Buffett's lawyers busy again

tikitodd · Post by **tikitodd** » June 12, 2008 10:43 am

According to KeysNews.com:

Buffett's lawyers: Deadline to file suit is Friday
BY ROBERT SILK

Citizen Staff

Jimmy Buffett's Margaritaville Enterprises has stepped up the pressure on the publisher of the monthly Upper Keys entertainment and dining guide that it says is committing trademark infringement.

"If you do not cease all use of Margaritaville's federally registered Coconut Telegraph and notify us of your intent to desist from any future use of the mark before 5 p.m. on Friday, June 13, 2008, a federal lawsuit will be filed against you ...," Buffett attorney Jeffrey M. Smith wrote Tuesday to Denise Malefyt, publisher of The Conch Republic Coconut Telegraph.

Smith originally contacted Malefyt in late April, demanding that she change the name and Web address of her 8,000-circulation paper, which he said violates trademarks protecting Buffett's Coconut Telegraph newsletter. He gave her until May 5 to respond or possibly face a lawsuit.

Malefyt chose not to respond to Smith directly, but did so in a column published in The Conch Republic Coconut Telegraph in June.

After receiving Tuesday's letter, she said she doesn't know what she is going to do next.

"I sent a note to Jimmy Buffett on MySpace saying, 'Your lawyers are harassing me,'" she said.

I love the fact she sent a message to Buffett's MySpace page!! Too funny!

Could there be a 'BN Critters' story line in this somewhere!?!

Dezdmona · Post by **Dezdmona** » June 12, 2008 10:51 am

http://www.buffettnews.com/forum/viewtopic.php?t=69515

"I sent a note to Jimmy Buffett on MySpace saying, 'Your lawyers are harassing me,'" she said.

This woman doesn't sound too smart. Common sense would tell me that JB would have the name "Coconut Telegraph" protected.

pair8head · Post by **pair8head** » June 12, 2008 10:57 am

Dezdmona wrote:http://www.buffettnews.com/forum/viewtopic.php?t=69515

"I sent a note to Jimmy Buffett on MySpace saying, 'Your lawyers are harassing me,'" she said.
This woman doesn't sound too smart. Common sense would tell me that JB would have the name "Coconut Telegraph" protected.

She has a point though, Coconut Telegraph has been in use for a long long time.

AlbatrossFlyer · Post by **AlbatrossFlyer** » June 12, 2008 11:01 am

pair8head wrote: She has a point though, Coconut Telegraph has been in use for a long long time.

doesn't mean a damn thing. JB holds the trademark, end of story unless she wants to challenge the issuance of the TM.

I can tell her what she's going to do next. she's gonna change the name of her newsletter.....

here's the TMs that apply (first use was in 1985)

http://tess2.uspto.gov/bin/showfield?f= ... t1urtu.3.4

http://tess2.uspto.gov/bin/showfield?f= ... t1urtu.3.6

there's 3 more TMs covering food & beverage branding

pair8head · Post by **pair8head** » June 12, 2008 11:04 am

AlbatrossFlyer wrote:
pair8head wrote: She has a point though, Coconut Telegraph has been in use for a long long time.
doesn't mean a damn thing. JB holds the trademark, end of story unless she wants to challenge the issuance of the TM.

I can tell her what she's going to do next. she's gonna change the name of her newsletter.....

Oh I know that. She's gonna loose, however if she had the money to challenge the TM I believe she would have a good chance of winning.

AlbatrossFlyer · Post by **AlbatrossFlyer** » June 12, 2008 11:14 am

pair8head wrote: however if she had the money to challenge the TM I believe she would have a good chance of winning.

patents and TMs are rarely overturned....

pair8head · Post by **pair8head** » June 12, 2008 11:16 am

AlbatrossFlyer wrote:
pair8head wrote: however if she had the money to challenge the TM I believe she would have a good chance of winning.
patents and TMs are rarely overturned....

With enough historical evidence they can be.

rich_big · Post by **rich_big** » June 12, 2008 12:03 pm

wait, are you saying JB does not reply to his email on his myspace page?

"I sent a note to Jimmy Buffett on MySpace saying, 'Your lawyers are harassing me,'" she said.

I love the fact she sent a message to Buffett's MySpace page!! Too funny!

fdthird · Post by **fdthird** » June 12, 2008 1:16 pm

Hey, business is business and more power to Mr. Buffett for protecting what is legally his. Too many folks are making money off things that they have done nothing to promote and frankly you have to go after EVERYBODY or your copyrights and trademarks start meaning nothing.

Skibo · Post by **Skibo** » June 12, 2008 7:40 pm

but, but jimmy's rich, he can afford to share his trademarks.

SchoolGirlHeart · Post by **SchoolGirlHeart** » June 12, 2008 7:46 pm

Skibo wrote:but, but jimmy's rich, he can afford to share his trademarks.

Oh, wait.... where's Bug...? I'm gonna need popcorn....

AlbatrossFlyer · Post by **AlbatrossFlyer** » June 12, 2008 7:50 pm

Skibo wrote:but, but jimmy's rich, he can afford to share his trademarks.

one does not share, one licenses his TMs....

besides what if she pans Mville food in her dining guide?

oh... please pass the lawry's seasoned salt

newaygo parrothead · Post by **newaygo parrothead** » June 12, 2008 9:05 pm

AlbatrossFlyer wrote:
pair8head wrote: however if she had the money to challenge the TM I believe she would have a good chance of winning.
patents and TMs are rarely overturned....

Damn near NEVER...and against an american icon...not a chance

Why should she make money off of his marketing?

chippewa · Post by **chippewa** » June 12, 2008 9:25 pm

I wonder what the law is regarding fair use in his lyrics? He might be getting permission to use names like Juicy Fruit, Disneyland or Brylcream, but in a song like Cheeseburger he casts Holiday Inn in a negative light. I can't imagine they'd give him permission to use the name for that. So many artists have songs that use product names that I can't imagine they need permission, but aren't they turning a profit using someone else's name?

Parrot Elm · Post by **Parrot Elm** » June 13, 2008 1:00 am

chippewa wrote:I wonder what the law is regarding fair use in his lyrics? He might be getting permission to use names like Juicy Fruit, Disneyland or Brylcream, but in a song like Cheeseburger he casts Holiday Inn in a negative light. I can't imagine they'd give him permission to use the name for that. So many artists have songs that use product names that I can't imagine they need permission, but aren't they turning a profit using someone else's name?

I have often wondered about this, too.

Tropic_Al · Post by **Tropic_Al** » June 13, 2008 1:12 am

Parrot Elm wrote:
chippewa wrote:I wonder what the law is regarding fair use in his lyrics? He might be getting permission to use names like Juicy Fruit, Disneyland or Brylcream, but in a song like Cheeseburger he casts Holiday Inn in a negative light. I can't imagine they'd give him permission to use the name for that. So many artists have songs that use product names that I can't imagine they need permission, but aren't they turning a profit using someone else's name?
I have often wondered about this, too.

mmmm. Didn't Coca Cola stop the Kinks from using their name in "Lola"?

palmettopirate · Post by **palmettopirate** » June 13, 2008 7:32 am

I wonder what kind of financial situation Ms. Malefyt is in. Not that it makes a difference legally. But does she sell the letter for a big profit or is it one of those small time deals? This may come under the heading of "You can't get blood out of a turnip" when Jimmy wins. If it is small time you'd think that JB's lawyers had better things to do. This suit puts the newsletter in headlines it otherwise would not have seen. I never heard of it until this discussion. I am NOT defending her, btw.

fdthird · Post by **fdthird** » June 13, 2008 8:41 am

I will say it again...big or small it doesn't matter...turn your back and your TMs are worth NOTHING! There is no free ride in this Carnival World!

palmettopirate · Post by **palmettopirate** » June 13, 2008 12:52 pm

fdthird wrote:

"I will say it again...big or small it doesn't matter...turn your back and your TMs are worth NOTHING! There is no free ride in this Carnival World!"

You are absolutely right. I'm just wondering if in this case it's worth the trouble if it's a low budget non-money maker.

bbqmonster · Post by **bbqmonster** » June 13, 2008 2:57 pm

My guess is you have to show consistency in the defense of your trademarks. Big or Small stop them all.
BBQMonster