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Forum Contributor 2011-2015
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Discussion Starter · #1 ·
Just received an email from Jeffrey Powell to stop using the name Guardala since he owns it. Am I in trouble? This legal stuff is where I'm not good at.
Sakshama
 

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It may be wise to not use the Guardala name as a headline on your website. You could find another name like you use "Sakshama Florida" for the Otto Link STM florida era copies you make. A name like "Sakshama Big Bro G" for example ;). In the description you can still mention that the original Guardala mouthpieces were the inspiration and so forth.
 

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I suggest renaming them Sakshama G's or something along the line of it and just mention that they are lost waxes of the original.
 

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Distinguished Member, Forum Contributor 2012-2015
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I suggest renaming them Sakshama G's or something along the line of it and just mention that they are lost waxes of the original.
Sakshama G is actually a very good sounding name.
 

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How about "Sakshama G Plus"?
 

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How about The 'Sakshama Dave'? Jeffrey doesn't own that name:)
 

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Sakshama G is a good name. This forum is my source of inspiration. Thank you Jlima.
You're welcome! I wish you well.

But it was actually JackLi that came up with the name first, I think (please see post #7).
 

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Did he mention how he "owns" it? It's clearly a trade name that he and his partner used, but was it a registered trademark? Even if it wasn't registered, they could still launch a successful trademark infringement suit, but they would likely have to prove that there was either intent to deceive the public on your part, or there was actual confusion in the marketplace as a result of you using the name. And, in order to collect any general damages, they would have to prove that they were, in fact, damaged by your use of the name Guardala.

Ultimately, if it is highly unlikely that anyone would confuse your two products, then you'd probably be okay using the name Guardala. But your product is very similar to theirs. In fact, you call your product a Guardala because of the similarity. So I think they would at least have a colorable claim against you if they decided to seek an injunction preventing you from using the name in the future.

Don't take legal advice from anyone (including me) on an internet forum. Talk to an attorney who is well-versed in intellectual property law in your jurisdiction. If I were in your shoes, I would ignore this guy until he provides more specific information about how he "owns" the name, and how he is being damaged by your use of the name (e.g., reputation, goodwill, monetary loss, etc.). But then, I'm a risk-taker by nature. I'm not recommending that you do the same. Of course, as a side note, I probably wouldn't use the name of another product in my own product name to begin with, but that's irrelevant to your current situation.
 

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I think I'd go with the "Guarhama" myself but seriously - your work is well known and highly regarded by virtually everyone. At this point you've reached "critical mass" in terms of being know for producing a very high quality product and there's no need for you to use the Guardala name. Change the names if you need to and in the description just say "similar to ........".
 

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I think I'd go with the "Guarhama" myself but seriously - your work is well known and highly regarded by virtually everyone. At this point you've reached "critical mass" in terms of being know for producing a very high quality product and there's no need for you to use the Guardala name. Change the names if you need to and in the description just say "similar to ........".
or "in the spirit of" ...
 
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