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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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<blockquote data-quote="S'mon" data-source="post: 5078532" data-attributes="member: 463"><p>Bravo Steepike, you do a better precis than 90% of my Undergrads could manage. <img src="https://cdn.jsdelivr.net/joypixels/assets/8.0/png/unicode/64/1f642.png" class="smilie smilie--emoji" loading="lazy" width="64" height="64" alt=":)" title="Smile :)" data-smilie="1"data-shortname=":)" /> But I think Army Builder is a much weaker mark than Vision Center. People don't talk generically about going to the "vision center" for new glasses, they go to the optician's. Whereas it's clear that people do talk about using generic army builder software to build their army rosters. </p><p></p><p>My knowledge of army roster building software doesn't extend much beyond this thread, but it seems to me that if the USPTO did any kind of enquiry on marks the way European TM offices do then this would not have been registered. As it is they leave it 5 years for challenges to emerge, and this area of business is obscure enough none did, so the mark is currently valid (can't be struck off without a court action). If it came to court though I'd think the balance of probabilities would be heavily against it surviving. </p><p></p><p>BTW here's some advice on s. 15 Incontestability - note that a filing of Incontestability does not prevent a challenge for genericness or functionality:</p><p><a href="http://www.aplf.org/incontestability/" target="_blank">Incontestability: Does Anybody Really Understand It? | The Association of Patent Law Firms</a></p></blockquote><p></p>
[QUOTE="S'mon, post: 5078532, member: 463"] Bravo Steepike, you do a better precis than 90% of my Undergrads could manage. :) But I think Army Builder is a much weaker mark than Vision Center. People don't talk generically about going to the "vision center" for new glasses, they go to the optician's. Whereas it's clear that people do talk about using generic army builder software to build their army rosters. My knowledge of army roster building software doesn't extend much beyond this thread, but it seems to me that if the USPTO did any kind of enquiry on marks the way European TM offices do then this would not have been registered. As it is they leave it 5 years for challenges to emerge, and this area of business is obscure enough none did, so the mark is currently valid (can't be struck off without a court action). If it came to court though I'd think the balance of probabilities would be heavily against it surviving. BTW here's some advice on s. 15 Incontestability - note that a filing of Incontestability does not prevent a challenge for genericness or functionality: [url=http://www.aplf.org/incontestability/]Incontestability: Does Anybody Really Understand It? | The Association of Patent Law Firms[/url] [/QUOTE]
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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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