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knotwindy
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 3:19 am |
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Joined: Mon Sep 26, 2011 4:49 am Posts: 249
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even bad press is better than no press,
this is an american company, after all they want to be living the dream in Hollywood so this is how you start just get your name out there any way you can
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Baer18
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 3:46 am |
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Joined: Fri Nov 04, 2011 3:02 am Posts: 25
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While Best can send a cease and desist order, they actually have no legal ground to stand on.
If the suit was brought to court as a trademark infringement, any legitimate court would throw the lawsuit out, and perhaps even order Best to repay the legal fees Gin incurred while defending themselves - on the grounds that the lawsuit was in fact frivolous.
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wdric
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 4:30 am |
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Joined: Fri Dec 26, 2003 12:52 am Posts: 130 Location: Australia
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Regardless of whether it is a kite, car, boat or a toothpick you have designed, invented, make or sell every company has the right to register trademarks, logos and patents etc to protect their investment, and they are entitled to enforce their rights in the business world.
Just as any company should look into these trademarks etc before they go and create, design, invent or use a name and invest a lot of time and money. The fact that a company or individual does not do this shows their inadequate business skills and general lack of knowledge for what is very common practice and their own stupid fault if they stuff up!
As someone has said, they need to just suck it up and that is what they have done, so why would some random customer or observer on the side line be worried about this?
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s29feb
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 5:13 am |
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Joined: Wed Aug 16, 2006 6:55 pm Posts: 341
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What a bunch of cunning stunts!
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Clew In
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 1:00 pm |
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Joined: Fri Aug 11, 2006 12:37 am Posts: 725 Location: Atlanta, Georgia
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Baer18 wrote: While Best can send a cease and desist order, they actually have no legal ground to stand on.
If the suit was brought to court as a trademark infringement, any legitimate court would throw the lawsuit out, and perhaps even order Best to repay the legal fees Gin incurred while defending themselves - on the grounds that the lawsuit was in fact frivolous. What? What are trademark and patent laws for? Why do companies spend money to have their products protected? That is just out and out theft/stealing what another company has built/promoted. Lots of times not knowing they are using a name that is already taken. Go make a cell phone and call it an I-Phone see how long you last and see if you can recover legal fees. I think if you do not cease and you loose your case you are to repay three times what you have earned. Rock On! Tom
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sq225917
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 2:12 pm |
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Joined: Tue Nov 05, 2002 1:00 am Posts: 8724
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I don't think anyone in this industry is throwing their weight around as happens in other industries where lawyers simply go out for a fight looking to get rich. No one is getting rich in kiting.
Brands are simply looking to protect their trademarked product names and the goodwill and standing in the market place that they are associated with. They are also rightfully protect their R&D investment in those instances where they have clever enough to develop something of commercial value, BEST included.
I can think of at least half a dozen instances where other brands have made similar requests regarding product names and I'm sure that there are many that I don't know about. No brand would develop a product, launch it, promote it and support it for seasons on end and then give all that good will away to a competitor, it just doesn't happen. That's why you bother registering product names as trademarks- to protect your investment and that's why companies usually comply straight away. Because the truth is, it's the correct thing to do where a name is already used and trademarked and because it is what you would do if the situation was reversed and you had selected a product name that was already trademarked- just like we did with the Taboo name, even though it was a windsurfing product and even though it was spelt differently.
There really is no story here, someone made a mistake and then fixed it, big frickin deal.
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aceras624
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 2:58 pm |
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Joined: Mon Jun 21, 2010 3:59 am Posts: 9
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Why are so many of you bashing Best for protecting their brand?!?!?! I often joke about not being a huge fan of Best but even I can see that they've done nothing wrong here! So knock off all the stupid comments attacking a company for protecting the work that goes into making their brand what it is. You wouldnt be giving Lamborghini crap for sueing Kia for there new model, the "Kia Murcielago"!!!!!
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Seaman
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 3:30 pm |
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Joined: Wed Sep 27, 2006 9:43 am Posts: 293 Location: Barreiro, Portugal
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KiteboardingTampaBay
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 9:10 pm |
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Joined: Sat Apr 12, 2008 5:09 pm Posts: 603
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I am with Best on this one. I have had to learn a lot about trademark and copyright lately, and it has cost me quite a bit of money to get my business name properly researched and trademarked. Why the hell would a kiteboarding school need to do this? Because I have spent many years building the KTB name as a reputable school in this area, and for the past 3 of those year had to deal with competing area "businesses" and their little domain games.There have been problems with my customers being able to book their lessons online due to the confusion regarding the websites, and in the business world, you just can't do that. As I prepare to start busting the nuggets of the domain squatters and website thieves, I hope they see this thread and do the right thing by removing the sites/ giving me the domains before I begin coming after them. If not, I will sue their balls off and win. As an added measure to never fuck with me again, I am playing their little game and getting domains similar to theirs. When they spend the same money I had to, I will stop promoting those sites and we can get back to getting along. What's fair is fair, correct? Feel free to think I'm a dick, I don't really care. My business has been under attack for years and years from people who can't build their own reputation of quality. The illegitimate, uncertified, and uninsured lairs around this area are going to start operating responsibly and respectfully, one way or another. Someone should have told these noobs that riding my coat tails is the stinkiest seat in the house. You may  me in the balls, but in the end I will Truthfully Yours, www.kiteboardingtampabay.com
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KiteboardingTampaBay
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Post subject: Re: Best Kiteboarding being tight as f**k to Gin Kiteboardin Posted: Thu Jun 21, 2012 10:09 pm |
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Joined: Sat Apr 12, 2008 5:09 pm Posts: 603
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Another confusing situation around here regarding businesses names is Best Pro Kiteboarding Center (BPKC) here in Saint Petersburg, Florida who is in fact not an authorized Best Dealer, nor even a kiter, but they're name sure sounds official enough doesn't it? They also claim to have certified/ insured instructors when if fact they have none. I can tell you a lot of people have been confused by this over the years and thought they were buying into the quality of the Best Kiteboarding name, getting lessons from a credible instructor, or even getting the 'Best' warranty in the business. If I were Best Kiteboarding, I'd be putting a stop to that as well- who wants a non-kiting ex-dealer throwing their name around like that? Sorry Simon, I couldn't resist.. www.kiteboardingtampabay.com
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