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Started By
Message
re: Prop Stop sends cease and desist letters to BRB and Sun Buns
Posted on 5/29/25 at 7:32 am to RanchoLaPuerto
Posted on 5/29/25 at 7:32 am to RanchoLaPuerto
quote:
I ain’t no IP lawyer, but I thought if you were using it and it already has secondary recognition, they can’t stop you just because they register it.
The secondary meaning is what would help make it “trademarkable.” But regarding the first in use, if she was able to register it, then the burden is on a challenger to show first use (and/or that it lacks secondary meaning, is merely descriptive etc.)
In this case the would-be challenger did the smart thing and pivoted. Wasn’t worth it to challenge (presumably).
0
Posted on 5/29/25 at 7:37 am to elprez00
quote:
How can you copyright a drink that’s common lexicon? A Tom Collins is a Tom Collins. A screwdriver is a screwdriver.
It’s trademark. Not copyright. And the inventors (I mean, that’s a stretch, like “inventing” peanut butter) of those things could have likely theoretically been able to TM the names (they’re not descriptive of alcoholic beverages), but obviously now it would be impossible. Those terms have become generic through many years of use without any registration or other evidence of ownership.
This post was edited on 5/29/25 at 8:06 am
Posted on 5/29/25 at 7:39 am to BabyTac
quote:
River bar
Tattoos
Alcohol
…no thanks.
Completed with modern "country" music.
This post was edited on 5/29/25 at 7:40 am
Posted on 5/29/25 at 7:40 am to NatalbanyTigerFan
Pure trash
Posted on 5/29/25 at 7:42 am to LSUballs
quote:
trashy
But in an oh so wonderful way.
Spent a many a day at blind river bar with a clapped old aluminum boat, a motor that might not start and probably not enough gas to get back anyway. Fun times.
Posted on 5/29/25 at 7:43 am to BabyTac
quote:
River bar
Tattoos
Alcohol
and you forgot.
Cayden's with more boat than brains..
Posted on 5/29/25 at 7:43 am to NatalbanyTigerFan
maybe make it a white russian and call it a jizz bucket?
Posted on 5/29/25 at 7:48 am to RibsandWhiskey
A few years ago, it had certainly had devolved into rap music that brought a lot of trashy people.
So the modern county on Saturday was a nice change and more like good LSU tailgate music.
So the modern county on Saturday was a nice change and more like good LSU tailgate music.
Posted on 5/29/25 at 7:52 am to Bullfrog
quote:
the modern county on Saturday
Sounds like Cocaine Kathy is trying to regain some of the local customers that she ran off in the first few years of ownership.
Posted on 5/29/25 at 7:54 am to Mo Jeaux
quote:
How do you know this? Isn’t that an issue that would be litigated?
I understand sending out cease and desist letters to protect a trademark. My question here is whether the trademark is all that valuable to begin with.
Umm maybe because I know the law and have litigated this issue before unlike that clueless moron that wrote that letter?
You can't just suddenly register a trademark you've long since lost the right to challenge and then threaten to litigate it.
Registration only grants some limited procedural rights, not substantive ones.
A trade mark is substantively establish by first use in a geographic territory, not simply by registration.
If you don't promptly challenge violators you lose your trademark. Which is why big name companies lose their chit if someone adopts their name etc. Registration has almost nothing to do with it.
If Coca Cola forgot to registrar Coke as a trademark, and I pay $60 to the Secretary of State for one, you think I can then threaten to sue Coke for violating my freshly printed trade mark registration?
Posted on 5/29/25 at 7:56 am to MRTigerFan
quote:
They should change the name from mud bucket to squirm bucket
Or they could try Wyrm or Wurm bucket
Posted on 5/29/25 at 8:01 am to BabyTac
quote:
River bar Tattoos Alcohol …no thanks.
You left out herpes and skin cancer
Posted on 5/29/25 at 8:03 am to TigerGman
You don’t have to be a dick. I didn’t know that you were an IP lawyer. I was only asking. Unlike the denizens of the OT, I do not know anything about IP law.
Posted on 5/29/25 at 8:04 am to NatalbanyTigerFan
She has a new partner this go round that is better organized. It’s an improvement.
Posted on 5/29/25 at 8:05 am to Mo Jeaux
LMAO.
I just checked the Secretary of State.
They lost the trademark years ago:
Type(s) Registered: TRADEMARK
Registered Name: WORMBUCKET
Applicant: KBT5, LLC
32964 PAILLE LN
SPRINGFIELD, LA 70462
Type Of Business: ALCOHOLIC BEVERAGE
Book #: 56-4796
Current Status: INACTIVE
Inactive Reason: EXPIRED
They just a few weeks ago re-registered it! Opps!
I just checked the Secretary of State.
They lost the trademark years ago:
Type(s) Registered: TRADEMARK
Registered Name: WORMBUCKET
Applicant: KBT5, LLC
32964 PAILLE LN
SPRINGFIELD, LA 70462
Type Of Business: ALCOHOLIC BEVERAGE
Book #: 56-4796
Current Status: INACTIVE
Inactive Reason: EXPIRED
They just a few weeks ago re-registered it! Opps!
Posted on 5/29/25 at 8:06 am to DownshiftAndFloorIt
quote:
But in an oh so wonderful way.
Spent a many a day at blind river bar with a clapped old aluminum boat, a motor that might not start and probably not enough gas to get back anyway. Fun times.
DITTO. Can't say I'd do it every summer weekend but an occasional trek over there to people watch is fun
Posted on 5/29/25 at 8:09 am to Bullfrog
quote:
She has a new partner this go round that is better organized. It’s an improvement.
I'm guessing it's the lesbian couple that owns Riverstop Marina that's helping her this time around.
Posted on 5/29/25 at 8:09 am to RanchoLaPuerto
quote:
I ain’t no IP lawyer, but I thought if you were using it and it already has secondary recognition, they can’t stop you just because they register it.
Correct. Only thing it can do is stop you from expanding with it, like if they wanted to open a similar business on a different river.
Posted on 5/29/25 at 8:11 am to Mo Jeaux
quote:
You don’t have to be a dick. I didn’t know that you were an IP lawyer. I was only asking. Unlike the denizens of the OT, I do not know anything about IP law.
Ok granted. I am in a feisty mood this morning.
But I'm really just trying to point out to everyone just how clueless the lawyer that wrote that cease desist letter is. If the prop stop gets decent legal advice they can serve a new drink too, and call it the Cease and Desist!
Posted on 5/29/25 at 8:12 am to NatalbanyTigerFan
This is how you respond to pettiness
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