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Protecting your Name
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[Nick Griffin] “I also agree with Tim A. If someone has to tell you they’re creative they’re probably not. This is the same reason we all need to steer clear of people who tell you how honest they are.”
By George, I think you guys have stumbled on something that will definitely sell big in Hollywood. From this point forward, my new approach to sales is going to be, “we are the most dishonest and most uncreative people in the business, hire us.”
David Roth Weiss
Director/Editor
David Weiss Productions, Inc.
Los AngelesPOST-PRODUCTION WITHOUT THE USUAL INSANITY ™
A forum host of Creative COW’s Business & Marketing, and Indie Film & Documentary forums.
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[Nick Griffin] “With the noted exception of Todd Terry, which of you would not be ready to fight if someone, even tangentally related, came into your space using a similar name to one you had spent years building?”
No no, my comments have been misconstrued.
If someone moved in next door to me (or even in my city, or region) used my company name and was in the same business as me… then yes I would be upset and take appropriate action.
We are actually fairly vigilant about protecting intellectual property, and one of the attorneys that we keep on retainer is indeed a trademark/copyright/patent specialist.
I was just saying that like Brendan (beenyweenies), I didn’t see an obvious confusion with the Blue Cow name nor would I have made an immediate mental connection/confusion with Creative COW. Frankly, it would have never crossed my mind. Others here obviously think differently, with reactions ranging from offense to repugnantion (is that a word?).
If Kathlyn and Ron feel that their company name has been compromised (and I notice neither of them have complained about it on this thread), then by all means then they should seek relief. I’m just saying that in this particular instance if it were me in their shoes, I don’t think that the name Blue Cow would particularly ruffle my feathers…er…fur…or hide…or whatever it is that cows have.
But hey, that’s just me.
T2
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Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com
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[Todd at Fantastic Plastic] “If Kathlyn and Ron feel that their company name has been compromised (and I notice neither of them have complained about it on this thread), then by all means then they should seek relief.”
Let’s just say that our attorneys are and will continue to do our talking for us.
As Abraham Lincoln said long ago: “Just because you have silenced a man, does not mean that you have compromised him.”
Silent — but you can guess the rest,
Ron Lindeboom
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[Todd at Fantastic Plastic] “If Kathlyn and Ron feel that their company name has been compromised (and I notice neither of them have complained about it on this thread), then by all means then they should seek relief.”
If the Creative COW is using legal avenues, you would not see Ron or Kathlyn make any comment about it in any Cow forum.
Walter Biscardi, Jr.
Biscardi Creative Media
HD and SD Production for Broadcast and Independent Productions.STOP STARING AND START GRADING WITH APPLE COLOR
The new Color Training DVD now available from the Creative Cow! -
[walter biscardi] “If the Creative COW is using legal avenues, you would not see Ron or Kathlyn make any comment about it in any Cow forum.”
Yes, this is exactly what I’ve been thinking. Their silence does not mean that they aren’t doing something about this matter.
I am glad to read Ron’s reply, even if it isn’t saying anything more than that the COW has hired lawyers to pursue this matter. I would have, especially as it’s pretty clear that Plastercity Digital has used the COW over the years. Just search on the word Plastercity.
Mark
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You all have got to be kidding. There is NO confusion at ALL. This website is an online publication about making movies ( and other stuff) . They make movies and other stuff. Their website is about THEM making movies.
Extend the thinking. Creative cow talks about sound stuff. The creative SoundBlaster company make sound stuff. Who registered and used the name first? Hmmmmmmmmmm.
Its a web thing? Tucows had the word cow in a web thing 10 years ago. Hmmmmmmmmmm.
That cow image? a search on Google images for “cow clipart returns 662 entries – most have brown and green and blue in them.
milkcowcreative.com has a picture of a cow, domain name registered in 2004 same as creative cow.
holycowcreative.com registered in 2001, no cow though.
Leave the lawyers at the bottom of the sea. Please
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Obviously you are not really in business, are you, George?
In business, your name is one of your most important assets. You can argue that it is you and not your name the customers are buying but when customers get confused by names that encroach on your own, then you have to protect your own name.
As any good lawyer will tell you your trademark is only as valuable as your willingness to protect it.
Sorry to disagree with you but only someone with no investment in their business would buy your advice, George. And then they better be ready to change their name every time that they build some value into it.
Mark
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Hello Mark,
George would likely disagree with you and that is quite okay. I would agree with you on points and disagree on others.
I, for one, believe that the greatest name you can give your company is your own name and I have recommended many to do that over the years. I have had friends argue that “Post Production International” is a great name. I have told them many times that the only thing in their business that won’t change, is their own name. “You’ll likely be there until the doors close in most cases, so use your own name,” I like to recommend to them.
But that said, there is no way we could have named this site after either Kathlyn or me — or even Cowdog. (Though he’d argue that he’d make a great corporate moniker, doggone it!)
In the end, I would say that in most all cases, especially in ones such as we find ourselves in now working with lawyers to do all that we are legally responsible and compelled to do under the circumstances, we would always recommend that if at all possible, use your own name.
Your own name is the easiest to protect.
Best regards,
Ron Lindeboom
https://www.linkedin.com/in/ronlindeboom
Publisher, Creative COW Magazine
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[Rennie] “Starbucks suffered boycotts and a ton of bad PR while HaidaBucks gained a ton of advertising.”
Well, it’s got my attention now, too. The next time we’re in Masset I’m stopping in for a coffee. Even if we have to drive from the southern end of Moresby Island to do it.
– Don
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Add me to the list of people that never remotely drew a connection between the COW and Blue Cow Creative. If the Creative COW was a post house or BCC was an industry internet forum or portal I might have, but they are two separate beasts (no pun intended).
-A
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