Comments for Known in the Marts http://knowninthemarts.com A Blog About Trademark Law &c. Mon, 24 Jan 2011 18:09:44 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on Mystery Solved by IP Geek http://knowninthemarts.com/2011/01/mystery-solved/comment-page-1/#comment-326 IP Geek Mon, 24 Jan 2011 18:09:44 +0000 http://markcraftlaw.com/?p=1484#comment-326 What did you mean when you wrote this? In the end, the MTA merely used the word “hon” and not any of the Cafe Hon images, but Whiting retained the licensing of the HON trademark as well as the right to approve or disapprove any MTA advertising that used “hon.” What did you mean when you wrote this?

In the end, the MTA merely used the word “hon” and not any of the Cafe Hon images, but Whiting retained the licensing of the HON trademark as well as the right to approve or disapprove any MTA advertising that used “hon.”

]]> Comment on Mystery Solved by FHR http://knowninthemarts.com/2011/01/mystery-solved/comment-page-1/#comment-325 FHR Mon, 24 Jan 2011 02:37:11 +0000 http://markcraftlaw.com/?p=1484#comment-325 It's doubtful that Whiting realizes that "the important lesson here is that a brand and the trademark rights that protect it are a means to an end." It appears that, to Whiting, "Hon" is an end in itself. It is the product she's selling. Without the word "hon" written in big letters on the product, the so-called "brand" meaningless. Whiting has been trying to get everyone in the world to think that if they see the word "hon" on an article of clothing, piece of paper, or in the name of a restaurant of gift shop, she's the "originator." This doesn't sit well with nearly all Baltimoreans. It's plain wrong, and she does not deserve the monopoly power that she seeks. As far as we Baltimoreans are concerned the "brand" is ruined. At this point, the only way we'd wear anything with the word "hon" on it would be to ridicule Whiting and her attempts to steal the word from our culture. Whiting has a long history of pulling such underhanded moves and manipulating everyone around her. Her insistence on keeping the "hon" trademarks will be her final undoing. It’s doubtful that Whiting realizes that “the important lesson here is that a brand and the trademark rights that protect it are a means to an end.” It appears that, to Whiting, “Hon” is an end in itself. It is the product she’s selling. Without the word “hon” written in big letters on the product, the so-called “brand” meaningless.

Whiting has been trying to get everyone in the world to think that if they see the word “hon” on an article of clothing, piece of paper, or in the name of a restaurant of gift shop, she’s the “originator.” This doesn’t sit well with nearly all Baltimoreans. It’s plain wrong, and she does not deserve the monopoly power that she seeks.

As far as we Baltimoreans are concerned the “brand” is ruined. At this point, the only way we’d wear anything with the word “hon” on it would be to ridicule Whiting and her attempts to steal the word from our culture.

Whiting has a long history of pulling such underhanded moves and manipulating everyone around her. Her insistence on keeping the “hon” trademarks will be her final undoing.

]]> Comment on Mystery Solved by IP Geek http://knowninthemarts.com/2011/01/mystery-solved/comment-page-1/#comment-324 IP Geek Sun, 23 Jan 2011 23:29:26 +0000 http://markcraftlaw.com/?p=1484#comment-324 Below is the paragraph written by "DeniseWhiting atCafeHon" on her facebook account in a note: In the 19 years since Ms. Whiting opened Café Hon and began marketing certain products with the word “Hon,” her legal counsel has written letters to two businesses believed to be selling merchandise that could be confused with Café Hon merchandise. The first, in 2004, was a souvenir manufacturer and distributor that had provided merchandise to a major BWI Airport vendor and several local stores that was identical to Café Hon’s merchandise with a nearly identical logo. The second, in 2005,was a store in Towson, Maryland, called “Thanks, Hon.” Such serving of notice is a standard and requisite means of maintaining a business’s trademark rights. Café Hon has not served notice on any other organizations, websites or businesses that have used the word. The souvenir manufacturer readily agreed to turn over its look-alike merchandise; it now produces souvenirs for HONtown. The Towson gift shop did not respond to the letter from Café Hon and went out business for reasons unrelated to Ms. Whiting. An article about the Thanks, Hon letter is here: http://northbaltimore.patch.com/articles/letter-demanded-shop-stop-using-hon If you read it differently, please let me know. Below is the paragraph written by “DeniseWhiting atCafeHon” on her facebook account in a note:

In the 19 years since Ms. Whiting opened Café Hon and began marketing certain products with the word “Hon,” her legal counsel has written letters to two businesses believed to be selling merchandise that could be confused with Café Hon merchandise. The first, in 2004, was a souvenir manufacturer and distributor that had provided merchandise to a major BWI Airport vendor and several local stores that was identical to Café Hon’s merchandise with a nearly identical logo. The second, in 2005,was a store in Towson, Maryland, called “Thanks, Hon.” Such serving of notice is a standard and requisite means of maintaining a business’s trademark rights. Café Hon has not served notice on any other organizations, websites or businesses that have used the word. The souvenir manufacturer readily agreed to turn over its look-alike merchandise; it now produces souvenirs for HONtown. The Towson gift shop did not respond to the letter from Café Hon and went out business for reasons unrelated to Ms. Whiting.

An article about the Thanks, Hon letter is here:
http://northbaltimore.patch.com/articles/letter-demanded-shop-stop-using-hon

If you read it differently, please let me know.

]]> Comment on Mystery Solved by IP Geek http://knowninthemarts.com/2011/01/mystery-solved/comment-page-1/#comment-323 IP Geek Sun, 23 Jan 2011 23:09:35 +0000 http://markcraftlaw.com/?p=1484#comment-323 The Thanks, Hon shop (which received one of her cease-and-desist letters) didnt even sell any merchandise or offer any services that she claims she had a trademark that covered. Plain and simple, she tried to strongarm a local business by appearing to have enforceable which she did not. Nothing more. Her new attorney's representations in this most recent apology that she went after only the establishments that sold similar merchandise or services is not based in fact as far as the Thanks, Hon store is concerned. That's why the latest public statement says oodles about the BWI vendor and nearly nothing about the Thanks, Hon store. Her own representations on facebook that the Thanks, Hon store never responded are in direct conflict with the Thanks, Hon store owners' account in a recent online article. Denise Whiting overreached. She didnt think anyone would notice or care. Her new attorney admitted she overreached. I hope he charges her $400 a hour. She is going to lose in court. The word HON as she intended to trademark and enforce it is a generic or a descriptive without a secondary meaning. I look forward to following the court case and the appeal. The Thanks, Hon shop (which received one of her cease-and-desist letters) didnt even sell any merchandise or offer any services that she claims she had a trademark that covered. Plain and simple, she tried to strongarm a local business by appearing to have enforceable which she did not. Nothing more. Her new attorney’s representations in this most recent apology that she went after only the establishments that sold similar merchandise or services is not based in fact as far as the Thanks, Hon store is concerned. That’s why the latest public statement says oodles about the BWI vendor and nearly nothing about the Thanks, Hon store. Her own representations on facebook that the Thanks, Hon store never responded are in direct conflict with the Thanks, Hon store owners’ account in a recent online article. Denise Whiting overreached. She didnt think anyone would notice or care. Her new attorney admitted she overreached. I hope he charges her $400 a hour. She is going to lose in court. The word HON as she intended to trademark and enforce it is a generic or a descriptive without a secondary meaning. I look forward to following the court case and the appeal.

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