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swanbourne
29th July 2005, 10:18
Received a letter from the US Trademark Office.


........... we conclude that opposer has failed to meet its burden to establish that it is entitled to judgement as a matter of law......... In view thereof, opposer's motion for summary judgement is denied.

And so it continues.

Eddie

rfrazier
29th July 2005, 10:30
Good news! But probably not unexpected.

Best wishes,
Bob

Griswold
29th July 2005, 10:31
Nice one Eddie :D

bandylegss
29th July 2005, 10:39
Good news Eddie i love it when the little guy comes out on top. I got more enjoyment out of Beating Direct Line than i did from the money. They just thought i would roll over it took five years but it was worth it if i could sue then for all the distress they caused her indoors and myself i would, but of course they make sure there are no further claims when you sign the deal.
:) :wink: Paul.

KH2
29th July 2005, 11:11
Yeaa... :hello1:

swanbourne
29th July 2005, 11:30
Good news! But probably not unexpected.

Best wishes,
Bob

I was convinced I was right Bob but you can never be sure that a novice's facts and commonsense will defeat a professional's smoke & mirrors.

Eddie

cricketer
29th July 2005, 11:39
Well done Eddie, a lot of people would have given it up

cheers
Alan

Gert
29th July 2005, 11:43
Congratulations :D But what will it take for Swatch-werke Omega to just give up? Presumably, they may still try to exhaust you. Not that I think they could ever prevail :wink:

Cheers,
Gert

JasonG
29th July 2005, 12:14
Hi Eddie,

OK then, I'm now suitably confused.

I am familiar with the background to the case but I am wondering what it is you were opposing, motioning for and what has actually been decided?

Regards

JasonG

Phil Lee
29th July 2005, 12:39
As far as I understand it, Omega's lawyers were proposing that they had such overwhelming evidence that Broadarrow was their trademark that the court should throw out the case without a hearing. From what Eddie has posted, the court has rejected this proposal.

swanbourne
29th July 2005, 12:49
As far as I understand it, Omega's lawyers were proposing that they had such overwhelming evidence that Broadarrow was their trademark that the court should throw out the case without a hearing. From what Eddie has posted, the court has rejected this proposal.

Correct, although it's the US Patent & Trademark Office, not a court.

Eddie

JasonG
29th July 2005, 14:38
Oh, I see. that's pretty good in a way. Now all you have to do is to present an overwhelmingly good case. :-)

ttfn

JasonG

markc
29th July 2005, 14:53
I hope that they don't keep trying it on.

So Broadarrow stays British!

Cheers,

Michael in Frisco, Texas
29th July 2005, 15:20
Outstanding, Eddie. Congrats! Please keep us posted as this case develops further.

Ron Jr
29th July 2005, 18:29
So does that mean you will be coming to my side of the pond?

swanbourne
29th July 2005, 18:32
So does that mean you will be coming to my side of the pond?

Well that's still unknown Ron, it depends whether Omega would like to settle and save some high priced attorney's fees. They could have settled almost 2 years ago and I'm sure they have spent much more than I would have settled for since then.

All I know is that these fancy attorneys must now be trying to find the answers to some very awkward questions.

Eddie

dashiel
29th July 2005, 18:51
Congrats Eddie! Sometimes even the government does the right thing. Here's a link with some of your application on it.

***Link deleted because it's timed out***

Ted

adrian
29th July 2005, 20:35
Congratulations Eddie. 8)

rfrazier
29th July 2005, 20:54
As far as I understand it, Omega's lawyers were proposing that they had such overwhelming evidence that Broadarrow was their trademark that the court should throw out the case without a hearing. From what Eddie has posted, the court has rejected this proposal.

Correct, although it's the US Patent & Trademark Office, not a court.

Eddie

I don't think that it has that much to do with the amount or quality of evidence. A request for summary judgement usually involves a claim that the issues can be decided by consideration of the law, rather than evidence, or whose case is strongest. (In jury trials, the judge rules on the law, and the jury decides the strength of the evidence.) So, roughly, and lawyers here should correct me if I'm mistaken, the ruling means that Omega has to provide evidence saying why Eddies registration shouldn't happen, rather than it being decided as a question of law. This is a much iffier proposition for Omega. They didn't have anything to lose (except money) by waiting out the decision on summary judgement. If they won summary, it would have been all over. They lost, but the main question hasn't been settled. However, if they go on, and lose, they will have really lost.

Best wishes,
Bob

rfrazier
29th July 2005, 21:02
PS. (No editing of posts in this thread?). Omega might be in a tight position. If they claim that Eddie shouldn't be able to register the term because they, Omega, have had sole use of it, there is all that history with which they have to contend. If they say Eddie shouldn't be able to register it because it is in general use, then they can't register it. No good strategies for them. I forsee a settlement being offered now that a chance for summary is over and it is show time. :)

Best wishes,
Bob

rfrazier
29th July 2005, 21:23
PPS. ;) At first blush, if I were acting for Omega, and wanted to push things along, I think that the strategy I would adopt is to argue that if anyone should be able to register the word, then it should be Omega. And I would hope that the ruling is narrow enough (just denying Eddie's attempt at registration) not to preclude the possibility of Omega registering it in the future. But, that is a high risk strategy. More likely, I would think that it would be better to settle and not have the issue decided at all.

Best wishes,
Bob

endure
29th July 2005, 21:29
Good news Eddie i love it when the little guy comes out on top. I got more enjoyment out of Beating Direct Line than i did from the money. They just thought i would roll over it took five years but it was worth it if i could sue then for all the distress they caused her indoors and myself i would, but of course they make sure there are no further claims when you sign the deal.
:) :wink: Paul.

What's the story on this, Paul?

Michael in Frisco, Texas
29th July 2005, 21:34
As far as I understand it, Omega's lawyers were proposing that they had such overwhelming evidence that Broadarrow was their trademark that the court should throw out the case without a hearing. From what Eddie has posted, the court has rejected this proposal.

Correct, although it's the US Patent & Trademark Office, not a court.

Eddie

I don't think that it has that much to do with the amount or quality of evidence. A request for summary judgement usually involves a claim that the issues can be decided by consideration of the law, rather than evidence, or whose case is strongest. (In jury trials, the judge rules on the law, and the jury decides the strength of the evidence.) So, roughly, and lawyers here should correct me if I'm mistaken, the ruling means that Omega has to provide evidence saying why Eddies registration shouldn't happen, rather than it being decided as a question of law. This is a much iffier proposition for Omega. They didn't have anything to lose (except money) by waiting out the decision on summary judgement. If they won summary, it would have been all over. They lost, but the main question hasn't been settled. However, if they go on, and lose, they will have really lost.

Best wishes,
Bob

Bob, you are correct. Omega now must put forth a preponderance of evidence supporting its position. I also agree that they are now in a precarious position in that they could argue themselves out of the ability to register the mark based upon common usage. In addition, I believe the examiner(s) rightly saw through their attempts to push about the "little guy".

Rob (NZ)
31st July 2005, 20:34
good to see things haven't gone the way those softcocks wanted - i think they were forgetting they were up against a double-hard bastard, and they are a bunch of girlie shirt-lifting toss-pieces.

Rob.

rfrazier
31st July 2005, 20:47
good to see things haven't gone the way those softcocks wanted - i think they were forgetting they were up against a double-hard bastard, and they are a bunch of girlie shirt-lifting toss-pieces.

Rob.

I think I understand most of that. But the "shirt-lifting" is puzzling. ;)

Best wishes,
Bob

Rob (NZ)
1st August 2005, 07:17
if a bender comes up behind you, he has to lift your shirt out of the way...

Rob.

rfrazier
1st August 2005, 07:20
if a bender comes up behind you, he has to lift your shirt out of the way...

Rob.

Ah, I see. I was thinking of aother sort of shirt lifting, the sort that footballers do after scoring: taking the front of their jersey and putting it over their heads. ;)

Best wishes,
Bob

doug darter
6th August 2005, 15:26
I'm really pleased for you. Not the war, but at least a battle won :D

Crusader
9th August 2005, 17:04
I'm really pleased for you. Not the war, but at least a battle won :D

I second that. :D

As for what Omega will do next, my hunch (I am a sceptic) is that they will play the man, not the ball.

I'll persist in my personal boycott of Omega ... until I can Frankenwatch a Speedy Pro. :wink:

clay
12th August 2005, 06:00
I'm really pleased for you. Not the war, but at least a battle won :D

Yes me too Eddie................. 8)

tempus
12th August 2005, 18:45
Congratulations Eddie :D

They don't like it up em :lichmalignus:

Mike K
15th August 2005, 00:22
Yahoo...!!!

xpatUSA
17th August 2005, 01:57
if a bender comes up behind you, he has to lift your shirt out of the way...

Rob.

Ah, I see. I was thinking of aother sort of shirt lifting, the sort that footballers do after scoring: taking the front of their jersey and putting it over their heads. ;)

Best wishes,
Bob

When I was a kid, shirt-lifters came in a can and were eaten on toast.

swanbourne
23rd August 2005, 17:31
Omega's attorneys have appealed the decision of the US Patent & Trademark Office. They stated that the Patent & Trademark Office were in error when they made their decision and requested that they reverse it.

I'm not convinced that telling the Patent & Trademark Office that they don't know what they're doing is the best way to make friends. Hey, what do I know? They're a multi-million dollar practice and I'm just a poor backwoods boy.

Eddie

Crusader
23rd August 2005, 18:03
Omega's attorneys have appealed the decision of the US Patent & Trademark Office. They stated that the Patent & Trademark Office were in error when they made their decision and requested that they reverse it.

I'm not convinced that telling the Patent & Trademark Office that they don't know what they're doing is the best way to make friends. Hey, what do I know? They're a multi-million dollar practice and I'm just a poor backwoods boy.

Eddie

Presumably being such a big business, and having Omega as a client, they have much to lose: if they do not appeal, they effectively tell their client they were wrong in the first place ... so they muct put on a rave face and pull it through. The fact that they cannot quit without casuing Omega to question whether the lawyers' fees were wisely spent will work against you, in the end - I know, life is unfair.

swanbourne
23rd August 2005, 20:09
I've discussed this with a legal expert who is of the opinion that this is a desperate act by Collen IP to save face with their client. He is further of the opinion that Omega could have spent as much as US$150,000 so far, with the prospect of more to come.

Their victory is by no means guaranteed and in fact, following the dismissal of their summary judgment application, they are definitely playing on a sticky wicket. The idiocy is, I would have withdrawn my trademark application for less than they have already spent but I think that their legal "experts" have now reached the point of no retreat, no surrender; their reputation is on the line.

I think it might be a good idea to contact Omega direct to see whether they have any idea they could have reached a settlement months ago and saved a lot of time and money.

Eddie

abraxas
23rd August 2005, 20:50
...............

I think it might be a good idea to contact Omega direct to see whether they have any idea they could have reached a settlement months ago and saved a lot of time and money.

Eddie

Sounds like a good idea ... just tell them, you are cheaper than their current legal representation and you can still save them money with a nice 6 figure ...

john

montrepassion
17th June 2009, 00:00
Keep going strong!

vaizki
17th June 2009, 04:02
Ok thread necromancy award of the month goes to montrepassion! Congratulations! :shock:

simonsev
17th June 2009, 05:13
Ok thread necromancy award of the month goes to montrepassion! Congratulations! :shock:

:D :D

Chris_in_the_UK
30th July 2009, 21:02
:D

Ivan Melbourne
5th August 2009, 16:01
Been a long time coming

Congratulations Eddie


Ivan
iwcforme

vaizki
5th August 2009, 22:12
Been a long time coming

Congratulations Eddie


http://jamie-online.com/random-jamz/wp-content/uploads/2009/06/facepalm.jpg

Nalu
12th August 2009, 18:36
Well done Eddie :mrgreen:

jk103
15th August 2009, 14:58
It's good to see a small business stand against the corporate bully and prevail. Good for you Eddie!

Glamdring
15th August 2009, 23:51
Eddie lost, sadly.

Nalu
16th August 2009, 02:27
:laughing3:

cricketer
1st September 2009, 20:55
not again :evil:

maybe these threads should be locked?

vaizki
1st September 2009, 21:39
Maybe if nobody posts in them.. aarghghhghhhh :oops:

serdal22
2nd July 2012, 05:48
I am also very happy to see that Eddie won because he is right.

One day, people will realize that money is not everything, and they will learn to share. Or, am I dreaming? :drunken: :albino:

Congrats, Eddie.

Capt. Serdal

Foxy100
2nd July 2012, 06:47
Ok thread necromancy award of the month goes to Capt. Serdal! Congratulations! :shock:

I've updated that for you

Lutz
1st August 2012, 22:36
Everything is okay:welcoming:

ralphy
1st August 2012, 22:52
Everything is okay:welcoming:Hmm, somehow I doubt that will be the case for you. ;-)

R

Newbear
5th August 2012, 09:21
Congratulations on the campaign so far.

You might have read about this before but it does show that the big corporate interests and their lawyers can be beaten:

http://www.bbc.co.uk/news/education-18607274

I heard Georgina Blackwell interviewed on the radio recently and she described how the property developer's lawyers openly sniggered about her, telling their cleints that "This will be over very quickly".

A whole day in court later they were defeated.