# Name Change AGAIN!



## Pete Martin the Painter (Nov 8, 2012)

So, Pete the Painter of Illinois won his case against PPG, The day after Chrisn sent me a link to the verdict, I got a letter in my mailbox telling me that I have to change my company's name.
I am looking for some input on what I should change it to. Right now I am thinking about changing *Peter Martin Professional Painting Services*, so that way if there is any confusion about Pete the Painter no longer being around, at least they can track me down with my name.

Any Thoughts, advice, anybody have to go through this before?


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## fauxlynn (Apr 28, 2011)

Well, whatever you change it to, you're going to have to create an info update thingy to send to all of your current/past contacts/customers.....preferably with your old and new logo/etc. so they make a visual connection as well as absorbing the written info.


Good luck Pete!


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## Rbriggs82 (Jul 9, 2012)

How about Peter the Painter? Or Painter Pete? 

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## Pete Martin the Painter (Nov 8, 2012)

fauxlynn said:


> Well, whatever you change it to, you're going to have to create an info update thingy to send to all of your current/past contacts/customers.....preferably with your old and new logo/etc. so they make a visual connection as well as absorbing the written info.
> 
> 
> Good luck Pete!


Thanks, I already have the letter thing planned.

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## Pete Martin the Painter (Nov 8, 2012)

Rbriggs82 said:


> How about Peter the Painter? Or Painter Pete?
> 
> Sent from my LG-H910 using Tapatalk


Thanks, based on conversations I had over the summer with his lawyer I doubt the first one will work.

Sent from my VS987 using Tapatalk


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## Gwarel (May 8, 2012)

Pete The Professional Painter. One up......


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## CApainter (Jun 29, 2007)

How about "Court Ordered Painting" or Cop? Or "Paint Talk Pete's Painting and Bee Keeping" or whatever?


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## RH (Sep 7, 2010)

The Peter Painter?


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## Pete Martin the Painter (Nov 8, 2012)

Thinking about Pete's Painting Services.

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## Gwarel (May 8, 2012)

Reminds me of Famous Ray's Pizza


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## Schmidt & Co. (Nov 6, 2008)

Pete the Painter said:


> So, Pete the Painter of Illinois won his case against PPG, The day after Chrisn sent me a link to the verdict, I got a letter in my mailbox telling me that I have to change my company's name.
> I am looking for some input on what I should change it to. Right now I am thinking about changing *Peter Martin Professional Painting Services*, so that way if there is any confusion about Pete the Painter no longer being around, at least they can track me down with my name.
> 
> Any Thoughts, advice, anybody have to go through this before?


I'm sorry Pete. I know Pete in Illinois (he's in my PDCA chapter) and have heard him talk about his case for a few years now. I totally empathize with your situation.


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## PremierPaintingMa (Nov 30, 2014)

Just keep the same name and add MA at the end MA for Massachusetts.


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## Rbriggs82 (Jul 9, 2012)

Yeah the more I'm thinking im about it I think you should see if added to the name would work. Like Pete the Painter in MA. Then I'd only use the in MA part for business related filings and keep everything else Pete the Painter. Technically I'm Paragon Painting, 

Inc but the Inc is dropped except for my checks, bank account, and business filings. 

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## epretot (Dec 17, 2011)

What exactly happens if you don't change your name?

This is your name after all. Quite literally.

Also, I don't think it's a good idea to change it much. Perhaps these will work.

Pete, The Painter Guy
Pete, The Painter Man
Pete, The Painter of ________

Seems like for SEO stuff that will help with search results.

I didn't follow the history of your company name. Sounds like it's happened once before given the title of the thread. At some point, I would probably tell someone to piss off.


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## Pete Martin the Painter (Nov 8, 2012)

This is not actually the second time I have changed my name, just the second time dealing with "Pete the Painter" in Il. I have changed mu name to Pete the Painter of Gloucester, but because of the internet I come up second in a web search. Letter claims that there could be confusion that I an associated with him. Since this site is public I will not express how I feel about this arguement.
I do not have enough cash to hire a lawyer at over $200 an hour to fight it.

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## ProWallGuy (Apr 7, 2007)

Schmidt & Co. said:


> I'm sorry Pete. I know Pete in Illinois (he's in my PDCA chapter) and have heard him talk about his case for a few years now. I totally empathize with your situation.


I remember meeting that guy at the meeting up there. Is he a one man show, or got a big company?


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## ProWallGuy (Apr 7, 2007)

Your company name should not include your personal name. Imagine if you ever want to sell it. If you grow, it will be problems because people are wanting to hire "Pete," not one of Pete's employees. Using your personal name really limits your business IMHO.
Your company name should state what you do, and how you do it.


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## Gracobucks (May 29, 2011)

Pete the Painter said:


> I got one about a week ago that wanted all my contact info, which he could of gotten off my website. I went back and forth with him a few times (I like to do this for awhile for kicks and giggles) until he told me he was in the hospital and needed a favor. I am not sure why this is their MOD. Once he told me that I told him I knew he was a scammer and told him to f off. These people are so clueless. This one thought I was Pete the Painter in IL....the one that threatened to sue me if I did not change my comany's name.
> 
> Sent from my VS987 using Tapatalk


It's all because you didn't forward Pete the painter in IL this potential client.:glasses:

If I were you I would start learning the law on company names and defend myself. Even if I lost, I would feel better wasting his money on lawyers.


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## woodcoyote (Dec 30, 2012)

Pete the Painter said:


> This is not actually the second time I have changed my name, just the second time dealing with "Pete the Painter" in Il. I have changed mu name to Pete the Painter of Gloucester, but because of the internet I come up second in a web search. Letter claims that there could be confusion that I an associated with him. Since this site is public I will not express how I feel about this arguement.
> I do not have enough cash to hire a lawyer at over $200 an hour to fight it.
> 
> Sent from my VS987 using Tapatalk


Sorry to hear all that. Kinda sad when it comes to the whole lawyers for everything stuff. Most people don't have the money and even if they do, they don't want to spend several thousand on a lawyer when they have other things to spend thousands on. 

Have you ever thought of an acronym? Maybe PTP (Pete the Painter) and you can use the parenthesis in your advertising but the actual name is PTP? Or maybe something similar? Just a thought.


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## Wildbill7145 (Apr 30, 2014)

Some good information and background history on this issue here in this thread.

http://www.painttalk.com/f2/name-change-67273/

Sorry to hear this issue has resurfaced Pete. Life ain't easy.


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## RH (Sep 7, 2010)

Peter the Painter, 
Gloucester, MA


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## PACman (Oct 24, 2014)

how about "F U Pete the Painter". Has a nice ring to it.


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## Gymschu (Mar 11, 2011)

Before the days of the internet, Pete the Painter in IL would likely never even know you existed. Sorry you have to go through yet another hassle, Pete. I like "Pete's Painting Services" since you can call it PPS for short AND your regular customers will still recognize that it is you. If you change it too drastically, your regulars may have a hard time tracking you down or they may think you went out of business.

PACman PETE and the Elite Painting Fleet sorta has a ring to it and sounds a bit like a Beatle's song.


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## Wildbill7145 (Apr 30, 2014)

Gymschu said:


> PACman PETE and the Elite Painting Fleet sorta has a ring to it and sounds a bit like a Beatle's song.


Generational advertising. Nice touch. Don't forget about the under 40 crowd though.


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## PACman (Oct 24, 2014)

Wildbill7145 said:


> Generational advertising. Nice touch. Don't forget about the under 40 crowd though.


How about "Pete's insta-one coat paint and prime" for the instant gratification generation! Or maybe "Blow and go for Ida......No that's taken too.


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## Schmidt & Co. (Nov 6, 2008)

ProWallGuy said:


> I remember meeting that guy at the meeting up there. Is he a one man show, or got a big company?


He's got a number of guys. Shop and everything.


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## ElegantPainting (Aug 25, 2014)

Pete the Painter said:


> Thinking about Pete's Painting Services.
> 
> Sent from my VS987 using Tapatalk


I'd confirm with an attorney, but you cannot use the words "Pete" and "Painter" in your name, in the same industry. You also cannot use any variations of those words.


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## RH (Sep 7, 2010)

ElegantPainting said:


> I'd confirm with an attorney, but you cannot use the words "Pete" and "Painter" in your name, in the same industry. You also cannot use any variations of those words.


Why that thare is just plain crazy talk.


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## Epoxy Pro (Oct 7, 2012)

I have to chime in. Pete I told you before we had to deal with the same thing except the other c&d painting is out of the Cape. Our lawyer did a corporate name search for c&d painting of newburyport, it was available for us to use so we did. All you have to do is add Gloucester or MA at the end of your name and now you are a different corp.

As for why you show up second on a goolge search has zero to do with your name. That is basically how many times people search and click on your link. The more clicks the higher ranking (google ranking). Hell put our name into a google search and you will find us but not the other c&d painting until page 5-6. Our FB page alone has been getting 15+ hits a day. This will also drive up your google rankings.

Also since he does no business in MA you can add of MA, MASS or Massachusetts.


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## Epoxy Pro (Oct 7, 2012)

ElegantPainting said:


> I'd confirm with an attorney, but you cannot use the words "Pete" and "Painter" in your name, in the same industry. You also cannot use any variations of those words.


This is 100% inaccurate. If registering as a corp adding a word or two the end of your name makes you a different company. Trust me know for a fact. We did it. And it's all legal and legit. We have been an S-Corp for a few years now with no similar name issues, heck we don't even get calls from where the other c&d painting is located and they are in my state.


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## Pete Martin the Painter (Nov 8, 2012)

cdpainting said:


> I have to chime in. Pete I told you before we had to deal with the same thing except the other c&d painting is out of the Cape. Our lawyer did a corporate name search for c&d painting of newburyport, it was available for us to use so we did. All you have to do is add Gloucester or MA at the end of your name and now you are a different corp.
> 
> As for why you show up second on a goolge search has zero to do with your name. That is basically how many times people search and click on your link. The more clicks the higher ranking (google ranking). Hell put our name into a google search and you will find us but not the other c&d painting until page 5-6. Our FB page alone has been getting 15+ hits a day. This will also drive up your google rankings.
> 
> Also since he does no business in MA you can add of MA, MASS or Massachusetts.


Dave, I have Gloucester on the end of my company's name on all my on-line stuff. His lawyer claims that there might be confusion that I am a Massachusetts branch of his company. I think that I might have a good chance of winning in court if it went that far, but with all of the stuff going on in my life, wife's cancer (my wife has to go two weeks without pay before she can use the sick bank at her school) and settling into a new house, trying to do this might stress the finances a bit too much.

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## Gracobucks (May 29, 2011)

cdpainting said:


> I have to chime in. Pete I told you before we had to deal with the same thing except the other c&d painting is out of the Cape. Our lawyer did a corporate name search for c&d painting of newburyport, it was available for us to use so we did. All you have to do is add Gloucester or MA at the end of your name and now you are a different corp.
> 
> As for why you show up second on a goolge search has zero to do with your name. That is basically how many times people search and click on your link. The more clicks the higher ranking (google ranking). Hell put our name into a google search and you will find us but not the other c&d painting until page 5-6. Our FB page alone has been getting 15+ hits a day. This will also drive up your google rankings.
> 
> Also since he does no business in MA you can add of MA, MASS or Massachusetts.


Maybe you should call Dave's Lawyer. Hiring a lawyer to fight it may be costly but so is changing your name. If you miss a few jobs because you changed your name that would of paid for the lawyer. You need to stop listening to his lawyer advise. He doesn`t work for you.

Welcome Back Dave. Wasn't the same without you.


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## Schmidt & Co. (Nov 6, 2008)

Pete the Painter said:


> Dave, I have Gloucester on the end of my company's name on all my on-line stuff. His lawyer claims that there might be confusion that I am a Massachusetts branch of his company. I think that I might have a good chance of winning in court if it went that far, but with all of the stuff going on in my life, wife's cancer (my wife has to go two weeks without pay before she can use the sick bank at her school) and settling into a new house, trying to do this might stress the finances a bit too much.
> 
> Sent from my VS987 using Tapatalk


Don't listen to the advise of his lawyer, listen to the advise of YOUR lawyer. The other lawyer only has the other painters interests in mind, not yours.


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## Wildbill7145 (Apr 30, 2014)

I know that PWG said that putting your own name in your business name is a bad idea, but didn't the other guys lawyer say at one point that Peter Martin Painting would be acceptable?

Just had another thought Pete. I know here in Canada, some University Law Schools have programs where senior students assist people with legal issues addressing various topics for free under the supervision of a law professor. Gives them experience, gives you free not so amateur legal advice and possible representation.

Some of these students will have already entered into areas of specialization like trademark law, etc. Just might be worth something looking into.

Don't ask me how I know about this. I was much younger and more foolish back then.


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## finishesbykevyn (Apr 14, 2010)

Pete the Painter said:


> So, Pete the Painter of Illinois won his case against PPG, The day after Chrisn sent me a link to the verdict, I got a letter in my mailbox telling me that I have to change my company's name.
> I am looking for some input on what I should change it to. Right now I am thinking about changing *Peter Martin Professional Painting Services*, so that way if there is any confusion about Pete the Painter no longer being around, at least they can track me down with my name.
> 
> Any Thoughts, advice, anybody have to go through this before?


Maybe a name change could be a good thing. I'm not fond of first name companies. Your current clients will always know how to find you. Think of this as a new chapter..
How about PG coatings and finishes.


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## futtyos (Aug 11, 2013)

How about changing your name to TPFKAPTP?

futtyos


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## Pete Martin the Painter (Nov 8, 2012)

So, I have, for now, decided to follow WildBill's a Dave's advice. Boston College does have a program for free legal advice, and they do deal with trademark issues. So, I contacted the woman in charge of the office that deals with trademarks, and told her all of the information. Hopefully I will hear from her soon.


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## RH (Sep 7, 2010)

Many communities also have retired lawyers who do pro bono work or new and fledgling business services with legal help. Check with your local business development entities for possible sources of assistance.


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## Epoxy Pro (Oct 7, 2012)

Pete the Painter said:


> Dave, I have Gloucester on the end of my company's name on all my on-line stuff. His lawyer claims that there might be confusion that I am a Massachusetts branch of his company. I think that I might have a good chance of winning in court if it went that far, but with all of the stuff going on in my life, wife's cancer (my wife has to go two weeks without pay before she can use the sick bank at her school) and settling into a new house, trying to do this might stress the finances a bit too much.
> 
> Sent from my VS987 using Tapatalk


Perfect example here.

Our name was c&d painting we got one of those letters and our corporate lawyer simply added of newburyport and then got us our S-Corp stuff done. If there was an issue with maybe a customer contacting the wrong c&d painting was slim. We also had to give a list of 5 names just incase one was taken or we couldn't use it. c&d painting of newburyport was our first choice and it was approved.

So since we and the other c&d painting are both in MA and we simply added wording to the end of ours that cleared any confusion.


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## thinkpainting/nick (Dec 25, 2012)

Hey the Idaho painter does very well with his name. As did mynold buddy Walpole Roofing. 

The Glouster Painter / Peter Smith Owner. Sounds good to me. ( don't know your last name). 

THINKPAINTING has served me well but everyone knows it's me Nick who is the owner


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## HC-Raad (Jan 26, 2017)

Pete the Painter said:


> So, Pete the Painter of Illinois won his case against PPG, The day after Chrisn sent me a link to the verdict, I got a letter in my mailbox telling me that I have to change my company's name.
> I am looking for some input on what I should change it to. Right now I am thinking about changing *Peter Martin Professional Painting Services*, so that way if there is any confusion about Pete the Painter no longer being around, at least they can track me down with my name.
> 
> Any Thoughts, advice, anybody have to go through this before?


*Peter Martin Professional Painting Service* is too long of a name.
Think of an easy name to remember for example - CertaPro.

You are a local business, not a nationwide brand. I would keep your name. The hell with that other guy (tell him to sue you, Pete is your name). Make your location clear on your web site, and it would be pretty hard to confuse the two of you. No confusion, no need to change your name.


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## HC-Raad (Jan 26, 2017)

This was in my neck of the woods today. I had to take a pic. :vs_laugh:

Pete, change your name to: "Pete Pro Painter" on the internet and locally keep it "Pete The Painter"


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## RH (Sep 7, 2010)

HC-Raad said:


> This was in my neck of the woods today. I had to take a pic. :vs_laugh:
> 
> Pete, change your name to: "Pete Pro Painter" on the internet and locally keep it "Pete The Painter"


Damn! I was just going to suggest that Pete change his name to "Pete the Plumber". Too late now I guess - he'd probably get sued by THAT guy.


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## Stretch67 (Oct 7, 2013)

Peterpro?

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## RH (Sep 7, 2010)

bryceraisanen said:


> Peterpro?
> 
> Sent from my SM-G930T using Tapatalk


I don't know, that and "ProPeter" might get him some calls about a different kind of service. Not that that might be a bad thing - especially if things are slow. :devil3:


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## SemiproJohn (Jul 29, 2013)

Peter Martin Painting. 

Short enough, has a nice ring to it. Professional, Succinct.


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## RH (Sep 7, 2010)

SemiproJohn said:


> Peter Martin Painting.
> 
> Short enough, has a nice ring to it. Professional, Succinct.


All kidding aside, I have to agree with SPJohn on this. Has a good solid sound to it.


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## RH (Sep 7, 2010)

Or, if that's too boring and staid, how about, "_Peter's Purple Panda Painting_"? You could paint your van up and have a big purple colored panda on the side. It would ceertainly be unique since I'm sure no one has ever thought of that before. Please tell me what you think - I can take it.


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## Wildbill7145 (Apr 30, 2014)

SemiproJohn said:


> Peter Martin Painting.
> 
> Short enough, has a nice ring to it. Professional, Succinct.


This was pretty much what was decided on in the previous thread, and I think that Pete should be held to it on that count alone. The masses have spoken. Hell, I even made an ethereal interweb tshirt about it as I remember.


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## goga (Aug 6, 2015)

Gwarel said:


> Pete The Professional Painter. One up......


PaintingPetPro is more advertiseble.


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## RH (Sep 7, 2010)

RH said:


> Or, if that's too boring and staid, how about, "_Peter's Purple Panda Painting_"? You could paint your van up and have a big purple colored panda on the side. It would ceertainly be unique since I'm sure no one has ever thought of that before. Please tell me what you think - I can take it.


So - no one remembers the guy a few years back posting and asking about his "Purple Panda" logo idea (where's Edgar?)? Let's just say the response wasn't what he expected. Maybe I should go back and dig it up and repost it - it's sort of a classic.


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## Admin (Jan 4, 2010)

PM me, when and if you need your username changed here.

Sorry you are going through this. :sad:


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## ReNt A PaInTeR (Dec 28, 2008)

RH said:


> So - no one remembers the guy a few years back posting and asking about his "Purple Panda" logo idea (where's Edgar?)? Let's just say the response wasn't what he expected. Maybe I should go back and dig it up and repost it - it's sort of a classic.


:lol::lol::lol::lol::lol:


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## RH (Sep 7, 2010)

ReNt A PaInTeR said:


> :lol::lol::lol::lol::lol:


See? I knew could count on you! :biggrin:


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## Schmidt & Co. (Nov 6, 2008)

ReNt A PaInTeR said:


> :lol::lol::lol::lol::lol:


I TOTALLY forgot about that. Good times, good times. :vs_laugh:


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## RH (Sep 7, 2010)

Schmidt & Co. said:


> I TOTALLY forgot about that. Good times, good times. :vs_laugh:


I loved how he said that he wanted everyone to tell him the truth and that he could take it if we didn't like his idea. Then he totally lost it when just about everyone hated it.


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## ReNt A PaInTeR (Dec 28, 2008)

Schmidt & Co. said:


> I TOTALLY forgot about that. Good times, good times. :vs_laugh:


I made you one since you liked it. :vs_laugh:


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## RH (Sep 7, 2010)

ReNt A PaInTeR said:


> I made you one since you liked it. :vs_laugh:


Quick - run with it Paul - before Pete does! :devil3:


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## HC-Raad (Jan 26, 2017)

Pete the Painter said:


> So, Pete the Painter of Illinois won his case against PPG, The day after Chrisn sent me a link to the verdict.


I saw on a Painters Chat Group, this case was settled out of court. Which means, there was no trial and no verdict. A verdict is a decision made by a jury, at trial.


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## HC-Raad (Jan 26, 2017)

Wildbill7145 said:


> Just had another thought Pete. I know here in Canada, some University Law Schools have programs where senior students assist people with legal issues addressing various topics for free under the supervision of a law professor. Gives them experience, gives you free not so amateur legal advice and possible representation.
> 
> Some of these students will have already entered into areas of specialization like trademark law, etc. Just might be worth something looking into.


Lawyers don't have all the answers. 

This is what a lawyer will tell you:

He has a federal trademark, yes, he can sue you, but will he? I don't know!
Should you change your name? If you don't want to risk being sued, yes, again, will he sue you? I don't know.


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## RH (Sep 7, 2010)

Unlike claims made by some past members, I've never been sued or sued anyone - ever.

So if Pete was to do nothing, and eventually this other guy decided to take action, wouldn't the burden of proof be on him to show that MA Pete damaged his business or caused confusion in the mind of his potential customers? And what about court costs? Would the plaintiff automatically be responsible or would the loser have to pay? Maybe the rules for the latter could vary depending on the state the suit is filed in.


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## HC-Raad (Jan 26, 2017)

RH said:


> Unlike claims made by some past members, I've never been sued or sued anyone - ever.
> 
> So if Pete was to do nothing, and eventually this other guy decided to take action, wouldn't the burden of proof be on him to show that MA Pete damaged his business or caused confusion in the mind of his potential customers? And what about court costs? Would the plaintiff automatically be responsible or would the loser have to pay? Maybe the rules for the latter could vary depending on the state the suit is filed in.


I've never been sued either. I have had some law courses. I was going to be a police officer. I took civil law as well as criminal. 

Pete from Illinois case was filed in federal court (in federal cases, state doesn't matter). Pete from Illinois case was settled out of court, which means the lawyers settled through phone conferences and/or US mail. 

Why are you assuming that Pete Martin (if sued), would not settle out of court, and would have to go to trial and battle it out? Even the Plaintiff doesn't want to go to trial (it would cost him more in legal fees). It's up to the defendant to offer a settlement. The only thing the plaintiff wants is for the defendant to stop using his mark. It's pretty simple. 

If the defendant is not willing to give the plaintiff what they want, then the case goes to trial. I am willing to bet, that Pete from MA, if sued, would cave in, and stop using the name. Therefore, the case world be settled. No trial, no court fees. 

Maybe you guys should get attorneys, because you seem to need to be educated. I am not going to give further explanations.


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## Pete Martin the Painter (Nov 8, 2012)

I have contacted Suffolk University, which has a dept that offers free legal counsel for trademark cases. I am still waiting to hear from them.

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## Pete Martin the Painter (Nov 8, 2012)

RH said:


> Quick - run with it Paul - before Pete does! :devil3:


I have never, nor will I ever consider, using a purple panda.

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## RH (Sep 7, 2010)

Pete the Painter said:


> I have never, nor will I ever consider, using a purple panda.
> 
> Sent from my VS987 using Tapatalk


You never want to say never - maybe you should put a lock on it just in case. _Pete the Purple Panda Painter_ at least has a strong alliteration thing going for it - pretty catchy. :wink:


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## Jerr (Feb 15, 2017)

That is a bummer this happened. Best of luck to yoh


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## HC-Raad (Jan 26, 2017)

Pete the Painter said:


> I have contacted Suffolk University, which has a dept that offers free legal counsel for trademark cases. I am still waiting to hear from them.
> 
> Sent from my VS987 using Tapatalk


Pete the Painter Illinois, owns the name "Pete the Painter" throughout the 50 states and has full rights to protect his trademark. He has the right to sue you to STOP you from using his mark, regardless of damages or not. The choice is his. No lawyer can predict what Pete from Illinois will do.

*Please, when you get your advice, please share*.


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## Rbriggs82 (Jul 9, 2012)

OMG the Panda logo! That has to be my all time favorite PT thread. :yes:

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## RH (Sep 7, 2010)

HC-Raad said:


> I've never been sued either. I have had some law courses. I was going to be a police officer. I took civil law as well as criminal.
> 
> Pete from Illinois case was filed in federal court (in federal cases, state doesn't matter). Pete from Illinois case was settled out of court, which means the lawyers settled through phone conferences and/or US mail.
> 
> ...


Calm down bud. No one here is even remotely offering Pete legal advice. Similar stuff revolving around legal matters has come up before and it makes for some interesting discussions, speculation, and "what ifs", nothing more - and no one is assuming anything. 

Members are never encouraged to act on anything they read here concening legal issues and most know better than to take any legal advice from a bunch of painters - even if they did take some law courses.


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## Pete Martin the Painter (Nov 8, 2012)

HC-Raad said:


> Pete the Painter Illinois, owns the name "Pete the Painter" throughout the 50 states and has full rights to protect his trademark. He has the right to sue you to STOP you from using his mark, regardless of damages or not. The choice is his. No lawyer can predict what Pete from Illinois will do.
> 
> *Please, when you get your advice, please share*.


I have actually talked to a lawyer when he first contacted me, and I was told that since he is in Illinois and I am in Massachusetts that he cannot tell me that I cannot use it. But, he also told me that the internet, since customers in Illinois can find me, might complicate things.

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## ReNt A PaInTeR (Dec 28, 2008)

Maybe its just me. 

But I'm sure as hell You won't have any problems with "Station Wagon Painter"


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## HC-Raad (Jan 26, 2017)

RH said:


> Calm down bud. No one here is even remotely offering Pete legal advice. Similar stuff revolving around legal matters has come up before and it makes for some interesting discussions, speculation, and "what ifs", nothing more - and no one is assuming anything.
> 
> Members are never encouraged to act on anything they read here concening legal issues and most know better than to take any legal advice from a bunch of painters - even if they did take some law courses.


RH, I am calm. :wink:

I paint for a living, however, I have studied copyright, trademark and servicemark law. I own several books written by attorneys that cover these matters. And I have read them. 

There really is no advice that can be given by an attorney, that adds up to anything of value. Pete is not being sued at the moment. We are talking hypothetical.


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## HC-Raad (Jan 26, 2017)

Pete the Painter said:


> I have actually talked to a lawyer when he first contacted me, and I was told that since he is in Illinois and I am in Massachusetts that he cannot tell me that I cannot use it. But, he also told me that the internet, since customers in Illinois can find me, might complicate things.
> 
> Sent from my VS987 using Tapatalk


And that is pretty much what I said a few threads back. *You can use it locally*, but on the internet, it can be a problem. He can try to stop you from using it on the internet. However, he may just leave you alone. And that is pretty much what any lawyer will tell you (there is no magic legal advice you will get). No one has a crystal ball and can foresee what Pete from Illinois will do. I would ask Pete himself what his intentions are. He may tell you to go through his lawyer.


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## HC-Raad (Jan 26, 2017)

I would put is on the bottom of every page on your web site. Or something like it. 

*Disclaimer:* _Pete the Painter of Gloucester MA, is not affiliated with any other company throughout the USA, that may go by the same business and/or trade name._


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## RH (Sep 7, 2010)

HC-Raad said:


> And that is pretty much what I said a few threads back. *You can use it locally*, but on the internet, it can be a problem. He can try to stop you from using it on the internet. However, he may just leave you alone. And that is pretty much what any lawyer will tell you (there is no magic legal advice you will get). No one has a crystal ball and can foresee what Pete from Illinois will do. I would ask Pete himself what his intentions are. He may tell you to go through his lawyer.


I imagine there are still a few out there that have no internet presence but even most of us old timers have some sort - even if it's just a Facebook page. Add a website to that and suddenly you have a presence that can literally be worldwide. Sounds like this would be an entirely "new" realm of law - internet trademark infringement, or something like that.

We were over at the coast yesterday and saw a business called "Pets Bath and Beyond". Clever - but even I had to wonder if they might eventually end up in the crosshairs of the real BB& B since it's obviously playing off their name. Guess, as you said, it all depends on how zealous a potential claiment might be about it.


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## CApainter (Jun 29, 2007)

This is turning into a real Flaw and Disorder.


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## HC-Raad (Jan 26, 2017)

RH said:


> I imagine there are still a few out there that have no internet presence but even most of us old timers have some sort - even if it's just a Facebook page. Add a website to that and suddenly you have a presence that can literally be worldwide. Sounds like this would be an entirely "new" realm of law - internet trademark infringement, or something like that.
> 
> We were over at the coast yesterday and saw a business called "Pets Bath and Beyond". Clever - but even I had to wonder if they might eventually end up in the crosshairs of the real BB& B since it's obviously playing off their name. Guess, as you said, *it all depends on how zealous a potential claiment might be about it. *


Yes, it depends on how serious a trademark holder takes it. It's really kinda odd to trademark a local business anyway. The guy is definitely over the top.


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## ReNt A PaInTeR (Dec 28, 2008)

Rbriggs82 said:


> OMG the Panda logo! That has to be my all time favorite PT thread. :yes:
> 
> Sent from my LG-H910 using Tapatalk


Say no more. :tongue_smilie:


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## Rbriggs82 (Jul 9, 2012)

ReNt A PaInTeR said:


> Say no more. :tongue_smilie:


That's too funny just saved it to my hard drive for safe keeping. I'm gonna act all serious and tell my wife I just came up with the best logo ever. I wonder if she'll let me down easy or just call me an idiot and walk away...


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## Rbriggs82 (Jul 9, 2012)

She laughed, called me a moron and then said it'll make by business look like a disgrace. Pretty sure she thinks I was serious...



Sent from my LG-H910 using Tapatalk


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## ReNt A PaInTeR (Dec 28, 2008)

:lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:


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## RH (Sep 7, 2010)

Rbriggs82 said:


> She laughed, called me a moron and then said it'll make by business look like a disgrace. Pretty sure she thinks I was serious...
> 
> Sent from my LG-H910 using Tapatalk


Well then, that sounds like it would be a step up - right? :devil3: :wink:


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## Rbriggs82 (Jul 9, 2012)

RH said:


> Well then, that sounds like it would be a step up - right? :devil3: :wink:


Finally some truth in advertising!


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## Pete Martin the Painter (Nov 8, 2012)

Finally got to talk to a trademark lawyer, and the advice that I got was that although I might be able to win because he is in Illinois and I am in Massachusetts, it might get expensive. I told him that I really had no desire to go to court. He took a look at the documents that they sent me and felt that the guy was on a bit of a warpath...willing to spend the money to take me down...so there will be a rebranding coming soon. Hopefully not too much of a change.

Sent from my VS987 using Tapatalk


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## epretot (Dec 17, 2011)

Pete the Painter said:


> Finally got to talk to a trademark lawyer, and the advice that I got was that although I might be able to win because he is in Illinois and I am in Massachusetts, it might get expensive. I told him that I really had no desire to go to court. He took a look at the documents that they sent me and felt that the guy was on a bit of a warpath...willing to spend the money to take me down...so there will be a rebranding coming soon. Hopefully not too much of a change.
> 
> Sent from my VS987 using Tapatalk


Do you have his address?


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## Pete Martin the Painter (Nov 8, 2012)

He is in Nothbrook, Il. Easy enough to find the address on google.

Sent from my VS987 using Tapatalk


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## HC-Raad (Jan 26, 2017)

Pete the Painter said:


> Finally got to talk to a trademark lawyer, and the advice that I got was that although I *might* be able to win because he is in Illinois and I am in Massachusetts, *it might get expensive*. *I told him that I really had no desire to go to court.* He took a look at the documents that they sent me and felt that the guy was on a bit of a warpath...willing to spend the money to take me down...so there will be a rebranding coming soon. Hopefully not too much of a change.
> 
> Sent from my VS987 using Tapatalk


Pete, I pretty much told you the same thing as the lawyer. A thank you would have been nice -huh? Notice the lawyer said, you might win? He doesn't know for sure. Cases settle out of court anyway. You are so hung-up on the court appearance that would never happen. 

If the guy sued you, you wouldn't even have to fight it. So it wouldn't cost you a penny. Like I said before - if I was sued, I would write a letter stating, I agree to sign a *permanent injunction order*, not to use the name "Pete The Painter" and their lawyer would have the case dismissed. At no cost to you. 

But anyways - come up with a name that is 100% original. Why call yourself Pete the Painter if others are too?


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## getrex (Feb 13, 2017)

Pete the Colorizer! Pete the Repainter!


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## ridesarize (Jun 19, 2012)

Pete's perfect painting, or Perfect Painter Pants Peter's Services . Kidding, 

Master Paint Works
(Last Name) Paint Works.
Massachusetts Paint Works.
Pete's Paint Service, MA.
Pete's Coastal Colors

Master Applicators of Gloucester (or MA)
Pete's Master Applicators.
Pete's Painting and Finishing.
Pete's Colors of MA.
Coast Painting (by Peter)
Coastal Colors by Pete.
Pete's Custom Finishes. 
Pete's Custom Colors.
The Paint Pedaler.
Pete the Pedalling Painter.
Behind Bars Painting (You know handle bars)
High Gear Painting
Pete's Fondo Painting. lol


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## ridesarize (Jun 19, 2012)

Gran Fondo Painting.
Pete's Painting Peloton
Or
The Peloton Painter,
So many I could go on but I'll spare everyone the pain.


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## Pete Martin the Painter (Nov 8, 2012)

HC-Raad said:


> Pete, I pretty much told you the same thing as the lawyer. A thank you would have been nice -huh? Notice the lawyer said, you might win? He doesn't know for sure. Cases settle out of court anyway. You are so hung-up on the court appearance that would never happen.
> 
> If the guy sued you, you wouldn't even have to fight it. So it wouldn't cost you a penny. Like I said before - if I was sued, I would write a letter stating, I agree to sign a *permanent injunction order*, not to use the name "Pete The Painter" and their lawyer would have the case dismissed. At no cost to you.
> 
> But anyways - come up with a name that is 100% original. Why call yourself Pete the Painter if others are too?


The lawyer that I spoke with told me that even if I decided to not go to court it could get expensive for me. He told me that they guy, since he would have to go through the expense of hiring a lawyer in Massachusetts might decide to make me "pay." So, it is always best to talk to an expert.

Sent from my VS987 using Tapatalk


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## PACman (Oct 24, 2014)

Hope i don't get sued for using Pacman!


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## Pete Martin the Painter (Nov 8, 2012)

So, its official the company name will now be "Pete Martin the Painter." This is not so bad. I will still be able to be found if someone googles "Pete the Painter."

Sent from my VS987 using Tapatalk


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## PACman (Oct 24, 2014)

I talked to an attorney friend about this last night, but of course this is not any legal advice, But he finds it hard to believe that any judge would rule against you using your name with the term "the painter" after it unless you were in a close proximity to another "pete the painter". The term "the painter" is public domain and can't be trademarked, and you cannot exclude someone from using their legal name in a business name. Again it's pretty much just a question of whether it's worth the money to take it to court or not, and that is what that guy is counting on. Maybe you'll hit the lottery and can spend the money to mess with the guy.


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## RH (Sep 7, 2010)

PACman said:


> I talked to an attorney friend about this last night, but of course this is not any legal advice, But he finds it hard to believe that any judge would rule against you using your name with the term "the painter" after it unless you were in a close proximity to another "pete the painter". The term "the painter" is public domain and can't be trademarked, and you cannot exclude someone from using their legal name in a business name. Again it's pretty much just a question of whether it's worth the money to take it to court or not, and that is what that guy is counting on. Maybe you'll hit the lottery and can spend the money to mess with the guy.


That's the first thing concerning all of this that has made sense to me. I would have said, "screw him", and carried on.


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## Pete Martin the Painter (Nov 8, 2012)

PACman said:


> I talked to an attorney friend about this last night, but of course this is not any legal advice, But he finds it hard to believe that any judge would rule against you using your name with the term "the painter" after it unless you were in a close proximity to another "pete the painter". The term "the painter" is public domain and can't be trademarked, and you cannot exclude someone from using their legal name in a business name. Again it's pretty much just a question of whether it's worth the money to take it to court or not, and that is what that guy is counting on. Maybe you'll hit the lottery and can spend the money to mess with the guy.


If I had the money I would have fought it to the end. But I have too many others things that need my precious funds like a leaking roof and need for a better power washer. Maybe he will go after another Pete the Painter that has been in business longer and more established with more funds available, but right now I do not have the funds nor do I want the added stress.

Sent from my VS987 using Tapatalk


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## RH (Sep 7, 2010)

Pete the Painter said:


> If I had the money I would have fought it to the end. But I have too many others things that need my precious funds like a leaking roof and need for a better power washer. Maybe he will go after another Pete the Painter that has been in business longer and more established with more funds available, but right now I do not have the funds nor do I want the added stress.
> 
> Sent from my VS987 using Tapatalk


We could have started a "Pete the Painter defense fund". I would have been happy to have gotten the ball rolling by kicking in a buck.:vs_closedeyes:


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## johnthepainter (Apr 1, 2008)

Business names are good to keep.


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## johnthepainter (Apr 1, 2008)

consider *the real* Pete The Painter


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## HC-Raad (Jan 26, 2017)

Pete the Painter said:


> If I had the money I would have fought it to the end. But I have too many others things that need my precious funds like a leaking roof and need for a better power washer. Maybe he will go after another Pete the Painter that has been in business longer and more established with more funds available, but right now I do not have the funds nor do I want the added stress.
> 
> Sent from my VS987 using Tapatalk


Pete, fight what? There is no fight at this point, you are not being sued! You are your own worst enemy in the situation, man. Seriously!!!

I have to say this man - I am very disappointed you are letting this guy bully you. This photo is the only description of your actions I can express. Sorry mods, Pete needs a dose of truth. 

From google: About 97 percent of civil cases are settled or dismissed without a trial. The number tried in court fell from 22,451 in 1992 to 11,908 in 2001, according to the study.


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## HC-Raad (Jan 26, 2017)

PACman said:


> I talked to an attorney friend about this last night, but of course this is not any legal advice, But he finds it hard to believe that any judge would rule against you using your name with the term "the painter" after it unless you were in a close proximity to another "pete the painter". The term "the painter" is public domain and can't be trademarked, and you cannot exclude someone from using their legal name in a business name. Again it's pretty much just a question of whether it's worth the money to take it to court or not, and that is what that guy is counting on. Maybe you'll hit the lottery and can spend the money to mess with the guy.


Thanks for the post. Before I read this, I was going to say, no two Attorney's are going to tell you the same thing. Just like painters or any other profession. 

Pete's Attorney didn't give actual "legal advice", it was more of a prediction than anything. And that is all that I would expect from an Attorney. Pete might as well go to a psychic for his dilemma. :vs_laugh:


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## HC-Raad (Jan 26, 2017)

RH said:


> We could have started a "Pete the Painter defense fund". I would have been happy to have gotten the ball rolling by kicking in a buck.:vs_closedeyes:


And he could get a cup of coffee, and wake-up and realize ..... HE IS NOT BEING SUED! :vs_no_no_no:


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## HC-Raad (Jan 26, 2017)

Pete the Painter said:


> So, its official the company name will now be *"Pete Martin the Painter."* This is not so bad. I will still be able to be found if someone googles "Pete the Painter."
> 
> Sent from my VS987 using Tapatalk


It's too long. Do some research on logos and branding.
Short memorable names is the best way to go.

Pick out the name below that doesn't belong?

Walmart
Lowes
Sears
cosco
Kmart
CertaPro
Pete Martin the Painter


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## chrisn (Jul 15, 2007)

HC-Raad said:


> Pete, fight what? There is no fight at this point, you are not being sued! You are your own worst enemy in the situation, man. Seriously!!!
> 
> I have to say this man - I am very disappointed you are letting this guy bully you. This photo is the only description of your actions I can express. Sorry mods, Pete needs a dose of truth.
> 
> From google: About 97 percent of civil cases are settled or dismissed without a trial. The number tried in court fell from 22,451 in 1992 to 11,908 in 2001, according to the study.


I tend to agree, I think the other Pete is just blowing smoke and most likely has no more money that our Pete


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## Epoxy Pro (Oct 7, 2012)

chrisn said:


> HC-Raad said:
> 
> 
> > Pete, fight what? There is no fight at this point, you are not being sued! You are your own worst enemy in the situation, man. Seriously!!!
> ...


I guess I can't say this enough. When we started out as c&d painting we were contacted by a c&d painting out of Cape Cod, MA, we are also located in MA and all we had to do to register to become an S-Corp was simply add of newburyport to our name. We are an S-Corp. If we couldn't use a similar name we wouldn't have c&d painting of newburyport.

Pete add of Gloucester to the end of your name. Problem solved. Go as far and do a corporate name search. You will find the name is available.


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## Pete Martin the Painter (Nov 8, 2012)

cdpainting said:


> I guess I can't say this enough. When we started out as c&d painting we were contacted by a c&d painting out of Cape Cod, MA, we are also located in MA and all we had to do to register to become an S-Corp was simply add of newburyport to our name. We are an S-Corp. If we couldn't use a similar name we wouldn't have c&d painting of newburyport.
> 
> Pete add of Gloucester to the end of your name. Problem solved. Go as far and do a corporate name search. You will find the name is available.


David,
I respect your advice a lot, but I have already changed my name to Pete the Painter of Gloucester. Your case might have been much simpilier than mine because the company that was going after you was not a wack job. My guy went after the biggest paint company in the world, and it backed down. My lawyer told me that all that matters is that my company's name is Pete the Painter. He said that 20 years ago this would not even be a case, but since I am 2nd in Google searches It now matters.

Sent from my VS987 using Tapatalk


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## Pete Martin the Painter (Nov 8, 2012)

HC-Raad said:


> Pete, fight what? There is no fight at this point, you are not being sued! You are your own worst enemy in the situation, man. Seriously!!!
> 
> I have to say this man - I am very disappointed you are letting this guy bully you. This photo is the only description of your actions I can express. Sorry mods, Pete needs a dose of truth.
> 
> From google: About 97 percent of civil cases are settled or dismissed without a trial. The number tried in court fell from 22,451 in 1992 to 11,908 in 2001, according to the study.


Really. They guy went after PPG, it had a huge law firm behind it, tons of money to spend and it decided to give up the fight.
My lawyer (you know the one that did not give me real advice) told me based on the documents I sent him that the guy is a most likely going to pursue, and even if I decide to settle out of court he could make it so I would have to pay thousands.
I, on the other hand, have a wife in chemo for breast cancer. She had to stay in the hospital many nights after the operation. The past week three nights in the hospital because her white blood cell count was dangerously low. Every night she stays overnight we get a bill because insurance does not cover all the costs. I also have a new home that is in need of many repairs.
You seem to be a really bright guy, or at least believe you know more than most people, why don't you get some of the money that you smartly invested and send it my way, and I will gladly spend it fighting this guy. You must have at least as much as PPG had at its disposal.

Sent from my VS987 using Tapatalk


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## PACman (Oct 24, 2014)

The worst part of this is the fact that this "pete the painter" guy has probably not painted 5hit in years.


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## HC-Raad (Jan 26, 2017)

Pete, you will learn more from this below, than any lawyer will have time to teach and/or explain to you. This is the actual law - not a prediction from a lawyer, based on a *Cease and Desist* letter you received from the trademark owner. 

Trademark infringement
Definition

Trademark law protects a trademark owner's exclusive right to use a trademark when use of the mark by another would be likely to cause consumer confusion as to the source or origin of goods. To establish a violation of the Lanham Act for either a registered mark under 15 U.S.C. § 1114, or an unregistered mark under 15 U.S.C. § 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion. See A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 237 F.3d 198 (3rd Cir. 2000).
Overview

To prevail on a claim of trademark infringement, a plaintiff must establish that it has a valid mark entitled to protection; and that the defendant used the same or a similar mark in commerce in connection with the sale or advertising of goods or services without the plaintiff's consent. The plaintiff must also show that defendant's use of the mark is likely to cause confusion as to the affiliation, connection or association of defendant with plaintiff, or as to the origin, sponsorship, or approval of defendant's goods, services or commercial activities by plaintiff. See 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d Cir. 2005). Thus, "use," "in commerce," and "likelihood of confusion" are three distinct elements necessary to establish a trademark infringment claim. 

"Use"

"Use" of a trademark by an alleged infringer must be established as a threshold matter. Any number of activities may be "in commerce" or create a "likelihood of confusion," however, such activities do not violate the Lanham Act absent the use of a trademark. The use requirement serves a limiting function by preventing trademark holders from asserting a generalized right to control language. Some conduct through which a seller or producer seeks to capitalize on a competitor's name recognition does not amount to use for purposes of a trademark infringement claim. "Pop-up" advertisements on the Internet or specific product placement in retail stores may be objectionable to the holder of a trademark, but such uses do not amount to trademark use and are not actionable under the Lanham Act. See 1-800 Contacts, Inc. v. WhenU.com, Inc., 414 F.3d 400 (2d Cir. 2005). 

"In commerce"

The statutory requirement that an alleged infringing use of a trademark be "in commerce" to establish a claim of infringement under the Lanham Act is derived from trademark law's basis in the congressional power to regulate interstate commerce. To satisfy the "in commerce" requirement, the plaintiff must demonstrate that the allegedly infringing activities have a substantial effect on interstate commerce. Activities that meet the "in commerce" requirement include: advertising by the alleged infringer in more than one state; interstate movement of goods bearing an infringing mark from manufacturer to seller; sending a product to another state for the purpose of registering a trademark; and advertising in newspapers that have interstate distribution, on billboards near interstate highways, or on radio or television stations with an interstate broadcasting range. 

"Likelihood of confusion"

"Likelihood of confusion" is the central focus of any trademark infringement claim. A likelihood of confusion exists when consumers viewing the allegedly infringing mark would probably assume that the product or service it represents is associated with the source of a different product or service identified with a similar mark. Courts conducting a likelihood of confusion analysis apply a different standard to directly competing, as opposed to non-competing, goods. See A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 237 F.3d 198 (3rd Cir. 2000). When the alleged infringer and the trademark owner deal in competing goods or services, the court rarely needs to look beyond the mark itself; infringement will usually be found if the two marks at issue are sufficiently similar that consumer confusion can be expected. If the goods in question are completely unrelated, confusion is unlikely and infringement will generally not be found. 

If the goods in question are related but do not directly compete for sales, the likelihood of confusion analysis becomes more complex. The Lapp test is a non-exhaustive list of factors to be considered in determining whether there is a likelihood of confusion between marks. Factors relevant to a determination of likelihood of confusion include: the strength of the trademark owner's mark; the degree of similarity between the trademark owner's mark and the allegedly infringing mark; evidence of actual consumer confusion; the marketing channels used; the type of goods involved and the degree of care likely to be exercised by the purchaser; the alleged infringer's intent in selecting the mark; and other facts showing that the consuming public is likely to expect the trademark owner to manufacture a product in the alleged infringer's market, or is likely to expand into that market. See Interpace Corp. v. Lapp, Inc., 721 F.2d 460 (3d Cir. 1983).

Defenses

Trademark law is equitable and utilizes the traditional equitable defenses with the added element of a presumption favoring the registrant for trademarks that are registered under the Lanham Act. In addition to the equitable doctrines of laches, estoppel, and unclean hands, an alleged infringer may assert the defenses of fair use and collateral use. Fair use allows commentary or criticism that incidentally involves the use of a trademark so long as such use is for a purpose other than that normally made of a trademark. When a party uses a trademarked item as a component of a more complex product, collateral use allows the party to identify that component by its trademarked name.

Remedies

The remedies for infringement under the Lanham Act are statutory and consist of: injunctive relief; an accounting for profits; damages, including the possibility of treble damages when appropriate; attorney's fees in "exceptional cases;" and costs. See 15 U.S.C. § 1117. These remedies are cumulative, meaning that a successful plaintiff may recover the defendant's profits in addition to any damages, or other remedies awarded.


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## RH (Sep 7, 2010)

There you go Pete. Now you too can be a trademark infringement expert (while also doing some painting on the side).


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## PACman (Oct 24, 2014)

RH said:


> There you go Pete. Now you too can be a trademark infringement expert (while also doing some painting on the side).


Or advertising that you do painting so you can sue people for the real money.


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## HC-Raad (Jan 26, 2017)

Pete the Painter said:


> Really. They guy went after PPG, it had a huge law firm behind it, tons of money to spend and it decided to give up the fight.


Pete, you just don’t get it. PPG is the perfect target for a lawsuit. No matter how much money PPG has, it was in their best interest to settle the matter with Pete. No matter how big of an organization PPG is, Pete from Ill has paid for exclusive rights to the name “Pete the Painter” by obtaining a federal trademark. He can legally stop “anyone” no matter how huge of a law firm they have behind them. There are laws in this country, Pete. And because PPG has a huge law firm, that’s more of a reason to settled the case out of court, in favor of Pete. PPG was surly advised by their Attorney’s, that they were infringing upon petes trademark and that it was best to give Pete what the law dictates. And PPG did what was in their best interest. There was nothing to fight on their end. 

You on the other hand, your name is Pete. A small guy with little money, living in a small town. You are harmless to Pete from Ill.



Pete the Painter said:


> My lawyer (you know the one that did not give me real advice) told me based on the documents I sent him that the guy is a most likely going to pursue, and even if I decide to settle out of court he could make it so I would have to pay thousands.


Your Lawyer made a prediction based on a Cease and Desist letter you received. Predictions are just that, predictions. Not facts!


Pete the Painter said:


> You seem to be a really bright guy, or at least believe you know more than most people, why don't you get some of the money that you smartly invested and send it my way, and I will gladly spend it fighting this guy. You must have at least as much as PPG had at its disposal.


Again, you are not being sued, so there is nothing to fight at this point. Even if he files a lawsuit against you, you don’t have to fight it. In other words, if you are sued, that is the time to throw in the towel. You don’t even have to hire an attorney. So it would cost you nothing.

If you have been served with a complaint, you have a number of options to choose from and a couple of decisions to make. 
You can: Negotiate a resolution with the plaintiff at any time during the case, you can talk to the plaintiff and try to resolve the dispute. 

Pete, in a trademark infringement case, the trademark holder only wants you to stop using his mark. He doesn’t want your money.


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## HC-Raad (Jan 26, 2017)

RH said:


> There you go Pete. Now you too can be a trademark infringement expert (while also doing some painting on the side).


Yes, and then he too will be able to predict the end of time. :vs_whistle:


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## jprefect (Mar 4, 2015)

Buddy, you need to find a thread about painting! This law business is bad for your anxiety. 

https://www.thelaw.com/forums/


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