AD: - M&M Lentil Beads

I bought some chips ahoy's the other day and they had bits of colorful candy
inside them that looked like whisper M&M's but they call them crunchy
candy bits
if you and I made these cookies we would be sued.

I understand it, just don't agree with it totally

--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"Cheryl" wrote in message
...

ok so lets say I make Crayons and my name is Morris and my partner's name
is
Mitchell and we start a company called MnM, I would be sued for copyright
infringement, if that is the case nobody can ever have the initials MM.
Why
stop there lets sue everyone with the letter M on there packaging

believe it or not -- it HAS HAPPENED..
McDonalds, Mars, and many other companies have sued other "legitimate" but
similarly named companies....
didn't you see just recently the
settlement between MICROSOFT
the giant corporation - who was suing
a guy named Mike Rowe -- who put up a website named
MikeRoSoft
(one article here -
http://news.zdnet.co.uk/business/leg...9119249,00.htm )

like - you and I would confuse the two???
not likely - - but guess what -- they didn't like it!

Sorry Alex -- but you stated it correctly, you ' have a little trouble
with
copyright stuff"

Take my word for it -- you can't do it.
Mars once sued a person who took the miniature candy bars like you hand
out on
Halloween..... and dipped them in plastic, glued magnets to them - and
sold
them as refrigerator magnets...
guess who lost in court....
yeah - the little guy....


Cheryl
last semester of lawschool! yipee!
A HREF="http://www.dragonbeads.com" DRAGON BEADS /A
Flameworked beads and glass
http://www.dragonbeads.com/

what if that company was named 2M?

LOL

--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"vj" wrote in message
...
vj found this in rec.crafts.beads, from "alex"
:

]I was just wondering about the name and how can anyone
]sue because another company used M, MNM, MN'M, M's

well, there is 3M . . . they make totally different products.
you'd probably have to check the way Mars has written their trademark.


-----------
@vicki [SnuggleWench]
(Books) http://www.booksnbytes.com
(Jewelry) http://www.vickijean.com
newest creations: http://www.vickijean.com/new.html
-----------
The measure of the menace of a man is not what
hardware he carries, but what ideas he believes.-- Jeff Jordan

Not ganging up, I promise! The difference here is that the beads were
made to look like M&M's. Crayons would not look like M&M's, so there's no
real brand recognition. We have a furniture company here called McDonald's
furniture. Since they aren't a restaurant, the McDonald's Restaurant corp.
hasn't shut them down.

--
Kandice Seeber
Air & Earth Designs
http://www.lampwork.net

ok so lets say I make Crayons and my name is Morris and my partner's name
is
Mitchell and we start a company called MnM, I would be sued for copyright
infringement, if that is the case nobody can ever have the initials MM.
Why
stop there lets sue everyone with the letter M on there packaging

I have a little trouble with copyright stuff sure I understand and agree
with not copying other company's products but if your using a similar name
but the product is not the same why should there be a problem its not like
I'm trying to attract candy customers and my beads don't have little arms
and eyes or even the M on them.

Don't gang up on me - just my opinion
--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"Cheryl" wrote in message
...

I think the trademarked name is M&M, not M n'M, so you may be safe on a
technicality.

-Kalera

NO - it isn't --
IT IS STILL an infringement -- because it is called "trademark"
dilution.
Cheryl
last semester of lawschool! yipee!
A HREF="http://www.dragonbeads.com" DRAGON BEADS /A
Flameworked beads and glass
http://www.dragonbeads.com/

snort That's a whole other issue altogether!! They look just like
yours, and they also have the M right on them. M&M's can pull that one for
sure.

--
Kandice Seeber
Air & Earth Designs
http://www.lampwork.net

Found this auction today, kind of on topic

http://cgi.ebay.com/ws/eBayISAPI.dll...tegory=34 070
--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"alex" wrote in message
news:vMXZb.374382$xy6.1935090@attbi_s02...
ok so lets say I make Crayons and my name is Morris and my partner's
name
is
Mitchell and we start a company called MnM, I would be sued for
copyright
infringement, if that is the case nobody can ever have the initials MM.
Why
stop there lets sue everyone with the letter M on there packaging

I have a little trouble with copyright stuff sure I understand and agree
with not copying other company's products but if your using a similar
name
but the product is not the same why should there be a problem its not
like
I'm trying to attract candy customers and my beads don't have little
arms
and eyes or even the M on them.

Don't gang up on me - just my opinion
--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"Cheryl" wrote in message
...

I think the trademarked name is M&M, not M n'M, so you may be safe on
a
technicality.

-Kalera

NO - it isn't --
IT IS STILL an infringement -- because it is called "trademark"
dilution.
Cheryl
last semester of lawschool! yipee!
A HREF="http://www.dragonbeads.com" DRAGON BEADS /A
Flameworked beads and glass
http://www.dragonbeads.com/

It doesn't matter, because they aren't making anything that even resembles
candy.

--
Kandice Seeber
Air & Earth Designs
http://www.lampwork.net
"alex" wrote in message
news:uJYZb.374572$xy6.1935684@attbi_s02...
what if that company was named 2M?

LOL

--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"vj" wrote in message
...
vj found this in rec.crafts.beads, from "alex"
:

]I was just wondering about the name and how can anyone
]sue because another company used M, MNM, MN'M, M's

well, there is 3M . . . they make totally different products.
you'd probably have to check the way Mars has written their trademark.


-----------
@vicki [SnuggleWench]
(Books) http://www.booksnbytes.com
(Jewelry) http://www.vickijean.com
newest creations: http://www.vickijean.com/new.html
-----------
The measure of the menace of a man is not what
hardware he carries, but what ideas he believes.-- Jeff Jordan

Companies like that have usually purchased a license to use the likeness.

--
Kandice Seeber
Air & Earth Designs
http://www.lampwork.net
"alex" wrote in message
news:ZEYZb.241725$U%5.1534224@attbi_s03...
I bought some chips ahoy's the other day and they had bits of colorful
candy
inside them that looked like whisper M&M's but they call them crunchy
candy bits
if you and I made these cookies we would be sued.

I understand it, just don't agree with it totally

--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"Cheryl" wrote in message
...

ok so lets say I make Crayons and my name is Morris and my partner's
name
is
Mitchell and we start a company called MnM, I would be sued for
copyright
infringement, if that is the case nobody can ever have the initials MM.
Why
stop there lets sue everyone with the letter M on there packaging

believe it or not -- it HAS HAPPENED..
McDonalds, Mars, and many other companies have sued other "legitimate"
but
similarly named companies....
didn't you see just recently the
settlement between MICROSOFT
the giant corporation - who was suing
a guy named Mike Rowe -- who put up a website named
MikeRoSoft
(one article here -
http://news.zdnet.co.uk/business/leg...9119249,00.htm )

like - you and I would confuse the two???
not likely - - but guess what -- they didn't like it!

Sorry Alex -- but you stated it correctly, you ' have a little trouble
with
copyright stuff"

Take my word for it -- you can't do it.
Mars once sued a person who took the miniature candy bars like you hand
out on
Halloween..... and dipped them in plastic, glued magnets to them - and
sold
them as refrigerator magnets...
guess who lost in court....
yeah - the little guy....


Cheryl
last semester of lawschool! yipee!
A HREF="http://www.dragonbeads.com" DRAGON BEADS /A
Flameworked beads and glass
http://www.dragonbeads.com/

From my legal experience it's walking that very fine line. If it looks like
a duck, walks like a duck, and quacks like a duck, then it's a duck. Same
thing with M&Ms. If it looks like them, even in glass, it's M&Ms. If
anyone can derive from that auction that they are M&Ms then it's a copyright
issue. Does that make sense?

I hate the fact that a lot of cool things are copyrighted. It severely
limits some of the really cool things I want to do, but I have been there
and done that. I'm not going to do it to myself even to make a point (which
I'm famous for doing.)


"alex" wrote in message
news:sQXZb.379997$na.569340@attbi_s04...
Found this auction today, kind of on topic

http://cgi.ebay.com/ws/eBayISAPI.dll...tegory=34 070
--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"alex" wrote in message
news:vMXZb.374382$xy6.1935090@attbi_s02...
ok so lets say I make Crayons and my name is Morris and my partner's
name
is
Mitchell and we start a company called MnM, I would be sued for
copyright
infringement, if that is the case nobody can ever have the initials MM.
Why
stop there lets sue everyone with the letter M on there packaging

I have a little trouble with copyright stuff sure I understand and agree
with not copying other company's products but if your using a similar
name
but the product is not the same why should there be a problem its not
like
I'm trying to attract candy customers and my beads don't have little
arms
and eyes or even the M on them.

Don't gang up on me - just my opinion
--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"Cheryl" wrote in message
...

I think the trademarked name is M&M, not M n'M, so you may be safe on
a
technicality.

-Kalera

NO - it isn't --
IT IS STILL an infringement -- because it is called "trademark"
dilution.
Cheryl
last semester of lawschool! yipee!
A HREF="http://www.dragonbeads.com" DRAGON BEADS /A
Flameworked beads and glass
http://www.dragonbeads.com/

They probably have a non-discloser agreement with the "other" company about
using colorful candy chipettes. We'll never know what they did, but I can
guarantee that their legal department didn't let that happen until an
agreement was signed.

"alex" wrote in message
news:ZEYZb.241725$U%5.1534224@attbi_s03...
I bought some chips ahoy's the other day and they had bits of colorful
candy
inside them that looked like whisper M&M's but they call them crunchy
candy bits
if you and I made these cookies we would be sued.

I understand it, just don't agree with it totally

--
Alex
http://www.jaychantell.com
Ebay ID - Jaychantell
"Cheryl" wrote in message
...

ok so lets say I make Crayons and my name is Morris and my partner's
name
is
Mitchell and we start a company called MnM, I would be sued for
copyright
infringement, if that is the case nobody can ever have the initials MM.
Why
stop there lets sue everyone with the letter M on there packaging

believe it or not -- it HAS HAPPENED..
McDonalds, Mars, and many other companies have sued other "legitimate"
but
similarly named companies....
didn't you see just recently the
settlement between MICROSOFT
the giant corporation - who was suing
a guy named Mike Rowe -- who put up a website named
MikeRoSoft
(one article here -
http://news.zdnet.co.uk/business/leg...9119249,00.htm )

like - you and I would confuse the two???
not likely - - but guess what -- they didn't like it!

Sorry Alex -- but you stated it correctly, you ' have a little trouble
with
copyright stuff"

Take my word for it -- you can't do it.
Mars once sued a person who took the miniature candy bars like you hand
out on
Halloween..... and dipped them in plastic, glued magnets to them - and
sold
them as refrigerator magnets...
guess who lost in court....
yeah - the little guy....


Cheryl
last semester of lawschool! yipee!
A HREF="http://www.dragonbeads.com" DRAGON BEADS /A
Flameworked beads and glass
http://www.dragonbeads.com/

I understand and agree
with not copying other company's products but if your using a similar name
but the product is not the same why should there be a problem

Hi Alex,
Let me start by saying that I do understand where you are coming from with your
thoughts on this.
But, if I could give an example, maybe you could see it from another perpective
also.

Say company A has spent a lot of time in the thinking up of, research,
marketing and sales pitch of their trademarked logo W&W.
They are now easily recognized by this. All of their hard work and money has
paid off.
They have a strict policy that anything behind the W&W trademark is of top
quality with 100% customer service.

Company B comes along and uses said logo for a completely different product.
Or they use a derivitive of it W and W.

Then along comes Betty Sue. She may not always put 2 & 2 together real well.
She buys something from company B. Maybe because this logo caught her eye.
However, company B isn't on the ball all the time...they totally screw up the
entire transaction. When Betty Sue finally gets her wingamajig, its
broken..and its ugly too.
Betty Sue goes and tells all of her friends...don't buy any products from the
W&W company...their service sucks, their products suck, and everything is
broken.

Now, company A looks like a flake.

I am certainly not saying that you are by any means company B...as a matter of
fact, I have been admiring your beads for days now. When the perfect one comes
along for me, you'll know. =o)
And I am also sure your customer service is top notch...you'd be silly to be
selling on the Internet and not have the best service you could offer.
So, any similarities that you see are just there to help make my point and not
to point at you...k?

That said...do you see why company A must strive very hard to protect their
trademarked name?

Beki
http://www.whimbeads.com

didn't you see just recently the
settlement between MICROSOFT
the giant corporation

My newest favorite oxy-moron (not to be confused with Oxy-clean
please...hehehe)

Microsoft Works

LOL

Beki
http://www.whimbeads.com