Hatters beware! American hatter threatens to sue over matches behind the ribbon!

[Bob Roberts]

I understand the situation ... my post was clearly oozing with hyperbole by making claims as ridiculous as his case

if he wants to take it that far maybe he needs to find a more original trademark ...or at the very least one that has not been used by countless people for decades

Yeh. Like the first hat maker to ever incorporate a feather into a hat...

 

[moehawk]

Reminds me of when Subway tried to trademark "footlong"...
But on the subject of matches...hope NF isn't using strike-anywheres...it'd be a shame if those matches somehow got bumped around in transit while shipping a hat and happened to ignite in the cargo hold of a plane...unlikely but just sayin...

 

[Lean'n'mean]

Just think, if Holmskov had stuck rollmop sticks in his hats instead of matches , we would all be as bored as usual.

 

[Bob Roberts]

As I understand it, if a hatter or hatters desire they can appeal or sue for revocation of a "trademark" and subsequent invalidation.

 

[moehawk]

Just looked it up...safety matches can be sent domestically by ground only, not internationally, and are subject to weight restrictions, must be packaged just so and marked clearly as surface-only and "Consumer Commodity ORM-D". Strike-anywheres cannot be mailed, domestic or internationally.
Wonder if all regulations are being followed?

 

[blueAZNmonkey]

Apparently he can if he's threatening to sue. Indeed, it would be more difficult for the Danish hatter to prove that he wasn't copying Fouquet, though the loss of business claim does sound surprising considering the different customer base but I suppose other brands such as Rolex could claim the same in regards to the counterfeits on the maket.

Threatening to sue proves only two things -- 1) Fouquet has enough money to sue, 2) he's willing to sue. The threat of a lawsuit does nothing to prove the actual case, which would have to be litigated. In this case, I think he's just trying to push people around because he has the money to do so. Unfortunately, this is a common tactic used by American businesses.

I actually think it would be harder for Fouquet to explain how him copying a standard practice since the depression era is somehow an art original to him.

As for fake Rolexes, the difference there is that fake Rolexes use the Rolex logo. So in this case, you'd have to equate a matchstick, not even manufactured by Fouquet, as being his artistic identity.

 

[Redfokker]

Threatening to sue proves only two things -- 1) Fouquet has enough money to sue, 2) he's willing to sue. The threat of a lawsuit does nothing to prove the actual case, which would have to be litigated. In this case, I think he's just trying to push people around because he has the money to do so. Unfortunately, this is a common tactic used by American businesses.

I actually think it would be harder for Fouquet to explain how him copying a standard practice since the depression era is somehow an art original to him.

As for fake Rolexes, the difference there is that fake Rolexes use the Rolex logo. So in this case, you'd have to equate a matchstick, not even manufactured by Fouquet, as being his artistic identity.

+1

 

[Lefty W.]

Here is the official certificate of registration for the mark, No. 4,904,154.

 

[Lefty W.]

If you go to this search page http://tsdr.uspto.gov/ on the United States Patent and Trademark website, you can enter the registration number 4904154. Look for the documents in that file.

In the initial office action from the trademark examiner dated 8/18/2015, the examiner initially proposed to refuse the registration, because the mark is "non-distinctive trade dress," and the "mark is ornamental." Fouquet's lawyer replied with statements from others who identified the matchstick with Fouquet, and therefore the matchstick had acquired "secondary meaning."

Hence, the registration was subsequently granted.

 

[AbbaDatDeHat]

One less hat brand to consider!

 

[blueAZNmonkey]

SMH. "Others"...?

So specific, right?

 

[Lefty W.]

SMH. "Others"...?

So specific, right?

Okay, so the lawyer added statements from "media and fashion reviewers" Hale Mercantile Co., Details Style Syndicate/Details Magazine, New York Times/T Magazine, BasilHaydens.com, and BuffaloDandy.com. The statements generally referred to the matchstick as Fouquet's signature detail.

Fouquet's application stated that his first use of the matchstick was January, 2011.

Pretty weak support, if you ask me. I don't think the trademark examiner was doing a very good job.

 

[moontheloon]

One less hat brand to consider!

best post in this thread

 

[Bob Roberts]

"Others"..

If you go to this search page http://tsdr.uspto.gov/ on the United States Patent and Trademark website, you can enter the registration number 4904154. Look for the documents in that file.

In the initial office action from the trademark examiner dated 8/18/2015, the examiner initially proposed to refuse the registration, because the mark is "non-distinctive trade dress," and the "mark is ornamental." Fouquet's lawyer replied with statements from others who identified the matchstick with Fouquet, and therefore the matchstick had acquired "secondary meaning."

Hence, the registration was subsequently granted.

Here is the official certificate of registration for the mark, No. 4,904,154.
View attachment 94762

SMH. "Others"...?

 

[AbbaDatDeHat]

Just so yall know... I have ® Mojo Bone for The Lucky Fedora !

Yes! Yes! Exactly! Is that a Fouquet Rib? Er..”fowl” rib?

 

[BobHufford]

Yes! Yes! Exactly! Is that a Fouquet Rib? Er..”fowl” rib?

It ain't no rib...

You can get one for your hat. https://www.boneroom.com/store/p3/Raccoon_Baculum.html

 

[Bob Roberts]

It ain't no rib...

You can get one for your hat. https://www.boneroom.com/store/p3/Raccoon_Baculum.html

Lol. I was afraid to use the "common" word...

 

[Bamaboots]

It ain't no rib...

Growing up with coon hunting neighbobors, they called them toothpicks. Though thankfully, I don't recall anyone picking their teeth with them.

 

[moehawk]

I'm not a lawyer, nor do I play one on TV. But if I were the Danish hatter, I would hire one to look into whether or not it is legal for Mr. F to ship his hats, containing his incendiary "signature", overseas. The USPS prohibits mailing matches of any sort internationally, but I'm not sure if other carriers have the same restrictions. If the answer is no, I'd pay said lawyer to file paperwork to try to prevent Mr. F. from selling hats with the match included in the European market, if not everywhere outside of the U.S. of A.
If that was successful, I would then have the lawyer challenge Mr. F.'s international trademark on the matchstick behind the ribbon on the grounds that selling a similar product with a similar signature in Europe wouldn't be competing with Mr. F.'s ptoduct as he was not allowed to sell in that market.
I have no idea if any of that would fly in a court of law, but if a matchstick can acquire a new "meaning" by simply having a couple of people state it is not just a matchstick anymore then it's worth a shot...

 

[LuvMyMan]

Just so yall know... I have ® Mojo Bone for The Lucky Fedora !

Was that from a Turkey? LOL!!!!