Shrimp Boat Sound that sounded a lot like Margaritaville to the point of confusion I would probably get sued (it would have to have some same exactness of the song for a minumum of 8 bars I think is how it works legally).

Also, it's not only in the lines of the copyright but I think it's more in the arena of the likeness of Jimmy Buffett the product.

[chippewa]

While much of the merchandise is "Buffettesque", can't you still sell t-shirts with Grumman aircraft on them, or the words "latitude & longitude"? I agree that you have to keep a vigilant watch over your trademark, if you don't you have set a precedent for the next violator. But how far does that trademark extend? Maybe these products aren't the issue here.

The attorney's letter seems to admit that 1% of his products are licensed Jimmy Buffett products, but does he have the license to see them or not? It doesn't say in the letter.

[CrznDnUS1]

I'm suprised this nut isn't selling M'ville stuff as well.

[Quiet and Shy]

P.S. Here's the link that compares CD prices. http://www.eonline.com/news/article/ind ... 8eef9dbfb7

[BottleofRum]

How do places that call themselves "Marguritaville" get away with it? There is a Marguritaville Grill in Georgia and others using that name all over. How woudl that be different than "Cheeseburgers 'N' Pair-of-Dice" ?

Complete guess, but maybe JB's lawyers haven't noticed them yet....

There is a Marguritaville in Jamica that is pretty big so I think he knows about that one.

Maybe these places existed before he got the official trademark

[SchoolGirlHeart]

How do places that call themselves "Marguritaville" get away with it? There is a Marguritaville Grill in Georgia and others using that name all over. How woudl that be different than "Cheeseburgers 'N' Pair-of-Dice" ?

Complete guess, but maybe JB's lawyers haven't noticed them yet....

There is a Marguritaville in Jamica that is pretty big so I think he knows about that one.

Maybe these places existed before he got the official trademark

Could be, yep. Or there's already been an agreement worked out between them, as with the Hawaii Cheeseburger-in-Paradise restaurants

[Quiet and Shy]

How do places that call themselves "Marguritaville" get away with it? There is a Marguritaville Grill in Georgia and others using that name all over. How woudl that be different than "Cheeseburgers 'N' Pair-of-Dice" ?

Complete guess, but maybe JB's lawyers haven't noticed them yet....

There is a Margaritaville in Jamica that is pretty big so I think he knows about that one.

Maybe these places existed before he got the official trademark

Could be, yep. Or there's already been an agreement worked out between them, as with the Hawaii Cheeseburger-in-Paradise restaurants

The Margaritavilles in Jamaica, Turks and Caicos, Cayman, and Cancun are franchises/partnerships with full permission from Buffett.

The Hawaii Cheeseburger in Paradise restaurants were established before Jimmy sought that trademark, so they have the Hawaiian rights to that name (per lawsuit resolution). The mainland name they use is "Cheeseburger" and there is one on Duval St. in Key West a few blocks up the street from Margaritaville.

I'd bet anyone currently using the name "Marguritaville" has probably slipped through the cracks. Jimmy's obligated to pursue anyone he is aware of who is violating his trademark; he's not obligated to scour the country for violators.

[citcat]

I have a news scroll-line on my screen, and I was just doin' my bidness and here comes the name Jimmy.....then Buffett....I thought, "Oh no what now !" *whew* It skeered me. You protect your stuff, Jimmy !! Copyright infringement is a nasty little business. With nasty little people trying to make money the sleazyeasy way, off someone else's creativity and ideas and image.

[parrotpartygod]

The Honey Do Moon is over

[LIPH]

This is odd, there's no listing in Martindale-Hubbell for the guy who's mentioned in the article as JB's lawyer. I'm listed there, so it's not a very exclusive club.

[12vmanRick]

I KNOW there is more than meets the eye here. I understand he uses JIMMY to market his items online.

I don't see much different online than I see at many tropical type stores.

I just don't get it this time!!! (And as you all KNOW, I am so PRO Jimmy!) There's gotta be something else goin on!!!

I am with you on this one. I just don't see an issue here. If this is an issue I know MANY other places that are in jeopardy.

[Lou_A1A]

I found this line in the article a bit funny.........................anyone else ??

“Jimmy Buffett’s not in business to make money, certainly not anymore, and he doesn’t appreciate what this guy’s been doing.”

[RinglingRingling]

I found this line in the article a bit funny.........................anyone else ??

“Jimmy Buffett’s not in business to make money, certainly not anymore, and he doesn’t appreciate what this guy’s been doing.”

well.. it's not like the guy in Galveston is foisting rotgut off on unsuspecting folk as "tequila" or anything...

[Mo2]

For all we know he could have changed his prices just as all this was launched to make himself look better and jimmy more evil. And another thing to think you are doing no wrong after you were busted once before for doing the same thing! I am sorry I don't feel sorry for this guy one single bit since this is not the first time buffett has had to take him to court!

[Bwana Paul]

“Jimmy Buffett’s not in business to make money

HAHAHAHAHAHHAAHAHAHAHH!!!!!!!!!!!!!!!!!!!!!

[springparrot]

I wonder if they have a "real" store?

[Bwana Paul]

Jimmy Buffett is going to be doing a Waffle House tour, hitting up various Waffle Houses across the southeast. NO COVER!!!

Scattered, Smothered, Covered and Buffetted.

NO PROFANITY

[TropicalTroubador]

I wonder if they have a "real" store?

You mean like Amazon.com?

[RinglingRingling]

I wonder if they have a "real" store?

You mean like Amazon.com?

I've spent hours wandering the aisles there... :D:D:D

[TropicalTroubador]

Good for you Jimmy. You should be the only one making money off your name!

Well...I'd guess that lots of people make money off Jimmy's name. There's everyone in his band, and everyone in his crew, and everyone working at any official Margaritaville anywhere in the world...I'm okay with that. That's just for openers, let's not forget all the venues where he plays, all of their employees, and his sponsors. All making money off his name; all perfectly legal.

Should he be protecting his trademarks? Absolutely - IANAL, but as I understand it, if you don't protect a trademark you can lose it.

There's a fine line out there between "copyright/trademark infringement" and stuff that's similar, but not quite. I don't know what arrangement the Margaritaville restaurants in Sausalito and Aptos have to keep from getting sued; they're not owned (as far as I know) by Jimmy, but they've been out there selling food and drink for plenty years now.

Phrases like "5 O'Clock Somewhere" have been in common usage for years before the song of the same name; hell, there are plenty of song titles out there that have been used more than once. You can't really copyright a song title, as I understand it.

As for whether what Jimmy's lawyers are doing is reasonable or excessive, only time will tell. (*shrug*) Personally, I hope it all falls down on the "reasonable" side. But that's just the way I am.

Loren