Sax on the Web Forum banner

1 - 20 of 104 Posts

·
Forum Contributor 2011-2015
Joined
·
2,023 Posts
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
 

·
Registered
Joined
·
240 Posts
You could try to talk it over with him. Another thing to try would be to say "Guardala is a last name. You can't own a last name." I'm sure you can work something out.
 

·
Forum Contributor 2011-2015
Joined
·
2,023 Posts
Discussion Starter #4
Got the same idea. I hope it will end on not using the name on the mouthpiece which I never did.
 

·
Registered
Joined
·
70 Posts
It's a last name, don't be intimidated by him, ask him if he does this for all the other people who sell Guardala named products, or he's just trying to find an easy target.
 

·
Registered
Joined
·
591 Posts
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.
 

·
Distinguished SOTW Member
Joined
·
1,596 Posts
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.
 

·
Registered
Joined
·
8,975 Posts
I do not know the legal-ese either. But Brilhart sold his last name as far as for its use in mouthpiece marketing. So it can be done. He continued using his initials "ARB".
 

·
Distinguished Member, Forum Contributor 2012-2015
Joined
·
5,878 Posts
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.
 

·
Distinguished Member, Forum Contributor 2012-2015
Joined
·
5,878 Posts
How about "Sakshama G Plus"?
 

·
SOTW Administrator
Joined
·
26,207 Posts
How about The 'Sakshama Dave'? Jeffrey doesn't own that name:)
 

·
Distinguished SOTW Member
Joined
·
4,580 Posts
You could try to talk it over with him. Another thing to try would be to say "Guardala is a last name. You can't own a last name." I'm sure you can work something out.
Ford is a last name too, but you probably can't make a car that looks like a Mustang and call it a Ford Mustang.
 

·
Forum Contributor 2011-2015
Joined
·
2,023 Posts
Discussion Starter #16
Sakshama G is a good name. This forum is my source of inspiration. Thank you Jlima.
 

·
Distinguished Member, Forum Contributor 2012-2015
Joined
·
5,878 Posts
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).
 

·
Banned
Joined
·
3,000 Posts
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.
 

·
Registered
Joined
·
3,715 Posts
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 ........".
 

·
Distinguished Member, Forum Contributor 2012-2015
Joined
·
5,878 Posts
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" ...
 
1 - 20 of 104 Posts
Top