Legal Name Update I (2/10/17)

I would like to take you on the adventure that has been the last couple months for us regarding our legal name.  But I am going to give you this adventure in pieces so you can pause and digest like we had to each time we got more information.  Mind you, we had to pause a lot longer for most of this, but still, I would like you to come with me back on this adventure! P.S. sorry we couldn’t share this sooner but with this being a public blog I didn’t want to jeopardize our position. 

We got a cease and desist letter before traveling to Vietnam that requested we stop using our LLC name “Which Craft Bottle Shop”

This was extremely heartbreaking and deflating. I have never had experience with a letter like this so I did not know how serious it can be.  We sent it to our lawyer right away. I talked to him about calling off our trip to Vietnam but he assured us that he would communicate with their lawyers while we were away and they would be able to proceed without us for a couple weeks.

We got back and contacted our lawyer again.  He said he spoke to their lawyer and they were very understanding.  There had been some confusion.  It turns out the license that we are in the process of purchasing (so our name is some what affiliated with this license if you are looking it up on the SLA site) is actually currently registered in Rochester. So when they looked up the address and our name we were within blocks of each other. This news alarmed them and they wanted to get ahead of it as anyone would.  Part of me wonders why they wouldn’t just reach out to us personally but in hindsight I see that it is better to work through our lawyers for these complex situations. Our lawyer said that their lawyer was very calm and collect and not pushy at all.  He seemed surprised a little by this since a lot of times trademark lawyers just try to scare you off with their aggressive tactics. That was encouraging.  He also said that they acknowledged the timeline:

  • Spring 2016 – They got their LLC
  • Fall 2016 – We got our LLC
  • Winter 2016/2017 – They filed for Trademark

So technically we got our LLC before they filed for trademark so we have a case for  “concurrent use” of the name (also somewhat because neither of us are open yet).

So it seemed as if we get home to some good news!

To be continued….

Cheers!

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