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13 Answers

1. Hi Martin. I might not be able to give any decent advice but as someone who is setting out in business myself i just wanted to respond to offer a little lift. I am producing a product and after 9k in patent applications you are still told it is not worth the paper it is written on.
   I think the route to take is to perhaps speak to an excellent business solicitor say Wright Johnson & Mackenzie of Glasgow (first meeting might be free). Take out product insurance which will cover you if you do go to court. Think about how the big boys would trample all over you cost wise but at least putting insurance in place may help (costs money also).
   It may be as simple as dropping the c in brick or adding an x. I know that would be frustrating and costly in rebranding, website domain names etc.
   
   Let me know how you get on
   Gary B
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   Answered by Gary Burns, August 2008   -  Contact this person
2. Thanks Gary, the spirit to create something unique can never leave us, I've no doubt this is not your first idea and I can't thank you enough for your advice. I suppose the most difficult thing about domain names is most of them are already gone, especially the ones related to what musicbrick.com is trying to achieve... musicwall, musicb, musicbee, musicblock, musicbloc, musicblok, musicsquare, musicjigsaw, musicplace, musictrek, musicvoyage, musicjourney, musiclife, even musicfish, musicskyscraper.. all gone, it's very difficult to narrow something down that's apt.
   
   But I don't give up on things easily, it's not my or our nature by the sound of it. Thanks for the advice Gary, I'll take a look at the insurance over the next few days, possibly I'm a little late now but will take a look.
   
   Venture Navigator has always been a great resource for advice... Just a thought, is pro bono something that happens only in the USA?
   
   Martin
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   Answered by Mart b, August 2008   -  Contact this person
3. Hi Martin,
   
   I'm really sorry to hear about the problems you are having. I'm certainly no expert on this and hopefully someone with relevant experience will be able to contribute.
   
   This certainly does seem like scare tactics. What is the considered opinion of your Trademark Lawyer as to how likely this opposition is to stand? What class is your Trademark applied for in? I’m guessing not the same as theirs. Is your Trademark a UK only, EU, Worldwide? I find it incredible that anyone managed to trademark the word ‘Bricks’ at all! I suspect the main issue will be with WEBBRICKS which is for “Providing online, non-downloadable software for use in displaying information and advertisements of others that are linked to keywords, phrases or icons.”
   
   The fact that as you a you state “there are over 230 trademarks and thousands of domain names with 'brick' or 'bricks' in their title, including domain names that are an exact copies of the trademarks they already have” suggests they might find this rather hard to pursue. It probably comes down to whether you have the stomach to fight?
   
   I hope someone can contribute some more solid legal advice for you.
   
   Phin
   
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   Answered by Phineas Wenlock, August 2008   -  Contact this person (Edited on 2008-08-21 11:24:08)
4. Oh, one other thing. From a marketeers point of view, you might turn this to your advantage. Change the name to something else and make a song-and-dance about how “The (corporate) Man” is beating up the little guy – it could get you some good press coverage and add a whole bunch of new users to you newly re-named service! (Whether this is legally advisable would be for someone else you say!)
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   Answered by Phineas Wenlock, August 2008   -  Contact this person
5. My first port of call would be the Institute of Trade Mark Attorneys: http://www.itma.org.uk/
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   Answered by Lee Longstaff, August 2008   -  Contact this person
6. Thanks very much for the advice and a quick update. I've spoken with the trademark Lawyer, the next stage is to evaluate how much we step on their toes and in what areas, I'll be doing that over the next few days. Their trademarks are very specific, if we can eliminate the areas they're concerned about and still retain what musicbrick represents then in the lawyers words we make their grounds toothless and make their ground difficult to defend.
   
   On the other hand they may just want 'musicbrick' for their own, if that's the case I don't stand a chance! My only saving grace is by replying to their letter through the patent lawyer expressing my views and concerns. He's agreed to reduce his fees, believing that they were overly 'Sharp' in their approach to discussing this opposition directly with me instead of using the correct channels (in laymans terms, trying to put the crap up me by missing them out).
   
   This letter could give me about 6 to 7 months grace before the onslaught and with that amount of time who knows what is achievable.
   
   I will not throw money at this, can't afford to and will not do it, worst case scenario I lose the name musicbrick but not without a duel at the very least. For some strange reason I was gutted initially, but now feel 'ready' if that makes sense, the fool I am.
   
   The spin idea crossed my mind to Phin, but want the redesign live before I'm ready to speak with anyone. They can trademark BRICKS because the word has nothing to do with their business, I could trademark the word COMPUTERS, no problem, if I sell trees. Will take a look at the trade mark attorney's site today Lee.. cheers
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   Answered by Mart b, August 2008   -  Contact this person
7. As a slight aside, has this problem arisen because you chose a .com domain, rather than a .co.uk one?
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   Answered by Lee Longstaff, August 2008   -  Contact this person
8. Hi Lee,
   
   No, they want me to cancel all domain names I own... Quote "Rename your website and cancel the above mentioned MUSICBRICK domain names in due course. Unquote.
   
   As a gesture of goodwill they've given me; Quote "six months transition period to phase out the use of your mark MUSICBRICK provided that you withdraw the trademark application on time"
   
   I have musicbrick .com and co.uk. ... musicbricks.com and .co.uk. ... musicbrik.com with a 'k'.
   I thought it was in my best interests to buy the above to prevent domain kidnapping..
   
   Lee bear in mind there are already over 230 trademarks with ‘brick’ or ‘bricks’ in the name, here's a few examples, pearls like; magicbrick, thinkbrick and betterbrick, these would make nice coupon promotions, but musicbrick.. No!
   
   And there are websites existing today; webbricks.com, adbricks.com, onebrick.com that have no connection to Coupon Inc. whatsoever.
   
   I have a scan of the letter in my blog, here's the link http://musicbrick.blog.co.uk/
   
   The specific areas I spoke about, that I was considering removing from the treadmark application, in the last reply don't exist. After reading through the letter numerous times it's seems obvious they object to everything. (The devil, as always, is in the detail)
   
   Martin
   
   
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   Answered by Mart b, August 2008   -  Contact this person
9. Hi Martin,
   
   I'd be interested to see how this all pans out.
   
   Good luck with it!
   
   Lee
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   Answered by Lee Longstaff, August 2008   -  Contact this person
10. Thanks Lee will keep you and VentureNavigator updated as to what's happening. I've said it once before and I'll say it again 'if you're looking for advice... you've come to the right place!'
    
    Thanks
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    Answered by Mart b, August 2008   -  Contact this person (Edited on 2008-08-26 21:41:17)
11. Although I can be of no assistance on this matter, I do believe the chaps at Technology Law Alliance could. Stephen Ollerenshaw provided assistance when we applied for the SmarterHousing trademark; all of his contact details can be found here (http://www.tlawa.co.uk/stephen-ollerenshaw.htm) should you wish to call upon his services.
    
    Good luck!
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    Answered by Adam Arnold, August 2008   -  Contact this person
12. Thanks Adam,
    I've instructed the patent lawyer to send a letter to Fish and Richardson PC informing them to... hhhmmmmmmmm! I'll choose my words carefully. That, I will not be withdrawing my pending trademark and I will under no circumstances give up the name of my website that I've spent the last two years developing... musicbrick.com is here to stay!!
    
    But I will contact Stephen, for a second opinion it would be good to hear what his thoughts are on the situation.
    
    Thanks again Adam
    
    Martin
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    Answered by Mart b, August 2008   -  Contact this person (Edited on 2008-08-29 15:43:41)
13. This is an update to the above, wasn't sure where to put it, but didn't want to start a new thread.
    
    Following on; I’ve just received an email from my solicitor explaining that Fisher and Richardson PC acting on behalf of an American company Coupon Inc have opposed my trademark application on the grounds of what only they seem to understand.
    
    What really winds me up;
    1. They keep giving me dates to respond by, which by the time I receive their letter is about seven days… by not responding they can win the opposition on the grounds of ‘Non-commitment’ on my part.
    
    2. They keep crossing every ‘t’ and dotting every ‘i’, yet still manage to misspell at least one of their trademarks to bring it into line with mine eg “Our client offers the services and products under the following BRICKS marks: ADBRICKS, BRICKS, BRICKS DUET, ONEBRICKS, AND WEBRICK” … They do not own the trademark WEBBRICK, they own WEBBRICKS (plural). WEBBRICK on the other hand is owned by a company in the UK. (webbricksystems.co.uk)
    
    3. They’ve given me until the 1st October 2008 to respond to their letter with an option… They’re prepared to withdraw there opposition to my trademark, as long as I remove some of the phrasing protecting it... Seems easy enough? One problem, by agreeing to their terms, the amendments will stop musicbrick.com from trading as a business, by preventing the website from advertising or promoting in any shape or form…
    
    I’ve got to speak with the solicitor this 24 September to find out what the options are… The last letter I sent cost £300 and that nearly killed me! So 2,3,4,5 letters later… forget it! Maybe there’s an easier way out, maybe I'm not understanding what they're asking for!
    
    I've been given some good solid advice and was asked for an update on this issue and that’s the reason for posting again.
    
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    Answered by Mart b, September 2008   -  Contact this person