Rickenbacker sues Jason Lollar for trademark infringement

[Dave W]

Thread at the Steel Guitar Forum

The only reason RIC was able to get a trade dress trademark on the horseshoe is because the USPTO has become so lax in approving patents and trademark applications that clearly don't qualify under the law. You can't trademark function, you can't trademark the appearance of an item unless it has a trade dress distinct from its functionality, and you can almost never trademark an item that has previously been patented -- yet they got their trademark. Problem is, it takes big money to defend yourself against a trademark suit -- recently I've read anywhere from $500K to $2 million -- and RIC knows that Lollar almost surely doesn't have the wherewithal. Even taking action to get their trademark cancelled would take big bucks. This is why Rick Aiello stopped making horseshoes a few years ago.

It's a shame. And RIC doesn't even make a real horseshoe pickup.

[uwe]

The cool way to do this would be to ask for a symbolic license fee from Herr Lollar and be done with it. But Ric has never been cool about anything.

[Dave W]

The cooler thing to do would be not to abuse the broken trademark process in the first place.

[dadagoboi]

The cooler thing to do would be not to abuse the broken trademark process in the first place.

Totally agree, Dave.

Uwe, please become familiar with the ORIGINAL intent of U.S. intellectual property laws.  They have been totally subverted by corporations to give them unfair advantage.

[uwe]

I assume that not doing anything against Herr Lollar gives them the fear of relinquishing something for the future - offering him a license fee arrangement for sales going forward would solve that and he could always add it to the sales price. Let's face it, if anybody wants a horsehoe that won't deter him, he'll pay the asked for price. It's a product for disciples.

Hey, I'm not just a litigator, I'm also an amicable dispute resolver! And I'm neither an IP rights basher who thinks everything should be free (coming from an engineering and inventions country like Germany, that could hardly be expected, could it?   ) nor someone who thinks you should knock'em dead for any and all infringements. I'm somewhere comfortably numb in between.

[dadagoboi]

I quit designing furniture when I walked into Target and saw a chair for which I owned a design patent.  I knew the (China/Taiwan) factory I designed it for had presented it to them.  They took the sample to another manufacturer to copy instead of paying at most the 2% more it would have cost them to buy it from my factory.  I couldn't afford lawyers to match Target's so my 'innovation' became their profit.  A similar thing happened with Walmart.  Needless to say, if I could shoplift at either store and get away with it I would.

Many established companies devote less capital to innovation than they do to strategies to stifle competition.   By and large they believe in laws only as a means to an end.

[Hörnisse]

 Needless to say, if I could shoplift at either store and get away with it I would.

They have cameras everywhere.

http://www.kvue.com/news/local/Man-charged-with-theft-after-wallet-goes-unreturned-165500846.html

[uwe]

Did he really believe that someone else had left a wallet with 2.000 bucks for him to find?

[godofthunder]

   This is exactly why I didn't patent the Badbird. I if did the patent I could not afford to litigate on it's behalf nor could I build it. Patents are great for corps. with deep pockets.

I quit designing furniture when I walked into Target and saw a chair for which I owned a design patent.  I knew the (China/Taiwan) factory I designed it for had presented it to them.  They took the sample to another manufacturer to copy instead of paying at most the 2% more it would have cost them to buy it from my factory.  I couldn't afford lawyers to match Target's so my 'innovation' became their profit.  A similar thing happened with Walmart.  Needless to say, if I could shoplift at either store and get away with it I would.

Many established companies devote less capital to innovation than they do to strategies to stifle competition.   By and large they believe in laws only as a means to an end.

[godofthunder]

Btw I think Rickenbaker is cutting off it's nose to spite it's face.

[Hörnisse]

Did he really believe that someone else had left a wallet with 2.000 bucks for him to find?

And he would have gotten away with the theft if not for all the surveillance cameras.

[weekend warrior]

In my opinion. John Hall cuts off his nose despite his face everyday. He doesn't care what anyone thinks or feels. He is all about money. That is why I will never, ever, buy a new rick! I will not support his facist regime! I wish the average consumer would do their homework as well.If they did, Hall would be panhandling on the street!

[Dave W]

I won't buy another new Rick, that's for sure. He's entitled to protect his brand, but this is the worst kind of trademark bullying, and it's a bogus trademark to boot.

[weekend warrior]

It would be different if it Was his brand! He inherited rick thru his Dad who isn't his real dad at all. He was adopted! Your right though. He is a major bully.Hall is the worst kind of business owner! GREEDY!!

[drbassman]

It's also about power and pushing people around.