The Hock Shop hit with lawsuit?

[tdepp]

The DOD does protect it's logo's and trademarks.  I found this on the following website:  http://www.defense.gov/trademarks/index.html

Use of DoD Seals and Trademarks 

Department of Defense and Military Seals are protected by law from unauthorized use. These seals may NOT be used for non-official purposes.

However, the Military Services typically approve the use of their Service emblem or coat of arms on a case-by-case basis as a substitute. There is no such substitute for the Department of Defense Seal.

------------------

The website then gives all the contact info for each service.

I was on the receiving end of a trademark infringement once.  It gets real expensive, real fast.  What I learned was a valuable lesson - If you don't pay, you don't play.

Thanks for finding this.  Very helpful to this IP lawyer.  Federal trademark law does make a sort of "fair use" exemption for the use of trademarks in news reporting, criticism, etc.  Trademarks indicate the source and quality of goods.  See the golden arches? We think McDonald's autmatically.  Trademarks are similar to religious symbols in their power to easily convey meaning.

[Pumbaa]

Did I read right that Tom's membership was pulled?

[Gunner C]

The Civil Air Patrol, as a corporation, can own and protect its intellectual property.  And the trademarks don't have to be registered to be protectable under federal or most state trademark law.  Use in commerce provides common law rights.  If not federally registered, however, the marks can't use the R-in-a-circle but can use TM or SM for trademark or service mark.

Trademark owners have a duty to "police" their marks so they do not fall into the public domain.  They also have the right to license (or not license) their marks to others.  This is no different than the University of Kansas licensing "Kansas" for sweatshirts, jerseys, etc.  It is a term in common use but it also denotes quality, source, etc., the hallmarks of a trademark.

In fact, the CAP is the registered trademark owner on at least two marks, but probably on the ones we're all thinking:  From the US Patent and Trademark Office (here's the link, but I'm not sure it will work http://tess2.uspto.gov/bin/showfield?f=toc&state=4009%3Aitb82q.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl~%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=civil+air+patrol&p_tagrepl~%3A=PARA2%24OW&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query):

   
   Serial Number    Reg. Number    Word Mark    Check Status    Live/Dead
1    78300723    2987217    CAPMART    TARR    LIVE
2    76069569    2544252    WHERE IMAGINATION TAKES FLIGHT    TARR    LIVE

Federal agencies such as the USAF can also own trademarks.  The USAF has registered quite a number.  Again, I'm not sure this link will work: http://tess2.uspto.gov/bin/showfield?f=toc&state=4009%3Aitb82q.4.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl~%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=united+states+air+force&p_tagrepl~%3A=PARA2%24OW&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query

FYI: My Master of Laws (the degree after a Juris Doctorate) is in intellectual property from the University of Houston Law Center and I practice in this area of law.  I hope this helps clarify the discussion a bit.

But as you stated above, the owner of the mark must protect it or it will go into public domain.  If an owner of a trademark doesn't police it for several decades and allows someone to use the mark even after a licence has been granted, then the mark may have fallen into the public domain.

[Always Ready]

Did I read right that Tom's membership was pulled?

He still shows up under the OPS Quals - Report search. My guess is his membership is still active.



With a quick Google search, I found this:
The Civil Air Patrol v. Flanagan

The Civil Air Patrol v. Flanagan

Plaintiff:   The Civil Air Patrol
Defendant:   Tom Flanagan

Case Number:   2:2009cv00763
Filed:   August 11, 2009

Court:   Alabama Middle District Court
Office:   Montgomery Office [ Court Info ]
County:   Montgomery
Presiding Judge:   Honorable Wallace Capel Jr.
Presiding Judge:   Honorable Myron H. Thompson
Referring Judge:   Honorable Wallace Capel Jr.

Nature of Suit:   Intellectual Property - Trademark
Cause:   15:1125 Trademark Infringement (Lanham Act)
Jurisdiction:   Federal Question
Jury Demanded By:   Plaintiff

[tdepp]

But as you stated above, the owner of the mark must protect it or it will go into public domain.  If an owner of a trademark doesn't police it for several decades and allows someone to use the mark even after a licence has been granted, then the mark may have fallen into the public domain.

Absolutely correct.  It's called "laches."  In other words, you waited too long to assert your rights and others have acted based on your non-enforcement. It's similar to a statute of limitations but it is not set on a precise date but the totality of the circumstances.   I'm not saying laches never works and is a typical defense in trademark infringement cases but I've seldom seen it asserted successfully.  I don't know what actions CAP has taken in the past to protect its marks, which will be an important factor in the case.

The one thing I'm learned in trademark cases is that they are very fact specific and one can't draw conclusions without knowing all the circumstances.

[Майор Хаткевич]

All the C & D letters over the year probably more than qualify for enforcement.

[Spike]

So does Tom have to go to Alabama?  Are Trademark cases Federal Cases?

[tdepp]

So does Tom have to go to Alabama?  Are Trademark cases Federal Cases?

Trademark infringement cases can typically be brought in either federal or state court.  There are legal and strategic reasons for choosing one over the other.  Federal trademark law (the Lanham Act) is typically the better option because of allowance for damages and attorneys fees to the prevailing party.  Since the federal lawsuit is venued in Alabama, yes, Tom would have to go to Alabama for court.  From a practical point of view, he'll probably be deposed, if goes that far, where he lives. 

[tdepp]

All the C & D letters over the year probably more than qualify for enforcement.

If that is the case, I would agree.  It would be one of the chief ways of showing that CAP has gone after infringers through the years.

[Gunner C]

All the C & D letters over the year probably more than qualify for enforcement.

If that is the case, I would agree.  It would be one of the chief ways of showing that CAP has gone after infringers through the years.

I think that Tom could easily show that over the years CAP had allowed a constellation of companies to sell CAP insignia, badges, ribbons, etc.  AAMOF, CAP used to advertise them in the CAP Times and later CAP News.  If Tom had been selling these products for decades with the full knowledge of CAP, without CAP acting to enforce its rights, then Tom may have a compelling argument to say "I've sold these for decades with the implied consent of the corporation.  Then they started sending me letter last year saying that the status quo was never allowed and we would have sent you this years ago if we thought it would have been important now."

I think CAP, Inc may have missed its opportunity back in the 70s or 80s. Should be interesting to watch.

[JC004]

Perhaps it is part of the conspiracy to make everything cost more for the members.   

They are doing an outstanding job of this and I wouldn't want to stand in their way.

[alamrcn]

As was said in the "Fake CAP insignia on eBay" thread...

Tom should just move to Canada so they can't touch him. It's not a far trip from Michigan, and the weather might even be better!

I'm not saying the Hock Shop is right in what they do, but National COULD choose to look the other way if there is no threat of retaliation by Staticguard. Maybe the organization does'nt make as much money, but the members would seem to be happier - ie. rentention.

[vmstan]

Simply moving to Canada doesn't exempt him from his liabilities.

[alamrcn]

Exempt? No.
But it's much more difficult to prosecute someone internationally.

[Eclipse]

Simply moving to Canada doesn't exempt him from his liabilities.

Yes - Don't we have reciprocal enforcement agreements on copyrights, etc.?

[Майор Хаткевич]

Simply moving to Canada doesn't exempt him from his liabilities.

Yes - Don't we have reciprocal enforcement agreements on copyrights, etc.?

Or how about the increase in shipping fees?

Here is what it's like from US to Canada:

Want something small here? $4.90
Canada? $~12

A "big"(er) box here: $10.40
Canada? $25

A "Large" box? here: ~14
Canada? ~$40

I imagine the reciprocal is the same.

[alamrcn]

I live in Minnesota... I can see Canada from my house!

j/k

Ok, I'll give on the idea. Now I'll have to think of Tom as on the lamb, runnin' from the man and dealing CAP paraphernalia out of the trunk of his car!

No fun for Tom though, poor guy... Thank you for your MANY years of service to our members!

[ZigZag911]

Does he even have to move physically? Couldn't he just incorporate in the Cayman Islands or some such place?!?

[Spike]

Does he even have to move physically? Couldn't he just incorporate in the Cayman Islands or some such place?!?

You do not want to incorporate in any country that is either a "commonwealth country" (UK Control) or one that has any treaty ties with the United States that dictate the adherence to following international law regarding money and trade.   

[Cecil DP]

As was said in the "Fake CAP insignia on eBay" thread...

Tom should just move to Canada so they can't touch him. It's not a far trip from Michigan, and the weather might even be better!

I'm not saying the Hock Shop is right in what they do, but National COULD choose to look the other way if there is no threat of retaliation by Staticguard. Maybe the organization does'nt make as much money, but the members would seem to be happier - ie. rentention.

The Hock SHop is located in Massachusetts, Not Michigan. The nearest point in the Great Frozen North is Quebec, and I don't think Tom speaks French.