Friday, December 4, 2009

Big Business Kicks Little Infringer

As reported by Dick Hogan of the Ft. Myers News-Press here’s another Story about big business kicking the little guy for infringements. It's a tough tale - but inventors, entrepreneurs and businessmen must play by the rules...or suffer.

Mark Joseph enjoyed national attention with his colorful “Foreclosure Tours R Us” bus (a real estate sales gimmick). But Toys R Us claims “copyright infringement”. Toys R Us warned Mark of copyright infringement for using language and images too close to their logo. Mark estimates legal expenses may cost him $25,000 already.

News Press photos showed Mark standing in a TOY’S R US parking lot – waving the surrender flag. He’ll change the name, but keep the bus color and business concept.

Here’s the legal mumbo-jumbo meaning of the draft agreement from Geoffrey LLC (Toys R US) sent to Mr. Joseph as reported by the News-Press....

… According to the draft, that means "the name FORECLOSURE TOURS R US, or any other name incorporating (a) R US, (b) ARE US, (c) a reverse R, (d) single or double quotation marks around the letter 'R,' (e) balloon lettering that is similar to the font used by Geoffrey, (f) any combination of the colors red, orange, green, pink and yellow in a manner similar to the color combinations used by Geoffrey, (g) the image of a star, or any other of Geoffrey's proprietary marks or designations (collectively the 'TRU Marks') which is otherwise confusingly similar to the TRU Marks, anywhere in the world."

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