Will Jimmy Sue Margarita Ville?

[JustDucky]

Has anyone seen this?

http://www.azmargaritavillerentals.com/

It's a bit...I dunno...too much maybe? That lone palm pic is obviously a take on the Joe Merchant cover...

Haven't read about JB suing these people.

Yet.

[Bicycle Bill]

Maybe they already heard from Jimmy's people (or talked to them ahead of time), and that's why they're writing "Margaritaville" as two words...

-"BB"-

[Skibo]

I'm sure there will be a name change in their future. If jimmy lets this pass, he might as well quit paying his lawyers to protect his trademarks.

[pleiades03]

Well, considering that Parrotville had to change their name to Parrotbeach, I can't see the lawyers letting this one slide.

[surfpirate]

I changed the tagline at http://www.crittervillecove.com to be "Surfin' Our Days Away Down In Critterville" (from it's original "Wastin' our days away .....").

And the BN Critters occasionally interact with Meglaritamart and Radio Meglaritamart rather than ... well you know.

I certainly want to recognize and acknowledge Jimmy's intellectual property ...............

[Skibo]

Lawyers applied the full nelson did they?

[msu#1]

Oh they will for sure get a letter in the mail, after someone reads this thread

[Captain Tony]

They are not breaking any copyright laws, when the 2 words are together as one then yes he could sue, but Margarita is a cocktail and Ville is french for town...as im sure you all know and he can't copyright either of those words

[Brown Eyed Girl]

They are not breaking any copyright laws, when the 2 words are together as one then yes he could sue, but Margarita is a cocktail and Ville is french for town...as im sure you all know and he can't copyright either of those words

Ahhh, but if you look under the "corporate" link you'll see it listed as MargaritaVille...no space. Methinks they'll be getting a letter.

[Captain Tony]

They are not breaking any copyright laws, when the 2 words are together as one then yes he could sue, but Margarita is a cocktail and Ville is french for town...as im sure you all know and he can't copyright either of those words

Ahhh, but if you look under the "corporate" link you'll see it listed as MargaritaVille...no space. Methinks they'll be getting a letter.

Aha, i see what you mean, maybe it was a genuine error, or they thought by using a capital V in Ville they could get around it...But i reckon Jimmy has that loophole covered too

[JustDucky]

You look at what they're offering....it's just way too close to JB's marg maker...trip. Someone's trying to make some money. This will be interesting to watch.

[Captain Tony]

Just did a search and found this site, anything to do with JB ? If its got nothing to do with Margaritaville, then they are taking the Mickey!!
http://margaritavillecapitola.com/marga ... nquets.php

[Brown Eyed Girl]

Just did a search and found this site, anything to do with JB ? If its got nothing to do with Margaritaville, then they are taking the Mickey!!
http://margaritavillecapitola.com/marga ... nquets.php

I can't remember the exact reason why, but this one has been given a "pass" by Jimmy. I can't remember when it opened but maybe it was before Jimmy got the trademark/copyright on the M'ville name? We had a discussion about this topic not too long ago, but apparently I have killed off those brain cells.

[TropicalTroubador]

Just did a search and found this site, anything to do with JB ? If its got nothing to do with Margaritaville, then they are taking the Mickey!!
http://margaritavillecapitola.com/marga ... nquets.php

I can't remember the exact reason why, but this one has been given a "pass" by Jimmy. I can't remember when it opened but maybe it was before Jimmy got the trademark/copyright on the M'ville name? We had a discussion about this topic not too long ago, but apparently I have killed off those brain cells.

I've been there; the same folks have/had another location in Sausalito. They've been in business for quite a few years. I have to assume that there is some sort of agreement that allows them to exist under this name.

[SharkOnLand]

They are not breaking any copyright laws, when the 2 words are together as one then yes he could sue, but Margarita is a cocktail and Ville is french for town...as im sure you all know and he can't copyright either of those words

Copyright, no, but trademark, yes. And it would be in violation, as it's close enough to the one-word TM that Jimmy does own. They'll be shut down 2 seconds after Jimmy's sharks hear about it.

[karat]

Must be the year of the Shark(s)
viewtopic.php?f=26&t=75765
Pittsburgh bar has the same issue - it has been around since 85, about the time the first m'ville store opened!

[tryin' to reason]

I'd say there definitely IS "likelihood of confusion"...

From Wikipedia (a right scholarly source, fer sure):-

The scope of a trademark is determined by whether there is "likelihood of confusion" (note that this is different from whether there has been any actual confusion), between that trademark and another trademark in the minds of the consuming public. Likelihood of confusion is generally determined by reviewing a set list of factors which, depending on the judicial circuit, range from 7 to 13 in number. In the Federal Circuit, for example, these are called the DuPont factors:

We determine likelihood of confusion by focusing on the question whether the purchasing public would mistakenly assume that the applicant's goods originate from the same source as, or are associated with, the goods in the cited registrations. [citation]. We make that determination on a case-by-case basis, [citation], aided by the application of the factors set out in In re E.I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (CCPA 1973). Those factors are:
The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation, and commercial impression.
The similarity or dissimilarity and nature of the goods . . . described in an application or registration or in connection with which a prior mark is in use.
The similarity or dissimilarity of established, likely-to-continue trade channels.
The conditions under which and buyers to whom sales are made, i.e. "impulse" vs. careful, sophisticated purchasing.
The fame of the prior mark . . . .
The number and nature of similar marks in use on similar goods.
The nature and extent of any actual confusion.
The length of time during and the conditions under which there has been concurrent use without evidence of actual confusion.
The variety of goods on which a mark is or is not used . . . .
The market interface between the applicant and the owner of a prior mark . . . .
The extent to which applicant has a right to exclude others from use of its mark on its goods.
The extent of potential confusion . . . .
Any other established fact probative of the effect of use.
Id. at 1361, 177 USPQ at 567. Not all of the DuPont factors may be relevant or of equal weight in a given case, and "any one of the factors may control a particular case," In re Dixie Rests., Inc., 105 F.3d 1405, 1406-07, 41 USPQ2d 1531, 1533 (Fed. Cir. 1997).
(from In re Majestic Distilling Co. (Fed. Cir. Jan. 2, 2003))

[chrisrehm]

I have little doubt that Jimmy's lawyers work on a case by case arrangement.

This is exactly why they have been involved in so many lawsuites over the years.

No doubt, the guys in question will receive a "Cease and disist" letter from them ...and the attornies will bill JB for their services.

When this doesn't work, they'll do their best to drag it on as long as they can... billing JB in the process.

[LIPH]

I have little doubt that Jimmy's lawyers work on a case by case arrangement.

This is exactly why they have been involved in so many lawsuites over the years.

No doubt, the guys in question will receive a "Cease and disist" letter from them ...and the attornies will bill JB for their services.

When this doesn't work, they'll do their best to drag it on as long as they can... billing JB in the process.

Maybe the reason JB's lawyers have been involved in so many law suits over the years is because they're doing what he hired them to do, protect his brand. Put yourself in his place, you'd have lawyers doing the same thing for you.

And if they're any good, and ethical (I'll wait while all the people who have no clue about how the legal profession really works get a laugh from that one), they'll do their best to bring the case to an end as quickly as possible. Nobody wins by letting things drag on indefinitely.

[KruzinParrots]

I have little doubt that Jimmy's lawyers work on a case by case arrangement.

This is exactly why they have been involved in so many lawsuites over the years.

No doubt, the guys in question will receive a "Cease and disist" letter from them ...and the attornies will bill JB for their services.

When this doesn't work, they'll do their best to drag it on as long as they can... billing JB in the process.

Maybe the reason JB's lawyers have been involved in so many law suits over the years is because they're doing what he hired them to do, protect his brand. Put yourself in his place, you'd have lawyers doing the same thing for you.

And if they're any good, and ethical (I'll wait while all the people who have no clue about how the legal profession really works get a laugh from that one), they'll do their best to bring the case to an end as quickly as possible. Nobody wins by letting things drag on indefinitely.

Well said Larry. I'm sure his attorneys will act well on his behalf and do what they do best to protect his interests quickly and efficiently.