This guy has a lot of nerve

WolfeMacleod · 03-30-2016, 12:32 PM

A couple weeks ago I was informed of some new guitar company using our brand name for one of his product. Pickups! I immediately phoned them, and the guy asked "Is this going to be a problem?"
You bet your butt it will be. This name has belonged to me since 1998, pal.

He agreed to remove it... I did some searching today and found these and others scattered around his site. Some references were removed, others were not, an now a (tm) mark near our brand name?

Called him again today and chewed him out. He's playing dumb, incompetent.

This ain't going to fly with me, bub.

Attorney is chomping at the bit to send out a letter. I'm trying to give this guy a chance... but he's wearing a bit thin on me with this.

GWN7 · 03-30-2016, 12:38 PM

Your brand name is only as good as you are prepared to protect it. Turn loose the Kraken.

stomachmonkey · 03-30-2016, 12:44 PM

Just so I'm clear.

He is using your brand name on his pickups?

As in he is not buying your product to use in his builds?

Sue the mother****er.

WolfeMacleod · 03-30-2016, 12:52 PM

Quote:

Originally Posted by stomachmonkey

Just so I'm clear.

He is using your brand name on his pickups?

As in he is not buying your product to use in his builds?

Sue the mother****er.

Nope, he's not using our stuff.

When I first spoke to him, he claimed it was in conjunction with some fort of "wiring modifier" or something. But essentially, yes. He dropped the "e" out of Wolfe, but that doesn't matter at all since it's phonetically identical. Hell, all it has to be is somewhat close...enough to cause any confusion. Mike Rowe Software vs. Microsoft... remember that?

Whether it's directly pickups or not, the use of Wolf[e]tone in relation to guitars doesn't fly.

Yeah, he's playing dumb, like he didn't know those were on his site. "Give me a few days" he said... that was originally a few weeks ago. I just found these today. He claimed they were unpublished pages.

flipper35 · flipper35's Garage

Send the letter now. No one is that incompetent. If he is that incompetent, send the letter now.

stomachmonkey · 03-30-2016, 01:10 PM

Quote:

Originally Posted by WolfeMacleod

Nope, he's not using our stuff.

When I first spoke to him, he claimed it was in conjunction with some fort of "wiring modifier" or something. But essentially, yes. He dropped the "e" out of Wolfe, but that doesn't matter at all since it's phonetically identical. Hell, all it has to be is somewhat close...enough to cause any confusion. Mike Rowe Software vs. Microsoft... remember that?

Whether it's directly pickups or not, the use of Wolf[e]tone in relation to guitars doesn't fly.

Yeah, he's playing dumb, like he didn't know those were on his site. "Give me a few days" he said... that was originally a few weeks ago. I just found these today. He claimed they were unpublished pages.

I'm well versed in IP.

He may not have been lying about the unpublished pages.

He's using a CMS, most likely Wordpress.

Cruising his site I can't find the pages.

His Facebook page has links to his site from earlier in the month March 9th, that show the one guitar in particular.

When you hit the link you get Page Not Found, either the page no longer exists or it's non published.

I just did a google search an found the Cheyenne ST 500 page that references Wolftone pickups but it's not linked to off the site which makes me think he removed it from the menuing system but the page is still active.

He may not realize the page is still accessible, or he does.

No way to tell.

motion · 03-30-2016, 01:16 PM

That's total BS!

If you Google: "wolftone™" graal

You will see a lot of hits on his sites. Here's one still live:

San Graal ST500 Cheyenne |

WolfeMacleod · 03-30-2016, 01:20 PM

Quote:

Originally Posted by stomachmonkey

I'm well versed in IP.

He may not have been lying about the unpublished pages.

He's using a CMS, most likely Wordpress.

I'm pretty well versed it it too. I've studied various aspects of trademark law for 17 years as a serious...hobby... in hopes of overturning a particularly anti-competitive trademark. It looks very promising.

He is using Wordpress.

Looks like a couple pages were taken down. Looks like he's changing some to "Wolfgram" which I'll accept.

Arizona_928 · 03-30-2016, 01:37 PM

Least he is in the United States, and not China....He has been profiting, collect damages!

jperry · 03-30-2016, 02:03 PM

About |

"Todd Wolfram, electronic technician and luthier is responsible for the development and implementation of the Wolftone Modifier. He also serves as technical adviser in electronics, tooling and wood specialist. Todd has worked at Dave’s Guitar Shop in La Crosse since 2003. Prior to that he was the owner, luthier and technician at Todd’s Guitars. He was both a student and a substitute instructor at Red Wing Technical College where he studied instrument building and repair as well as electronic music technology."

Eric Coffey · 02:06 PM

Quote:

Originally Posted by WolfeMacleod

Looks like he's changing some to "Wolfgram" which I'll accept.

I wouldn't. That is still BS, and potentially confusing to the consumer.

You wouldn't get away with changing just the last half of most other trademarked names. Try opening a chain of fast food restaurants called "McCleod's" and see how fast you get a C&D from McDondald's legal team.

sugarwood · sugarwood's Garage

WolfeMacleod · 03-30-2016, 02:27 PM

Quote:

Originally Posted by jperry

About |

"Todd Wolfram, electronic technician and luthier is responsible for the development and implementation of the Wolftone Modifier. He also serves as technical adviser in electronics, tooling and wood specialist. Todd has worked at Dave’s Guitar Shop in La Crosse since 2003. Prior to that he was the owner, luthier and technician at Todd’s Guitars. He was both a student and a substitute instructor at Red Wing Technical College where he studied instrument building and repair as well as electronic music technology."

I know who Todd Wolfgram is. Spoke to him about the issue last week or the week before.

Quote:

Originally Posted by Eric Coffey

I wouldn't. That is still BS, and potentially confusing to the consumer.

You wouldn't get away with changing just the last half of most other trademarked names. Try opening a chain of fast food restaurants called "McCleod's" and see how fast you get a C&D from McDondald's legal team.

Overall, I agree. But I don't want to be a complete arse about it.

rockfan4 · 02:41 PM

Well, this in interesting, since they're in town. Never heard of this company before. I do know of Todd just from going to Dave's, he's made his own pedals and called them "Wolftone" for a while now. https://malekkoheavyindustry.com/product-category/effects/wolftone-effects/

I've got a set of Marshalhead IIs I've been meaning to swap into a Les Paul, maybe I should take it to Todd and just ask, "Do you think there's any confusion here?"

WolfeMacleod · 03-30-2016, 03:30 PM

Quote:

Originally Posted by rockfan4

Well, this in interesting, since they're in town. Never heard of this company before. I do know of Todd just from going to Dave's, he's made his own pedals and called them "Wolftone" for a while now. https://malekkoheavyindustry.com/product-category/effects/wolftone-effects/

I've got a set of Marshalhead IIs I've been meaning to swap into a Les Paul, maybe I should take it to Todd and just ask, "Do you think there's any confusion here?"

Do that, please. I've gotten some emails in the past about that pedal, with people thinking I made them.
In 2004 a smaller pedal company started the production of those. In around 2007, Malekko took over. I found out about it around 2013 I think. It annoyed the hell out of me, but being not directly related to pickups, I let it go... it does annoy me, but I don't want to be a complete prick about it. Maybe I should...

stomachmonkey · 03-30-2016, 04:03 PM

I'm not an attorney, just in my primary line of work almost everything revolves around IP so...

Honestly on the Wolftone pedals, IMHO you'd have a very strong case for infringement.

It's not just specific product confusion, it's also industry. You are both in the same space and manufacturers tend to make more than one product.

I can certainly see a consumer assuming the pedals and your pickups are the same brand.

cgarr · cgarr's Garage

I don't see wolfetone pickups were ever TM'd the only search I can find is that wolfetone did TM Dr, Vintage recently filed, or what am I missing? Check with your atty since you have used it for so many years:

M.D. Holloway · 03-30-2016, 05:25 PM

Tear into that like a hungry dog with a ribeye...show no mercy.

I discovered someone was selling one of my books out of their pub house and in an hour my pub house lawyers were on it. Resolution same day.

No one F'ks with the name.

Holger · 03-30-2016, 11:18 PM

I am running a well known Scandinavian forum, of course with a domain and logo.
Found out that someone started a FB-group with my domainname.
Didnt take long to protect the name and the FB-group (HUGE!) was closed.

Show no mercy!
It is a positive thing that you are concerned about your logo/name/mark.

WolfeMacleod · 03-31-2016, 07:16 AM

Quote:

Originally Posted by cgarr

I don't see wolfetone pickups were ever TM'd the only search I can find is that wolfetone did TM Dr, Vintage recently filed, or what am I missing? Check with your atty since you have used it for so many years:

Registration does not need to be federal. Simple use alone is enough. The (tm) mark is used when a mark is not federally registers. The (r) marks is used for registered marks.

In 2007-8 we were involved in a dispute over the Dr. Vintage mark. I was the first to use it, but an ex-friend and distance-employee of mine registered it, and tried to force me to teach him how to make the model. We battled it out and ended in a stalemate, agreeing to leave each other alone. (too much money + idiot attorneys) His trademark was cancelled last year. We jumped on it.