Discussion:
What is the name of your state? CALIFORNIA
hello everyone, PLEASE HELP! i had questions in regards to
trademarking. is it possible for someone to "say" they own a pageant
title "MISS ASIA", and meaning no one else can have anything else
behind the two words miss asia? example would be miss asia blahblah ,
miss asia blah , miss asia blahblahblah.... ? the situation right now
is my buddies are going through this problem. They own Miss asia
northern california. but the other pageant, miss asian america is
trying to press charges for infringment, even though the two are
CLEARLY different!? on top of everything else, THEY DO NOT OWN THE
TITLE MISS ASIA!! someone else owns it and it is labeled abandoned when
i did the trademark research....please let me know , thank you.
also, Miss Asia Northern California logo and the miss asian america
logo are completely different.... the names ASIA and ASIAN are clearly
different...they are america, and my friends are northern
california.....thats crazy for someone to try and make $5k
from.....(yes thats what they want from my friends, also the other
pageant said to drop EVERYTHING...and basically abandon the domain...
and the flyers/posters which they spent over 2k on producing....and
give whatever sponsor money was made to them! that doesnt sound very
right....)...sounds downright like they are trying to push the other
competitors away...please help me judge to see if that is right or
wrong!?
Answer:
A clear case of reverse discrimination....
Answer:
The "Miss Asia" is a registered trademark.
Lose it or pay to use it.
Answer:
A clear case of direct discrimination....
Answer:
miss asia is not owned by the people that are trying to ask us for money......the people who are trying to sue us OWNS miss asian america**************.once again we are miss asia northern california.
" A clear case of direct discrimination...."
...i think that might be..alot of people are telling us that they have 20yrs of experience and they are trying to push their competitors away. we have a very professionalized website and we have everything developed and promoting very smoothly. Maybe that is why they are trying to sue because we have alot of supporters to help get our pageant name out.
on top of everything else they want us to drop all our activities with the name and ask us for $5k of compensation money because we "damaged" their popularity or something. would they have a strong case on us? help pls. thank you in advanced
Answer:
miss asia is not owned by the people that are trying to ask us for money......the people who are trying to sue us OWNS miss asian america**************.once again we are miss asia northern california.
" A clear case of direct discrimination...."
...i think that might be..alot of people are telling us that they have 20yrs of experience and they are trying to push their competitors away. we have a very professionalized website and we have everything developed and promoting very smoothly. Maybe that is why they are trying to sue because we have alot of supporters to help get our pageant name out.
on top of everything else they want us to drop all our activities with the name and ask us for $5k of compensation money because we "damaged" their popularity or something. would they have a strong case on us? help pls. thank you in advanced Then you go right ahead and spend Thousands to defend an undefendable position then you can come back here and post on the Bankruptcy forum.
Answer:
Then you go right ahead and spend Thousands to defend an undefendable position then you can come back here and post on the Bankruptcy forum. ...i dont know if you really read any of the posting correctly...the people who are trying to sue us is NAMED "Miss Asian America"**************..... ours once again is "Miss Asia Northern California"**************...... miss asian america claims we cannot use the words miss asia....although, i did trademark researching with professional lawyers, that is not possible .... and there are many other pageants out there that use the word miss asia...... ... once again..." MISS ASIA" has nothing to do with the company trying to sue us.
Answer:
...i dont know if you really read any of the posting correctly...the people who are trying to sue us is NAMED "Miss Asian America"**************..... ours once again is "Miss Asia Northern California"**************...... miss asian america claims we cannot use the words miss asia....although, i did trademark researching with professional lawyers, that is not possible .... and there are many other pageants out there that use the word miss asia...... ... once again..." MISS ASIA" has nothing to do with the company trying to sue us. Your clarification leaves me more puzzled than I was before.
although, i did trademark researching with professional lawyers, that is not possible
So why are you on this internet forum?
Answer:
I just wanted more advice while this was in process with the lawyers that were dealing with locally.....
you mentioned it left you more confused. how may that leave you more confused? pls reply, thanks in advanced
Answer:
...how may that leave you more confused?....
What does this mean?
Answer:
I meant how did my last posting confuse you even more. But that is fine. No need to answer that anymore.
In on final form. Lets just say that miss asian america vs miss asia northern california...both logos are different..... AND both parties do not own "MISS ASIA"...... how would that come out to be? Will miss asian america have a case on miss asia northern california.....
both reside in san francisco. but both are trademarked by different people.
THANK YOU ONCE AGAIN.
Answer:
I meant how did my last posting confuse you even more. But that is fine. No need to answer that anymore.
In on final form. Lets just say that miss asian america vs miss asia northern california...both logos are different..... AND both parties do not own "MISS ASIA"...... how would that come out to be? Will miss asian america have a case on miss asia northern california.....
both reside in san francisco. but both are trademarked by different people.
THANK YOU ONCE AGAIN. The test for trademark infringement is "confusingly similar," not "exactly the same." If a court would find that a "typical consumer" of the goods and services provided would likely to be confused about the origin of one or the other good or service, then infringement exists. You are both pageants, you are both in the same geographical area, and the names both use "Miss Asia" or a derivative of that term -- based solely on what you've written, it sounds like the case against you is pretty strong. But since you have lawyers working on this, who have access to all of the facts, listen to them, they can provide better information based that this forum can.
Answer:
The test for trademark infringement is "confusingly similar," not "exactly the same." If a court would find that a "typical consumer" of the goods and services provided would likely to be confused about the origin of one or the other good or service, then infringement exists. You are both pageants, you are both in the same geographical area, and the names both use "Miss Asia" or a derivative of that term -- based solely on what you've written, it sounds like the case against you is pretty strong. But since you have lawyers working on this, who have access to all of the facts, listen to them, they can provide better information based that this forum can. Sounds like our poster WANTS to be confused with the other bunch.
We can't get clear answers out of him and I suspect he has gone long away.