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Resolved!

mdman

MD Cigars
Joined
Aug 1, 2001
Messages
549
The dispute of the use of the trademark has now been resolved with formal terms entered by a court.

I am very happy with the outcome and I think Oded is happy also.

Additionally, not only is this issue resolved, but I believe we have started a new friendship which is a positive thing for both companies.
 
I'd say go get em too, but he may be betting his warchest is bigger than yours. Perhaps if you make it clear that you are calling his bluff, he'll back down. It still doesn't make much sense to me, but with today's juries, who knows. I hope you have the resources to fight.

I still can't fathom what he as to gain, other than vindictiveness.
 
Last I checked, I don't think there's any copyright or trademark on a website design.

I really don't think you have a thing to worry about, as mentioned before... you can't call copyright infringment on someones name.

Just like Best Buy can't sue people for saying Best... I don't know the law but I can't imagine he's got squat on you.
 
Hey Mike™, as I've said in the past, this is total BS! I'm going to call Oscar again on Monday and let him know that this is not going to help his business in any way shape or form!!

You should spread this information to every cigar BB that's out there, and we, as your supporters should follow up by posting to your thread that we support you and don't like what Oscar and Mike's Cigar's are doing.

He's really being an asshole throwing a cheap shot at you like this...makes me mad as hell to know that he has nothing better to do with his time than to file suit like this. He must be making too much money to be able to have his laywer bring this up to begin with...either that or he's taking a beating on his business!

Oscar and Mike's Cigar's, asshat of the year!!
 
So an "Oscar" runs Mike's Cigars? It is all very confusing.

Maybe he should be trademarking Oscar instead of Mike and leave all the Mike's alone.

-Brett(tm)
 
So, since your name will not be Mike anymore, what are you going to go with? How about Thor? You can't have Smitty, because that's mine. I will sue anyone else that calls themself Smitty - be warned!!

Seriously - I cannot imagine that this will be able to amount to anything. Good luck though. I will be emailing them to let them know that they are hurting their business severly by doing this.

- Smitty™
 
This lawsuit is as assinine as the hissy-fit bullshit lawsuit Fuente initiated over the "Series X" cigar made by United Tobacco. Fuente claimed copyright infringement over the Letter "X".

In the case of both lawsuits...What a load of shit! :angry:
 
This lawsuit is as assinine as the hissy-fit bullshit lawsuit Fuente initiated over the "Series X" cigar made by United Tobacco. Fuente claimed copyright infringement over the Letter "X".

In the case of both lawsuits...What a load of shit! :angry:
Good thing about the series X is now we got Nic3000 at Famous for 35-40$ a bundle and they ARE the series X Woo hoo

K7
 
From what I know (which is very littel in this case), this is of less merit than the "X" case. That could have, in a reasonable person's mind, casued confufusion inthe mind of the Public as to who they were dealing with/what they were buying (If I remember this class from law school...which I probably dont, that's important).
Here, no one is going tot hinkt hey are dealing with "mikes cigars" because soldiers used the word "Mike" in THEIR letters oin his website.
 
All this lawsuit is gonna do for Oscar is lose him business, and make him look like a petty weasel.
Mike, I actually think you might benefit from this.
 
Well first off you can copy right a web site design, however no one can push a copyright through that quickly. So if Oscar dose copyright it, it would be after the fact of the lawsuit being filled and thus invalid. Also unfortunately since you don’t have trademarks or copyrights, your web design is know as public domain and is available for free use. If I were you I would bury this guy once and for all, it seems obvious that this will not go very far and he will not win. I would personally stick it to him with emotional distress because after all you are upset and this is obviously not a fun thing to go through, the time you spent having to deal with this instead of your business ect. I’m sure you could get a fair amount of cash out of em and leave him knowing what you’ll do next time he tries to F*ck with ya.

Just my 2 cents.
 
I did a stare and compare on the two newest web sites and I don't think you have any standing on copyright. The script to create the scrolling products is a common tool that he can get in dozens of free script sites. I'd like Pyre to weigh in on this one to be sure. He has much more experience with this than me.

I do still think the "Mike" lawsuit is bullshit though. At this point, I would piss on Mike's Cigars if it was burning.
 
I did a stare and compare on the two newest web sites and I don't think you have any standing on copyright. The script to create the scrolling products is a common tool that he can get in dozens of free script sites. I'd like Pyre to weigh in on this one to be sure. He has much more experience with this than me.

I do still think the "Mike" lawsuit is bullshit though. At this point, I would piss on Mike's Cigars if it was burning.


I wouldnt

I dont but stuff from Mikes cause I dont need fiftyeleven different shitty tasting perdomo made house crap.
 
I did a stare and compare on the two newest web sites and I don't think you have any standing on copyright. The script to create the scrolling products is a common tool that he can get in dozens of free script sites. I'd like Pyre to weigh in on this one to be sure. He has much more experience with this than me.

I do still think the "Mike" lawsuit is bullshit though. At this point, I would piss on Mike's Cigars if it was burning.


I wouldnt

I dont but stuff from Mikes cause I dont need fiftyeleven different shitty tasting perdomo made house crap.

DOH! Thats what I meant. :blush:
 
MD - while I agree with you about the BS of the suit....I cant help but think your posting here is not going to help you in the long run.

While I think many of us here support you, and I understand you frustrations, I think you would do best not post pubicly about this matter.

Have no fear, the reach of the BOTLs is long. Just ask ohter vendors who have treated us poorly how ther business is going.

Not bashing here.just trying to help.
 
MD - while I agree with you about the BS of the suit....I cant help but think your posting here is not going to help you in the long run.

While I think many of us here support you, and I understand you frustrations, I think you would do best not post pubicly about this matter.

Have no fear, the reach of the BOTLs is long. Just ask ohter vendors who have treated us poorly how ther business is going.

Not bashing here.just trying to help.

I think this is good advice. Since this is a lawsuit now, it may be more important that ever to be careful of what you say, especially on a public forum. Obviosly we all support you, but the last thing that anyone wants to happen is have the guy who is suing you find more ammo. Especially if it comes down to the point of settling.
 
My advice is to consult a lawyer familiar with these types of cases (and definitely ask about a counter claim), ask him what you can and can't post online about the case, and watch what you say on the net.
 
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