SoundScape name change

jsalk · « **on:** 17 Jul 2018, 08:11 pm »

There is a company that makes small outdoor speakers. The company is called SoundScape, Inc.

A lawyer for the company recently asked us to cease using the name SoundScape for our SoundScape models or he would file a trademark infringement case against us. We did some investigation and found a few reasons that it might be possible to win a case of trademark infringement if they filed (which they indicated they would if we did not change the name). We talked to one entity that successfully defended itself. But the owner indicated that it cost him over $10,000 in legal fees and he didn't think it was worth it.

Most of the time you see talk of these models on audio sites, they are referred to as SS8's or SS10's or SS12's. So we thought the easiest thing to do would be to changed the name of the speaker series to "SS"...new name, same old SoundScape speakers.

We'll be working on the changes to our web site in the next week or so.

Just thought you'd like to know.

- Jim

decal · « **Reply #1 on:** 17 Jul 2018, 08:17 pm »

It's a damned shame what this sue happy country has become.

jsalk · « **Reply #2 on:** 17 Jul 2018, 08:37 pm »

Well, they felt that some customers who wanted to purchase their outdoor speakers might purchase our SS8's by accident.

Actually though, if you have a trademark and knowingly fail to protect it, you can lose it. So I do understand.

- Jim

Stercom · « **Reply #3 on:** 17 Jul 2018, 08:53 pm »

Quote from: jsalk on 17 Jul 2018, 08:37 pm

Well, they felt that some customers who wanted to purchase their outdoor speakers might purchase our SS8's by accident.

Actually though, if you have a trademark and knowingly fail to protect it, you can lose it. So I do understand.

- Jim

Exactly right Jim.

Ace Deprave · « **Reply #4 on:** 17 Jul 2018, 09:11 pm »

Quote from: jsalk on 17 Jul 2018, 08:37 pm

Well, they felt that some customers who wanted to purchase their outdoor speakers might purchase our SS8's by accident.

Well, the most expensive product on their website is $1139, and the SS8 is $8995...probably unlikely that would happen!

mav52 · « **Reply #5 on:** 17 Jul 2018, 09:49 pm »

Quote from: jsalk on 17 Jul 2018, 08:11 pm

There is a company that makes small outdoor speakers. The company is called SoundScape, Inc.

A lawyer for the company recently asked us to cease using the name SoundScape for our SoundScape models or he would file a trademark infringement case against us. We did some investigation and found a few reasons that it might be possible to win a case of trademark infringement if they filed (which they indicated they would if we did not change the name). We talked to one entity that successfully defended itself. But the owner indicated that it cost him over $10,000 in legal fees and he didn't think it was worth it.

Most of the time you see talk of these models on audio sites, they are referred to as SS8's or SS10's or SS12's. So we thought the easiest thing to do would be to changed the name of the speaker series to "SS"...new name, same old SoundScape speakers.

We'll be working on the changes to our web site in the next week or so.

Just thought you'd like to know.

- Jim

1) Come up with a unique brand name for your product. ...
2) Hire a trademark attorney. ...
3) Perform a trademark search on the selected brand name. ...
4) File your trademark application with the USPTO. ...
5) Follow through with the USPTO during the application process.

Then let someone try to sue you.

Phil A · « **Reply #6 on:** 17 Jul 2018, 10:15 pm »

I understand why they would want to protect their trademark but I really don't believe anyone's going to think $5-600 outdoor speakers are the same as SS8s or other models. It's sort of like Bose sued Thiel for their model 2.2s and Thiel changed the name to 22s. While one respects their right to defend their patent, and if that is all they said why they needed to stop using the name, that would be fine. They lose a bit of credibility when they indicate they are afraid someone is going to mistake SS8s or SS10s for their speakers.

LesterSleepsIn · « **Reply #7 on:** 17 Jul 2018, 10:17 pm »

Quote from: jsalk on 17 Jul 2018, 08:11 pm

Most of the time you see talk of these models on audio sites, they are referred to as SS8's or SS10's or SS12's. So we thought the easiest thing to do would be to changed the name of the speaker series to "SS"...new name, same old SoundScape speakers.

- Jim

That seems to be the quickest, easiest solution.

Could you not also change the name to SalkSoundScapes and not be violating the trademark of the other company?

Cheers,
Lester

Phil A · « **Reply #8 on:** 17 Jul 2018, 10:21 pm »

Quote from: LesterSleepsIn on 17 Jul 2018, 10:17 pm

That seems to be the quickest, easiest solution.

Could you not also change the name to SalkSoundScapes and not be violating the trademark of the other company?

Cheers,
Lester

Probably would be better to change the spelling of their trademark - e.g. Soundscaips

charmerci · « **Reply #9 on:** 17 Jul 2018, 10:49 pm »

...or SoundSkapes. Though that looks a little weird.

WGH · « **Reply #10 on:** 17 Jul 2018, 11:54 pm »

I understand Soundscape's concern, I'm glad they didn't want you to change the design too because of the similarity

Soundscape ATS-360 Plus Salk Soundscape SS8

Don_S · « **Reply #11 on:** 18 Jul 2018, 12:02 am »

SoundEscape

LesterSleepsIn · « **Reply #12 on:** 18 Jul 2018, 01:33 am »

Don't shoot the messenger but JBL already has an SS8 speaker:

https://www.cnet.com/products/jbl-performance-ss8-speakers/

DEP14 · « **Reply #13 on:** 18 Jul 2018, 01:36 am »

SalkScape Eight, Ten, Twelve

dB Cooper · « **Reply #14 on:** 18 Jul 2018, 01:39 am »

Beat me to it.

jdoyle · « **Reply #15 on:** 18 Jul 2018, 01:56 am »

IMHO, just change the name to the Salk Sound 8’s 10’s, etc. and be done with it... it’s not worth your time to even deal with any extra phone calls in your already busy day. Especially when your client base knows your product by your (the) “Salk” name brand primarily.

JD

JerryM · « **Reply #16 on:** 18 Jul 2018, 02:57 am »

I'd consider looking into the clearly nervous outdoor speaker market.

DMurphy · « **Reply #17 on:** 18 Jul 2018, 04:23 am »

Quote from: jsalk on 17 Jul 2018, 08:11 pm

There is a company that makes small outdoor speakers. The company is called SoundScape, Inc.

A lawyer for the company recently asked us to cease using the name SoundScape for our SoundScape models or he would file a trademark infringement case against us. We did some investigation and found a few reasons that it might be possible to win a case of trademark infringement if they filed (which they indicated they would if we did not change the name). We talked to one entity that successfully defended itself. But the owner indicated that it cost him over $10,000 in legal fees and he didn't think it was worth it.

Most of the time you see talk of these models on audio sites, they are referred to as SS8's or SS10's or SS12's. So we thought the easiest thing to do would be to changed the name of the speaker series to "SS"...new name, same old SoundScape speakers.

We'll be working on the changes to our web site in the next week or so.

Just thought you'd like to know.

- Jim

How long has the company had its Soundscape trademark? I can't even remember when the first SS10 came out. But it was definitely way back then.

ErichGS · « **Reply #18 on:** 18 Jul 2018, 05:21 am »

Quote from: jsalk on 17 Jul 2018, 08:37 pm

Well, they felt that some customers who wanted to purchase their outdoor speakers might purchase our SS8's by accident.

Actually though, if you have a trademark and knowingly fail to protect it, you can lose it. So I do understand.

- Jim

In a case like this where there isn't really competition, they could easily protect their trademark by leasing use of the name to you with no other rights for a nominal fee (say $1 for 10 years.)

Ace Deprave · « **Reply #19 on:** 18 Jul 2018, 11:52 am »

Quote from: DEP14 on 18 Jul 2018, 01:36 am

SalkScape Eight, Ten, Twelve

I'm for this.