SoundScape name change

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HT cOz

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Re: SoundScape name change
« Reply #20 on: 18 Jul 2018, 01:15 pm »

ErichGS

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Re: SoundScape name change
« Reply #21 on: 18 Jul 2018, 02:35 pm »
While the company has been around since the 80's it looks like they only filed for the trademark in May of this year as it would apply against Salk.

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:3la294.2.1

They did have SoundScape previously registered as a trademark as follows:

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4809:3la294.2.26

As that states outdoors it probably wouldn't have applied to Salk, so they likely registered the new one specifically to make Salk (and other similar companies) stop using the name.

sfox7076

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Re: SoundScape name change
« Reply #22 on: 19 Jul 2018, 12:52 pm »
As a lawyer that often deals with IP disputes, the legal fees can be astronomic if either side chooses to put up a fight.  It is not about whether You will Win or lose.  It is how much will it cost to win.  Frankly, $10,000 is a low number.  It would be higher.  Usually these cases end, when fought by small companies, with a call to someone like me (corporate bankruptcy lawyer).   That also said, sometimes you can gauge these issues by calling and discussing it with the other side.  Possibly reaching an agreement that you wouldn’t make a particular product (e.g. outdoor speakers) so that there is no likelihood of confusion and they won’t make high end in home wood veneered speakers    That way your brand won’t be injured or diluted by their outdoor speakers and vice versa.  It’s all a negotiating point.  Parents are worse than Trademarks. 

ctviggen

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Re: SoundScape name change
« Reply #23 on: 19 Jul 2018, 01:45 pm »
I think you mean "Patents" are worse than trademarks.  :)  Trademarks are tough because they are both state and federal law.  They also have legal rules such as "would a consumer be confused as to the source of goods?".  This is a "fuzzy" rule, particularly because most consumers have never heard of either company (no disrespect meant to either company).  So, you immediately have to begin narrowing the definition of a "consumer".

It can also depend on who was using the mark longer, and where they were using the mark.  In this case, I assume both companies were selling nationwide, so maybe that doesn't matter.

I assume for the other company "soundscape" is a play on words, like "landscape" + "sound"? That doesn't seem to the (same) case with Salk. 

It is better to discuss things, if possible.  If they hope to branch out into other areas, though, they might want to keep that name.  (Though that speaker configuration seems pretty much good only for outside speakers.)

From an IP lawyer

Hydro

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Re: SoundScape name change
« Reply #24 on: 19 Jul 2018, 04:25 pm »
As an owner of Soundscape 10's I would hate to see the name change. A female friend was listening to my system the other day and didn't know anything about the name of the speakers. After hearing one song she exclaimed "my god what a sound scape those speakers project", so the name is definitely appropriate. Best speakers I have ever heard, period.