just a heads up RE: go deep

[Slappy8800]

i see Papa John's is using the phrase now..i dont want ya'all gettin in trouble for using it as well

 

[CrunchTime]

Papa Johns is in trouble if FH used the slogan first.It depends on whether the slogan was copywrited.

 

[Celtkin]

Papa Johns is in trouble if FH used the slogan first.It depends on whether the slogan was copywrited.

It depends. We had a similar situation with Computersetc. We own the trademark but there is a store in Tenn that also uses the mark and claimed that they owned it, though they never registered it. We fought it and it turns out that since they only use it for local commerce for services and we use ours for intrastate commerce to sell goods, we are not stepping on each other's toes to any degree that matters to the courts. My guess is that FH probably never got a trademark and it wouldn't matter anyway. FH is not using the mark in commerce.

JJ may have a clearer way to 'splain it

 

[inFINSible]

That sounds reasonable Celtkin.....also, would it make a difference if we proved that we were using it first?

That should be easy to do although, it wouldn't surprise me to find out it had been used before us, by someone else.

 

[Celtkin]

That sounds reasonable Celtkin.....also, would it make a difference if we proved that we were using it first?

That should be easy to do although, it wouldn't surprise me to find out it had been used before us, by someone else.

Yes, the first person to use is actually owns the mark, even if it is not registered. Another major consideration is how the mark is used. FH uses it as a tagline and they use is it in commerce. It is possible to have several people using the same mark but for different purposes.

I checked the Trademark office records and found 4 uses of the simple term "Go Deep". Three are active and none of them are owned by Papa Johns.

 

[Jimmy James]

JJ may have a clearer way to 'splain it

Even when JJ is an attorney, JJ will have no clue about this. JJ has had no exposure to IP law and plans on keeping it that way. :D

 

[Celtkin]

Even when JJ is an attorney, JJ will have no clue about this. JJ has had no exposure to IP law and plans on keeping it that way. :D

Smart move, bro

 

[inFINSible]

Yes, the first person to use is actually owns the mark, even if it is not registered. Another major consideration is how the mark is used. FH uses it as a tagline and they use is it in commerce. It is possible to have several people using the same mark but for different purposes.

Would merchandise sales, with the term, be commerce?

I checked the Trademark office records and found 4 uses of the simple term "Go Deep". Three are active and none of them are owned by Papa Johns.

Then there you go, with their national visibility and the fact that they don't own it, we should be good to go. :D

 

[Celtkin]

Would merchandise sales, with the term, be commerce?



Then there you go, with their national visibility and the fact that they don't own it, we should be good to go. :D

I would suggest adding "TM" to the mark. If you choose to file for the trademark, once it is awarded, you can change the TM the circled "R"

 

[cnc66]

 

[fin-atic]

We are fine. We used it first and have rights, even if it is not registered. Celtkin is right. I am sure it is a non-issue as we are really not a competing product.

 

[Celtkin]

We are fine. We used it first and have rights, even if it is not registered. Celtkin is right. I am sure it is a non-issue as we are really not a competing product.

Would you also recommend we start using the 'TM' to preserve any prior claim