Thread: Can I get in trouble?

Originally Posted by lubbing5cherubs

Hi I am wondering do you know if I can get into trouble. I am wondering if I can get in the trouble. I have just found out that people have been saying that my pens are "parker Pens, No Toni Parker Pens" (Parker is my genuine name) I am not using the name as Parker Pen. What do you reckon I should do. I have asked him not to say that but what should I do? I know a lady here got in hot water for naming her shop similar to a shop in Sydney. Any Ideas?
Toni

The simple solution would be to call them "Toni Parker" pens and advertise them as such. Provided you do not claim they are Parker pens I don't think you could be held liable for what others call them. Make sure the instructions, or something you sell with it (receipt), clearly states "Toni Parker".

Hopefully someone with legal training will provide some advice too.

I think you are pretty safe Toni. You haven't claimed to be them and it doesn't matter much what anyone else calls your stuff.

Studley

You might reinforce your uniqueness by calling them "Toni Parker's" pens; i.e. with apostrophe S. They are your pens after all.

Joe

I think you are pretty safe Toni. You haven't claimed to be them and it doesn't matter much what anyone else calls your stuff.

... unless the "someone else" could be reasonably assumed by the purchaser to be your agent. If you are giving the pens to this "someone else" to sell on commission there could be some doubt. If you have a contract of sale with this person and (s)he then resells the pens you are completely clear. In any case, chances of serious trouble should be pretty much zero, but there is always the possibility of some overzealous pettyfoggers trying to justify their fees.

Hi Toni,
If you register a trading name with your department of fair trading called "Toni Parker" and they okay this you will get an ABN and then have the rights to say that you sell Toni Parker Pens.
The only issue you will find if they are not an agent selling on your behalf would be a quiet request to stop representing your pens as "Parker Pens".

Originally Posted by Babytoolman

Hi Toni,
If you register a trading name with your department of fair trading called "Toni Parker" and they okay this you will get an ABN and then have the rights to say that you sell Toni Parker Pens.
The only issue you will find if they are not an agent selling on your behalf would be a quiet request to stop representing your pens as "Parker Pens".

I dont think registering a business name with the Department of Fair trading would guarantee exclusive use of the name "Toni Parker Pens", If someone has that name or similar as a Trade mark it's theirs . Business names and Trade marks are two seperate things. As far as I am aware the only way to stop someone using a name is to register it as a trade mark.

Toni...As Parker pens is such a well known brand, I dont think its a good idea to use "parker" even as in "Toni Parker pens" as a brand name if Parker wanted to, they could site passing off under the trade practices Act. You would need to apply for a trade mark to see if its allowable.

However it should be fine to say "Pens by Toni Parker" as this is more like an Art work signed by the Artist.

I think if someone else is selling your pens as "Parker Pens" they would be the ones in trouble not you.

If you wanted to, I know somebody who can search the trade marks database to see if its possible to apply to use your name...As I said if there is anthything similar, they would most likely reject your application.


cheers
BD

Toni. if you have any doubt why not call them "Toni" pens, surely this would ease your mind.

Cheers

Toni don't call them the Toni pen, there is one of the pen kit suppliers that sell a kit as the Toni pen.
Darren

Originally Posted by Brown Dog

However it should be fine to say "Pens by Toni Parker" as this is more like an Art work signed by the Artist.

Yep. Legalities aside, IMHO this would be the best move from the marketing point of view.

Brown Dog's suggestion is a ripper!

My suggestion doesn't rate as highly - Toni's Handmade Pens.

cheers
Wendy

Brown Dog got it right on both fronts.

Passing off is the problem you will need to deal with. I know of plenty of instances where a person uses their own name only to have a multinational threaten legal action. Even if you won your case, you would lose financially.

In any event, I'm sure your pens are better than the Parker pens.

A Q&D limited search of the USA trademark database reports 255 records containing the words "parker" and "pen(s)", last updated 29 Jun 07, 04:06 EDT (USA) - we're about 14 hours behind you. Many of these are not held by Parker Pen Products Corp, UK or their USA subsidiary. In some, "Parker" is someone's given name. None of these contain the entire search field in the trademark itself.

Two hits containing "toni" and "parker." Toni Hall Parker, in NJ USA, deals in clothing. The other, Toni Trent-Parker et al, in CT USA, deals in books. Neither of these contains the search field in the trademark itself.

This is only the USPTO database. There may be tm's unique to Oz, so YMMV.

All that said, the combination of "toni" AND "parker" AND "pen(s)" is most likely unique worldwide. And in the overall scheme of things, you're a pretty small fish. Any threat of litigation would not be profitable for a plaintiff, especially when confronted with the total reality. ["parker's" would probably be stronger, though.]

I'm not a lawyer or patent attorney, so take this with a grain of salt.

Joe

Here we go with this whole intelectual property / trade mark thing again...... as quite a number of overseas particulary american large companies have found the whole intelectual property/ trade mark thing is very different and far more reasonable here than in many overseas countries.

firstly
Toni... you personaly arent representing your pens as " Parker Pens".
So to a certain extent it isnt your problem or responsibility.

Registering your own name as a business name is a pretty pointless exercise as you are entitled to use it as such... no obliged to use it as such unless you register as something else.
Regisetering a business nane in QLD does nothing much for you... the governments view now is that it is a business licence... nothing more and they will do next to nothing to defend your rights to that name.
further it gives you no entitlement to or protection of that name as a trade mark here or anywhere else.

In this country you can not register a name, a word or phrase alone as a trade mark it is a design containing the word/s that you are registering and that is an expensive and convoluted process to do right.

there are a lot of people who will try to push you to go thru all sorts of expense and grief registering this and that and protecting this and that intelectual property.
Unless you have lots of money to spare and even more just handy on demand to defend you property... its pretty pointless.

"Toni Parker" is your name and nobody can take that away from you or tell you how to use it. At least in this country and as long as it is used as your name in ways that pertian to who you are, what is your property or what you do. At least thats my understanding of the situation.

One test case for this was a counrty solicitor who sponsored a local football team.
They had "Mcdonnald's solicitors" (or whatever) on their jersys......
the food company ( i use the word lightly) threw their full might at him.......... bad move......he defended himself with very little effort and cost.... and won.
They wasted a lot of money

cheers