Greg Cole has trademarked "pet package"

[truckmount girl]

http://nationalparalegal.edu/public_doc ... bility.asp

Since he didn't register it until 3/12, most everyone is covered under estoppel anyway.

Take care,
Lisa

 

[truckmount girl]

"What is a strong trademark?What is a weak trademark? A descriptive trademark is a trademark that describes its goods or services. For example, golden oldies is a popular radio format, yet those words describe the type of music the listener can expect to hear on the radio station. Descriptive trademarks are considered to be weak trademarks and are hard to legally protect.

Trademarks that contain common words, or ordinary dictionary words, can also be weak trademarks and so do not have a wide degree of legal protection.

Another problem with a weak trademark is that small changes in marks could be enough to differentiate one trademark from another."

-Eric Swetsky, Attorney and Trademark Agent

Great article on weak trademarks:

http://theiptrader.com/weak-trademark-not-protected/

 

[Mikey P]

I wonder if Greg is paying his lawyer go file those screen shot for him on a Sunday..

Willing to bet his lawyer is either a relative, freind of the family or neighbor who came up with the whole idea to drain Greg's bank account.
What a first class chump.

 

[Able 1]

What a douche!! Business must be in the shitter, looking to make up for it by suing folks... :roll: True bidnessman!! :shock:

 

[Greg Cole]

This is very simple to rectify. If you currently advertise a "pet package" and receive a letter from Cole or his representative, you simply file for Declaratory Relief in your local court. This puts venue in your local area and also makes YOU the Plaintiff. You must do it BEFORE they actually sue though or else venue will be in THEIR area a significant disadvantage financially. If you win, which you will because there is a ton of prior use and a good case that the term is too generic to be trademarked, they will pay all of your attorney's fees. You could also sue them for tortuous interference of trade.

Have your friend send me an email and I'll set him up with what he needs to do to file and get started.

truckmountgirl@gmail.com

Take care,
Lisa

Or he could save a lot of time and a lot of his money and simply change his ads to state something like " urine treatments" . Lol. FYI, his buddy also runs coupons and started using "PET PACKAGE" in order to attempt to duplicate my ads

A couple of years ago we ran a series of radio ads that said " absolutely no residue". Received a letter from zero-Rez . We had crossed the line and infringed on their "service mark" . Interestingly enough I had proof of prior use ( 5 years before their inception ). My lawyer said I could spend $10k -20k to fight and I might win. Rather than spend time and energy trying to own someone else's claim to individuality, I pulled the ads.

 

[Mikey P]

you multi truckers are despicable in your ways, you know that Greg?


the things you have to do to keep your poorly trained chimps fed and moving must leave a slimy residue behind you thicker than your one pass method does.

 

[truckmount girl]

"pet package" is an EXTREMELY weak trademark, Greg. If anyone challenges you, you will lose.

They wouldn't even need a lawyer to prevail.

And if they hit you with a Request for Declaratory Relief, you will be stuck attempting to defend a super weak TM in another jursidiction....possibly even another state. Then you will have to pay counsel local to the suit, plus your counsel. Discovery is super expensive if the attorney has to fly....ours wanted 35K upfront, just for a week of non-local discovery.

It's one thing to throw your weight around if you've got good intellectual property, but if your IP is weak, you better sit on your hands. It will never fly and it's YOUR burden of proof.

Take care,
Lisa

 

[John Olson]

"pet package" is an EXTREMELY weak trademark, Greg. If anyone challenges you, you will lose.

They wouldn't even need a lawyer to prevail.

And if they hit you with a Request for Declaratory Relief, you will be stuck attempting to defend a super weak TM in another jursidiction....possibly even another state. Then you will have to pay counsel local to the suit, plus your counsel. Discovery is super expensive if the attorney has to fly....ours wanted 35K upfront, just for a week of non-local discovery.

It's one thing to throw your weight around if you've got good intellectual property, but if your IP is weak, you better sit on your hands. It will never fly and it's YOUR burden of proof.

Take care,
Lisa

Go get me girl!

 

[davendana]

I applied


http://www.flickr.com/photos/crossroadstile/7194370898/sizes/l/in/photostream/
http://www.flickr.com/photos/crossroadstile/7194370094/sizes/l/in/photostream/
http://www.flickr.com/photos/crossroadstile/7194371272/sizes/l/in/photostream/
http://www.flickr.com/photos/crossroadstile/7194371648/sizes/l/in/photostream/

 

[Steve Manier]

Wow, this is a new low Greg...I really never pay attention to your arrogant posts, but you're definately all that's WRONG with carpet cleaning. The bait & switch, the shitty work, and now you're fookin with biz owners...What a sleaze ball move!

 

[Greg Cole]

Wow, this is a new low Greg...I really never pay attention to your arrogant posts, but you're definately all that's WRONG with carpet cleaning. The bait & switch, the shitty work, and now you're fookin with biz owners...What a sleaze ball move!

Interesting comment. I developed a a package. Spent millions promoting it. Another guy comes along and starts copying it. I prtect myself and you call me a sleaze ball? NOT the guy that wouldn't develop his own service menu??? incredible and narrow minded.
In my opinion, what is wrong with our industry is that MOST are incapable of an independent thought......

 

[Greg Cole]

I applied


http://www.flickr.com/photos/crossroadstile/7194370898/sizes/l/in/photostream/
http://www.flickr.com/photos/crossroadstile/7194370094/sizes/l/in/photostream/
http://www.flickr.com/photos/crossroadstile/7194371272/sizes/l/in/photostream/
http://www.flickr.com/photos/crossroadstile/7194371648/sizes/l/in/photostream/

Ok- NOW that is hilarious

 

[davendana]

Sorry the 14 year old in me came out tonight. Off my meds and all

 

[Willy P]

Yep - the same old asshole who came here panhandling to bury a former employee/contractor. What a scumbag

* Disclaimer - although few could argue- these are the opinions of ME.

 

[Greg Cole]

Sorry the 14 year old in me came out tonight. Off my meds and all

It's ok- you gave the entire office staff a laugh! shiteatinggrin

 

[Mikey P]

Interesting comment. I developed a package.

You developed deodorizing/pad replacement/water claw use? really?

Spent millions promoting it.

So it costs "millions to keep a separate page to your site or add text to your coupons or did you run a tv/radio commercial promoting this infamous Pet Package

Another guy comes along and starts copying it.

If he was local and copied it exactly I can see you point, but what about the others who used the term before you and out of your area?

I protect myself and you call me a sleaze ball? NOT the guy that wouldn't develop his own service menu??? incredible and narrow minded.
In my opinion, what is wrong with our industry is that MOST are incapable of an independent thought.....

Is that the 1st question on your job application-"Are you capable of independent thought? NO? Great your hired!

 

[sam miller]

Is pet package a term your fighting for globally or just in Your service area's going after to keep a competitor's advertisement from looking Identical to Your own?

I mean My pet package is different I have a picutre of a dog and a Slogan "Oops did I do that? Oh well call Sam".

I let my dad use it. still if another company copied my existing ad I would be pissed!

Has anybody here subbed for Cole because there seem's to be alot of generalization's and assumption's

For Mike to say he worked for the same type is BS we were 2 rooms $12.50 and just clean the carpet for that price if they wont pay the extras! and If You walk Your breaking Your agreement to Honor the advertisement what was that called a $35.00 B/A.

Someone else said Greg give's his contractors a work schedule does He? We had guys fill out a work schedule telling us what days they wanted to work and we booked leads for them!

I'm not saying it is a good business model but My uncle Neal whos ran employee's always got hit by the EED and he's got policies in place to protect the employee from getting hurt got nailed for 80k.

Not every one is a Steve T taking 3 to 4 trucks to a million dollar company and retireing! Yet still working???

If these guys made any serious money they would have sold and retired and You would never hear from them again.

Hell If I could get 5 rentals property's paid for I would retire and live within my means.

Like anything Cole's just one attack by the IRS away from being broke just like the rest of us sinking rats.

Unless Your in Canada and everythings paid for!


My Uncle Clint who started Millers in 1974 said "The way I'm doing it now is the smartest way minimize cost and losses hang your hat on customer satisfaction". One customer at a time! I would rather swing a wand then sit behind a desk.

At least Mike got Cole to post again. even though the debate is Your a wussy no You, No You! Wussy. LOL

Sorry I'll go to work now!

 

[sam miller]

Back in the day we spent 70k a week on direct mail only.

The only people who made money was PS VP and Advo.

 

[Mikey P]

For Mike to say he worked for the same type is BS we were 2 rooms $12.50 and just clean the carpet for that price if they wont pay the extras! and If You walk Your breaking Your agreement to Honor the advertisement what was that called a $35.00 B/A.

Its the same BS Sam. Cole's basic package just costs a few bucks more than we did.

His techs still need to up sell "deeper cleaning" in order to make any money so naturally the basic cleaning will always be done half assed (just water) and after half the room is done Mrs Pift will be brought in and showed why she should upgrade her package..
For some of the Miller guys that meant adding Clean Green to the water and scrubbing with their shoe or wand, for some it meant using a rake after pre spraying with their wand/emulsifier and for some like me, it meant bringing in a 175..

And for some it meant squirting a bit of what ever hair shampoo was in the customer's bath tub/shower into their 5 gallon fill bucket.. :shock:

 

[Duane Oxley]

I don't get it.

When I was in the carpet care biz, we did a LOT of pet odor treatments. And "pet package" is a term we NEVER used. I don't see that it has any marketing advantage over other terms we used, or, commonly used- today.

It's a lot like thinking the word, "weiner", or, "frank", has a marketing advantage over "hot dog", "delicious hot dog", "best hot dog", etc., IMO.

 

[Greg Cole]

I don't get it.

When I was in the carpet care biz, we did a LOT of pet odor treatments. And "pet package" is a term we NEVER used. I don't see that it has any marketing advantage over other terms we used, or, commonly used- today.

It's a lot like thinking the word, "weiner", or, "frank", has a marketing advantage over "hot dog", "delicious hot dog", "best hot dog", etc., IMO.

Duane,
It's very simple. If someone else started selling a truckmount with the same name you use for less and thus stealing the name you have spent years and lots of $ developing, you would want to protect it. Even if you were using a name like the Boa Constrictor - if you started using it and marketing it first and then obtain the mark so it. It is yours. Doesn't matter if boa Constrictor is used in the heating and air business - you would own it for a truckmount carpet cleaner. Make sense?

 

[Greg Cole]

Back in the day we spent 70k a week on direct mail only.

The only people who made money was PS VP and Advo.

WOW! i thought I spent alot!
how many locations?

 

[Duane Oxley]

For something nationally- known, "Yes.".

For something local to one metro area, going half-way across the country to an area not market to... no.

But I don't have to agree with it... And me not "getting" it, isn't saying that I condemn it...

 

[truckmount girl]

Greg, it's not your name, it's too generic to be your name. If it was ProCarPET Package, then it would be unique and memorable, but simply TM'ing a term like "pet package", "pet treatment", "urine odor removal", etc....is not unique and far too generic to have any legal bite....it's not even memorable to the custy. Now if you had a logo for it, that would be something to TM, but just the words "pet package" is a lame attempt to intimidate someone from using a generic term that is common in the industry that you somehow suddenly wish to make exclusive to yourself.

You are swinging your dick around and if you don't watch out someone's gonna lop it off.

Take care,
Lisa

 

[Ed]

You are swinging your dick around and if you don't watch out someone's gonna lop it off.

:shock: :shock: :idea:

 

[bob vawter]

HOLY JEEBUS Lisa THAT was aterrible visual.......... :shock:

 

[Mikey P]

You'd think he would do far less swinging of that thing, all things considered..



Never did get an answer as to why I am a pussy.

 

[joey895]

So Greg you've been doing business in Mexico Beach, Fl since 1993 huh? Very interesting.

Hey, I think you missed my question earlier. How about giving us the low down on purchasing reviews? You know the normal stuff. How much does it cost? Is it effective? Is it ethical? Etc. Thanks

 

[LisaWagnerCRS]

Greg Cole has trademarked "pet package"

Sometimes when people cannot compete on skill, they try to limit it with legal tricks. It's a horrible sign of the decay of ethics and talent in some entrepreneurs.

That said, I have registered "pet crap and piss removal" - watch out! Instead of being the best cleaner I will focus on being the best litigator parasite. Woo hoo!

Lisa

 

[Mikey P]

This thread would have gone 4 posts deep on the New and Improved ICS before Evan got the call from Cole's pajama lawyer demanding it be taken down