Mikes Cigars Threatening Lawsuite again!

[mdman]

Here we go again!

Oscar at Mikes Cigars is sending me threatening letters saying they are going to sue me for my website MDCigars.

we have letters to the troops on the site thanking us for all we do for them. they refer to me as "Mike" in the letters, saying Thanks and so on.

Well, Oscar does not like it, and states he is going to sue me..
I say, Bring it on!


What do you guys think, are my Letters from the Troops causing confusion between Mikes cigars and MD Cigars? I think not.

This is total BS and I urge you all to call or email them and let them know what you think!

Toll Free:
800-962-4427

24hr Fax:
305-866-7977

customerservice@mikescigars.com

 

[Cheeze]

I don't get it. If someone reads it and thinks they are talking about Mikescigars then doesn't he get free advertisement? Some people really suprise me!!! Next is he going to copyright the name Mike?

Nonsense, Mike he has no case don't worry!!!!!

 

[tone-ny]

Your name is Mike? I don't see how MD can be confused with Mike Cigars. That's what's wrong with this country, everyone suing everyone for perceived BS!!!

 

[mdman]

They do have a copyright on the term "mikes cigars" but not on Mike.. I am not going change my name, or take out refrences to me when my customers write letters.. its just wrong..

Mikes Cigars is owned by Oscar.. yet its ok for him to use Mike..

Plus, there are lots of other companys, including another one called Mikes Cigars in California.. yet I am the one they want to sue..

I plan on fighting this to the end..
This is plain stupid.

 

[Rob_k]

i have one of mike's catalogs....it is going in the trash now. damm law suit happy focker! i never heard of such a thing, and if a court will hear that as a case would be ridiclious.

 

[smallg]

It doesn't seem like they would have a case... given the circumstances no judge or arbitrator would seriously listen to their argument. I don't know who Mike's Cigars are or how good their legal representation is, but I certainly don't plan on giving them my business.

 

[sack]

sounds like a lot of hooey. don't worry about it!

 

[Peekay]

What an idiot, the guy pissed all over a good thing.

 

[NullSmurf]

Not so long ago, you two could have just talked it out and finished it. Today, the blood sucking attorneys (except for members of the West Hartford Bar) might adivse against that.

However, was this written in the first person from Oscar? An attorney worth a shit would not posture like that. If you really think the letter is hot air, publish it on your web site.

 

[smokelaw1]

First off, thank you for the exclusion, Nullsmurf!
With the VERY clear understadning that I am only licensed to practice law in CT and that this is just an opinion based on my very limited knowledge of the situation, and not to be taken as legal advice...I don't think you have much of a problem here.

Correct me if I'm wrong, but his entire problem is that you are referred to as "Mike" in letters that the troops wrote to you thanking you for cigars?
They don't refer to you as "Mikes Cigars" or anything? They didn't copyright the name "Mike."

If there is more to it than that, and you want a GENERAL law opinion, (but of course not actual legal advice, as I am not licensed in your state), feel free to PM me.

man...I hate having to put in all the disclaimers...

 

[moki]

They do have a copyright on the term "mikes cigars" but not on Mike.. I am not going change my name, or take out refrences to me when my customers write letters.. its just wrong..

[snapback]297584[/snapback]​

Well, they can't copyright "Mike's cigars" -- they might try to get it trademarked, but it's such a common usage that they might have issues there too. Either way, they can't prohibit people from using "Mike's cigars" in a letter... just silly.

 

[mdman]

Ya.. it seems stupid to me... but it seems this company spends more time trying to supress other compainies rather than focusing on their own business.

We respect copyrights for everybody, but this is going way over the top.
Still stresses me out though..

 

[Qualls07]

I sent him an email asking for more information, so we will see if he manages to jusitify stupidity

 

[Zeebra]

My name is Mike too, hope I don't get sued.

 

[lbrief]

Well, they can't copyright "Mike's cigars"

Correct! I'm glad someone pointed that out.

-- they might try to get it trademarked,

They did.

Typed Drawing


--------------------------------------------------------------------------------
Word Mark MIKE'S CIGARS
Goods and Services IC 035. US 100 101 102. G & S: retail cigar stores; mail order catalog services featuring cigars. FIRST USE: 19500701. FIRST USE IN COMMERCE: 19500701
Mark Drawing Code (1) TYPED DRAWING
Design Search Code
Serial Number 75174124
Filing Date September 30, 1996
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition October 7, 1997
Registration Number 2125232
Registration Date December 30, 1997
Owner (REGISTRANT) Mike's Cigars Distributors, Inc. CORPORATION FLORIDA P.O. BOX 5466618 MIAMI FLORIDA 33140
Attorney of Record ALLEN M. KRASS
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "CIGARS" APART FROM THE MARK AS SHOWN
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE

 

[mdman]

Ya.. I ment tradmark..
but even their tradmark does not keep me from referring to myself as Mike.

I am getting a counter-suit for harassment ready just in case.

 

[Mrepp]

Sounds to me like this guys got it in for you and this is the closest thing he’s come across to cause trouble. A sad attempt but I wouldn’t be the least bit surprised if he doesn’t pop back up with another complaint soon.

 

[mdman]

Ya, I have delt with them before..
I am currently having a harrasment suite drawn up...

They did this same thing to me 5 years ago because I owned Mikes Discount Cigars domain.

They wanted to sue me..
I offered them the domain for $75 but they went to the lawyers instead and refused to talk with me.

In the end, they paid the $75 bucks.. but only after months of lawyers and expense.

I dont know why they just cant pick up the phone and talk to me and work it out man to man.

 

[Mrepp]

People like that think its there given right to have things like a name and should be handed to them. It's a total BS mentality IMO.

 

[jabba]

You should counter sue him because your Mike and he is Oscar! LOL

Seriously, wouldn't it help his business if the troops thought they were coming from Mike's?

Maybe he is just soured because nobody is buying his Licenciados anymore.