CARVER USING THE NAME "CHERRY"???? SERIOUSLY?

AmpDesigner333 · « **on:** 19 Apr 2012, 03:13 pm »

We found out recently that Carver has an amp out called "Cherry". Can't help but feel violated. Seeking advice on this matter. Is this just another case of a little company getting stepped on by a bigger one? What do you think?

Big Red Machine · « **Reply #1 on:** 19 Apr 2012, 03:32 pm »

I'm guessing here: has he heard of your company? Is he thinking that a product in his portfolio called Cherry is fair game versus him starting up a new company called Cherry?

Wayner · « **Reply #2 on:** 19 Apr 2012, 04:28 pm »

If your name is copyrighted to your product, then you have a legal option, if not, Bob probably beat you to it.

Wayner

AmpDesigner333 · « **Reply #3 on:** 19 Apr 2012, 05:15 pm »

Quote from: Wayner on 19 Apr 2012, 04:28 pm

If your name is copyrighted to your product, then you have a legal option, if not, Bob probably beat you to it.

Wayner

We have "common law" rights to this mark based on use since 2008 (or earlier).....
Cherry (TM)

ptmconsulting · « **Reply #4 on:** 19 Apr 2012, 05:32 pm »

Can't hurt to call him and have a discussion. But first I think I would consult a patent attorney and know your options.

mhconley · « **Reply #5 on:** 19 Apr 2012, 05:47 pm »

Looks like they are using Cherry as a color descriptor. Carver has both Cherry (red) and Black VTA180M and VTA305M amplifiers. I don't see the name Cherry on the unit.

Martin

SlushPuppy · « **Reply #6 on:** 19 Apr 2012, 06:01 pm »

Quote from: mhconley on 19 Apr 2012, 05:47 pm

Looks like they are using Cherry as a color descriptor. Carver has both Cherry (red) and Black VTA180M and VTA305M amplifiers. I don't see the name Cherry on the unit.

Martin

The amp is clearly called the Cherry 180 in the manual:

http://www.bobcarver.com/pdf/VTA180M_Manual_v2.12.pdf

werd · « **Reply #7 on:** 19 Apr 2012, 06:07 pm »

You guys should have a sound - off to see who keeps the name...

Rclark · « **Reply #8 on:** 19 Apr 2012, 06:33 pm »

He probably has no idea. I've been reading these types of forums for over 5 years and I still come across brands I've never heard of. There are probably more manufacturers of audio gear than stars in the sky.

I think you both should keep the name. You'll get Carver guys looking at your stuff and visa versa.. You're the whole brand,Ss, he's just a line of tube amps with that name. Could be advantageous to not raise a stink.

I mean, it's Bob Carver, not some offshore company building crap ss gear and blatantly ripping your name and logo on everything.

AmpDesigner333 · « **Reply #9 on:** 19 Apr 2012, 06:39 pm »

Quote from: SlushPuppy on 19 Apr 2012, 06:01 pm

The amp is clearly called the Cherry 180 in the manual:

http://www.bobcarver.com/pdf/VTA180M_Manual_v2.12.pdf

See what I'm talking about?

AmpDesigner333 · « **Reply #10 on:** 19 Apr 2012, 06:40 pm »

Quote from: werd on 19 Apr 2012, 06:07 pm

You guys should have a sound - off to see who keeps the name...

Good one!

poseidonsvoice · « **Reply #11 on:** 19 Apr 2012, 06:42 pm »

Quote from: AmpDesigner333 on 19 Apr 2012, 05:15 pm

We have "common law" rights to this mark based on use since 2008 (or earlier).....
Cherry (TM)

So I take it that you OWN the trademark (i.e you own the registration) to the word 'Cherry' as it references to your amplifier design?

Best,
Anand.

Wayner · « **Reply #12 on:** 19 Apr 2012, 07:00 pm »

Unless the trademark name is registered, you may not much to fight with.

While I'm not an attorney, I do have 3 US patents, and clearly, the guy who get's his name, or phrase or slogan registered, is the clear cut winner.

Rather then duke it out with Bob, I'd also suggest a phone call and see what that will lead to. Bob's amps are in the Music Direct catalog, and the title is

"Cherry 180 Monoblocks". I guess he did use the name Cherry, but he also used the quantifier, "180" in his product title, so IMHO, you do not have a naming conflict.

I'd let it go...............

Wayner

roscoeiii · « **Reply #13 on:** 19 Apr 2012, 07:51 pm »

He probably originally wanted to call it the Audio by Van Alstine 180...

TONEPUB · « **Reply #14 on:** 19 Apr 2012, 07:56 pm »

Quote from: milford3 on 19 Apr 2012, 07:18 pm

I don't care who uses the name "cherry." I want two of these.
http://www.audioholics.com/reviews/amplifiers/bob-carver-cherry-180-black-beauty

great amps, I just bought a pair...

Wayner · « **Reply #15 on:** 19 Apr 2012, 07:59 pm »

Quote from: roscoeiii on 19 Apr 2012, 07:51 pm

He probably originally wanted to call it the Audio by Van Alstine 180...

Or Bob called it Cheery cause he got a deal on the paint.......

roscoeiii · « **Reply #16 on:** 19 Apr 2012, 08:10 pm »

Quote from: TONEPUB on 19 Apr 2012, 07:56 pm

great amps, I just bought a pair...

Shame you might have to scratch the words "Cherry" off them...

jriggy · « **Reply #17 on:** 19 Apr 2012, 08:55 pm »

Quote from: TONEPUB on 19 Apr 2012, 07:56 pm

great amps, I just bought a pair...

Probably not the right place to say this

but I look forward to reading what you think, as they are on my list...
Maybe you could start a thread with your opinions once you have had them long enough.

TONEPUB · « **Reply #18 on:** 19 Apr 2012, 10:05 pm »

The Cherry Amp from Digital Amplifier Co is a great amp too.

I think someone should just pick up the phone and sort it out. Bob's been in the business a long time and is a very nice guy. I'm sure something can be worked out that will work for both parties without a problem.

Why stew over it?

werd · « **Reply #19 on:** 19 Apr 2012, 10:13 pm »

what ever you do keep the lawyers out of it.....

Cherry amps is bordering genious name on a digital amp too. The cherry fruit/with cherry red face plate on a digital amp have a cohesive marketing allure with with one another. Its a good name.