I need advice

Amtekoth · 09-07-2006, 11:27 PM

Hey folks,

I've received a "cease and desist" email from a large company that claims to own all uses of a word that I use in the title of my web comic (and in my web address). Infringes on their trademark, diluting it, etc, etc. My comic has NOTHING to do with their dolls and characters. My characters look NOTHING like theirs. My logo looks NOTHING like theirs. The phrase itself has been used only once in my strip itself in the last year and a half. I've been producing this strip for about 80 weeks now and it's built up a regular readership of a couple hundred visitors per day...respectable for a webcomic, but a pimple on the butt compared to this company. My comic has been licensed by a couple of companies that plan on running it in their publications for at least the next year, and I was just starting a big promotional push among other relevant companies. I was building up a BRAND, man.

This sucks.

I know I should consult a lawyer first, but I can't afford one. Based on what I've heard about trademark law, I probably don't stand a chance of winning against their deep pockets and it would cost me thousands of bucks in legal fees.

What should I do?

What would you do if they came after YOUR baby?

Ed

Biofungus · 09-07-2006, 11:32 PM

Try altering the name creatively.

I can think of a couple, but don't want to post them publically.

rummblestrips · 09-07-2006, 11:52 PM

Altering the title is the way to go. I would just take out one B and make it all one word. HOW can come after you if you've made up a whole new word?
AND, btw, I hate it when companies like that act like that. Maybe I'm just tired, but it took me a few minutes to even know which word you were referring to!
Bunch of assholes. I hope their product line gets destroyed by Barbie... never thought I'd say that....I hate Barbie.

Amtekoth · 09-08-2006, 12:02 AM

When I was originally looking for a title, I knew what I wanted to call it and went on a google hunt. I googled all the variants I could think of (in quotes), and found LOTS of web sites out there.

Then I came up with my current title. It was unique. No hits. After pimping it for 1.5 years, I now get 10,000 pages listed. I been a bizzy boi.

Ed

**Ron Phillips** · 09-08-2006, 12:14 AM

You would definitely need deep pockets to go up against MGA's Bratz franchise.

Funny thing, not that this is a funny situation, I never realized before in the few times I've read the strip that it was Lab Bratz and not Lab Ratz.

You could be creative with the name. Heaven knows there are enough knock offs of the doll line as it is.

I wish I could help. I know this would really bum me out.

D.J. Coffman · 09-08-2006, 12:41 AM

Holy crap.. I feel like a retard here, but I thought the name of your comic was Lab Ratz as well!

So there's your solution right there. Hell, even throw in some giant ratz and you're golden.

I'm guessing they do own the word BRATZ.

Which is LAME. I suggest just changing it to Lab Ratz or just ignoring them. Ther e is no trademark on the full word "Lab Bratz" --

D.J. Coffman · 09-08-2006, 12:43 AM

Ok-- another solution is to just go with BRATS as in LAB BRATS -- I know it's a pain, but you've built your name up, I dont think people would mind trading a Z for an S. It'll be a slight pain to edit the address, but show them you changed it and leave it at that.

Amtekoth · 09-08-2006, 01:11 AM

Googled:
"Lab Rats" 500,000 pages, including a TV show.
"Lab Brats" 1900 pages, including some science characters.
"Lab Ratz" 820 pages, including an indie band.

Pretty similar to when I looked almost 2 years ago. I have been thinking of just putting an umlat over the "a"s...

Calloway · 09-08-2006, 01:17 AM

uh...

Lab Bratzz

or

Lab Bratx (x has a z sound).

filthysize · 09-08-2006, 01:46 AM

I don't have an advice other than the ones already suggested, sorry.

I just want to say that this cheap heinous act is no surprise to me, because their franchise is constantly on my shitlist. Their dolls/cartoons/books are destroying America's youth like no other.

So you have my support, whatever legal course you choose to pursue. Screw those goatlovers up their collective pus-ridden rectums and hope they burn forever in the cold inhuman flames of Tartarus while their company bankrupts into millenias of debts.

Biofungus · 09-08-2006, 01:57 AM

No, really. Don't hold back. Tell us how you really feel.

spider · 09-08-2006, 06:30 AM

Give it a couple years, the franchise has lasted a lot longer than it should have, especially given the controversy surrounding it.
In the meantime, change the name, then when they go under, take the name back and parody their characters.

j giar · 09-08-2006, 08:49 AM

Quote:

Originally Posted by filthysize

I don't have an advice other than the ones already suggested, sorry.

I just want to say that this cheap heinous act is no surprise to me, because their franchise is constantly on my shitlist. Their dolls/cartoons/books are destroying America's youth like no other.

So you have my support, whatever legal course you choose to pursue. Screw those goatlovers up their collective pus-ridden rectums and hope they burn forever in the cold inhuman flames of Tartarus while their company bankrupts into millenias of debts.

Somebody needs a nap!!!
I agree with everyone....no better way to fuck these corporate, souless shitheads than to beat them at their own game. Your following seems loyal and big enough, a slight alteration in the name and use this incident to promote the comic. Not only do they get what they want...but they also get what they deserve.

jrod · 09-08-2006, 09:52 AM

Unless I missed something, everyone here forgot the most important part. Sending out a press-release announcing the name change as a result of legal pressure from MGA Entertainment.

BIGROD · 09-08-2006, 10:14 AM

Quote:

Originally Posted by jrod

Unless I missed something, everyone here forgot the most important part. Sending out a press-release announcing the name change as a result of legal pressure from MGA Entertainment.

Agreed!

Instead of getting too bent out of shape, use all of the advice given to you here and take this "little" speedbump and use it as ammunition. The ball's in your court.

09-07-2006, 11:27 PM	#1
Amtekoth Registered User Join Date: Aug 2004 Location: Madison, WI Posts: 371	I need advice Hey folks, I've received a "cease and desist" email from a large company that claims to own all uses of a word that I use in the title of my web comic (and in my web address). Infringes on their trademark, diluting it, etc, etc. My comic has NOTHING to do with their dolls and characters. My characters look NOTHING like theirs. My logo looks NOTHING like theirs. The phrase itself has been used only once in my strip itself in the last year and a half. I've been producing this strip for about 80 weeks now and it's built up a regular readership of a couple hundred visitors per day...respectable for a webcomic, but a pimple on the butt compared to this company. My comic has been licensed by a couple of companies that plan on running it in their publications for at least the next year, and I was just starting a big promotional push among other relevant companies. I was building up a BRAND, man. This sucks. I know I should consult a lawyer first, but I can't afford one. Based on what I've heard about trademark law, I probably don't stand a chance of winning against their deep pockets and it would cost me thousands of bucks in legal fees. What should I do? What would you do if they came after YOUR baby? Ed

09-08-2006, 12:14 AM	#5
Ron Phillips Are you terminal? Join Date: Jan 2002 Location: Some where under a deep blue sky. Posts: 4,105	You would definitely need deep pockets to go up against MGA's Bratz franchise. Funny thing, not that this is a funny situation, I never realized before in the few times I've read the strip that it was Lab Bratz and not Lab Ratz. You could be creative with the name. Heaven knows there are enough knock offs of the doll line as it is. I wish I could help. I know this would really bum me out. __________________ Ron Earl Phillips Buy Ron's Books - on Amazon Kindle Flash Fiction Friday - A community writing project Shotgun Honey - a blast of fiction to blow your mind Home \| Twitter \| Facebook \|MySpace

09-08-2006, 09:52 AM	#14
jrod the moose in the closet Join Date: Jan 2005 Location: Arlington, VA Posts: 1,294	Unless I missed something, everyone here forgot the most important part. Sending out a press-release announcing the name change as a result of legal pressure from MGA Entertainment. __________________ Jason Rodriguez Editor, Writer http://www.jasonrodriguez.com

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09-07-2006, 11:32 PM	#2
Biofungus Not for your amusement Join Date: Feb 2002 Location: Nega-Earth Posts: 22,083	Try altering the name creatively. I can think of a couple, but don't want to post them publically.

09-07-2006, 11:52 PM	#3
rummblestrips Moderately content Join Date: Oct 2002 Location: sitting on my watch, so I can be on time Posts: 1,759	Altering the title is the way to go. I would just take out one B and make it all one word. HOW can come after you if you've made up a whole new word? AND, btw, I hate it when companies like that act like that. Maybe I'm just tired, but it took me a few minutes to even know which word you were referring to! Bunch of assholes. I hope their product line gets destroyed by Barbie... never thought I'd say that....I hate Barbie.

09-08-2006, 12:02 AM	#4
Amtekoth Registered User Join Date: Aug 2004 Location: Madison, WI Posts: 371	When I was originally looking for a title, I knew what I wanted to call it and went on a google hunt. I googled all the variants I could think of (in quotes), and found LOTS of web sites out there. Then I came up with my current title. It was unique. No hits. After pimping it for 1.5 years, I now get 10,000 pages listed. I been a bizzy boi. Ed

09-08-2006, 12:41 AM	#6
D.J. Coffman Is a Juggernaut Join Date: Jan 2002 Location: Pittsburgh PA Posts: 1,672	Holy crap.. I feel like a retard here, but I thought the name of your comic was Lab Ratz as well! So there's your solution right there. Hell, even throw in some giant ratz and you're golden. I'm guessing they do own the word BRATZ. Which is LAME. I suggest just changing it to Lab Ratz or just ignoring them. Ther e is no trademark on the full word "Lab Bratz" --

09-08-2006, 12:43 AM	#7
D.J. Coffman Is a Juggernaut Join Date: Jan 2002 Location: Pittsburgh PA Posts: 1,672	Ok-- another solution is to just go with BRATS as in LAB BRATS -- I know it's a pain, but you've built your name up, I dont think people would mind trading a Z for an S. It'll be a slight pain to edit the address, but show them you changed it and leave it at that.

09-08-2006, 01:11 AM	#8
Amtekoth Registered User Join Date: Aug 2004 Location: Madison, WI Posts: 371	Googled: "Lab Rats" 500,000 pages, including a TV show. "Lab Brats" 1900 pages, including some science characters. "Lab Ratz" 820 pages, including an indie band. Pretty similar to when I looked almost 2 years ago. I have been thinking of just putting an umlat over the "a"s...

09-08-2006, 01:17 AM	#9
Calloway I haz cookiez an kool-aid Join Date: Jan 2002 Location: Earth Posts: 9,385	uh... Lab Bratzz or Lab Bratx (x has a z sound).

09-08-2006, 01:46 AM	#10
filthysize n00b Saibot Join Date: Jun 2006 Location: San Francisco Posts: 27	I don't have an advice other than the ones already suggested, sorry. I just want to say that this cheap heinous act is no surprise to me, because their franchise is constantly on my shitlist. Their dolls/cartoons/books are destroying America's youth like no other. So you have my support, whatever legal course you choose to pursue. Screw those goatlovers up their collective pus-ridden rectums and hope they burn forever in the cold inhuman flames of Tartarus while their company bankrupts into millenias of debts.

09-08-2006, 01:57 AM	#11
Biofungus Not for your amusement Join Date: Feb 2002 Location: Nega-Earth Posts: 22,083	No, really. Don't hold back. Tell us how you really feel.

09-08-2006, 06:30 AM	#12
spider Still has his job, HA! Join Date: May 2003 Location: Up my own ass. Posts: 2,220	Give it a couple years, the franchise has lasted a lot longer than it should have, especially given the controversy surrounding it. In the meantime, change the name, then when they go under, take the name back and parody their characters.