I just got a massively intimidating letter from the Ironman corporation's attorneys (all 37 of them listed on the top of the letter) ordering me to cease and desist from selling Ironmom shirts (though I will point out to them that I only created the shirt for me and have made exactly $0 selling shirts.) Apparently, though Ironmom is not trademarked, (nor is Ironskillet, Wrought Iron Railings, my Iron Tablets that I take for anemia or many other uses of the word Iron, I would point out), it is "confusingly similar" to the word Ironman and therefore I cannot have my Ironmom shirt for Christmas.
Bah Humbug.
About Me
- Robin
- I'm currently an unschooling mom of two, but have been many things at different times in my life. I've worked at Microsoft, played in a punk band, been on a skydiving team, climbed Mt. Kilimanjaro, traveled, and adventured around. My main passions right now are photography, competing in triathlons, writing (novels, short stories, poetry, non-fiction), coaching a Team in Training triathlon team, coaching a FLL robotics team that my kids are on, and trying to make our house and land more sustainable.
Ironman Florida 2006
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6 comments:
woah... how unfair is that!?!? very uncool for them to bully you - no way that their contention would hold H20 if battled, but they know the little guy won't fight the big bad 37 lawyer behemoth...
booo! I think it's silly unless they plan to fill that need themselves. I mean, really, it's just free advertising. A cute fit girl wearing a name someone might mistake for theirs? Their mistake!
I saw other stuff on another blog I believe... about being told to remove all Ironman logos from her blog about training! WTF? It's again just free advertising.
It's sad to me that they feel the need to stop people from sharing love for triathlon through what happens to be the logo of one company. Hahaha... if the 101 series came up with a better logo and allowed that it would be one more time they are listening to athletes where IM isn't ;)
I agree. I mean, it's not like Joe Ironman dude is going to accidentally mistake my Ironmom shirt for a bona fide Ironman shirt and buy it, thus depriving the Ironman corp. of their rightful massive profits (no wait, I'd have to sell my shirts for $45 apiece, or no one would mistake them for Ironman shirts, bwa ha ha). I'd start on a rant about the good old days of triathlon, but that would just make me sound like an old fogey...
geez. don't they have better things to do.
i think you should register the Ironmom trademark. if it's anything like copyrighting a song, it doesn't cost much.
then you could tell them to go boink themselves.
Don't worry about it: it is usual for corporations to send 'fire and brimstone' letters like this. Send them one back saying their claims are "without merit or foundation" and asking them if they think the media will be interested in an "iron" coproration bullying a Mother.
Just like the last comment...
To bad they cannot legally stop you from producing or even selling the product. If the name is not a TM then they can only send you a letter. Large companies looking for money try and do this. It is a scare tactic that has been around since the U.S. Patent Office.
Reason, a name or phrase that is used generically cannot be trademarked. An application must prove it is not generic before the U.S. Patent Office will all it to become a TM. It would be like allowing Paris Hilton to TM "that's hot." It is not possible due to a piece of paper called the U.S. Constitution. However, if a company is able to scare millions into thinking they can be sued, well the name will become as general as Ironman and therefore they will be allowed by the U.S. Patent Office to TM Ironmom.
Companies spend millions each year in doing attacks like this. None get reported though and the companies finally win. They will wait years and years before they attempt to TM something. Use the Ironmom if it is not a TM.
Next time send them a link to the U.S. Patent Office website and have them explain why they are illegally TMing an item. Also, if you can prove that you or others have used this term before the Ironman Company, you have another battle you could win.
Fines such as $500 per offense are given out to false TMs and Patents.
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