[E-trademarks] Dirt Candy TM Dispute

[Miriam Richter, Esq.]

Am I missing something? IMHO, everything about this case was done wrong from the get-go. I always tell clients in similar situations look at it as a business opportunity not a conflict. This is especially true in this situation since the ideology on both sides blends nicely. A co-existence agreement would have been the way to go, especially considering the local nature of both businesses and the geographic distance between them.



I see it as a situation of over-lawyering to the extreme.




Best,
Miriam

Miriam Richter, Attorney at Law, P.L.
Make Your Mark! ®
Trademark, Copyright, and other Intellectual Property Matters
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Wilton Manors, Florida 33305

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-----Original Message-----
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Terry Carroll via E-trademarks
Sent: Friday, February 14, 2025 12:05 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>; For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Terry Carroll <carroll at tjc.com>
Subject: Re: [E-trademarks] Dirt Candy TM Dispute



On Fri, 14 Feb 2025, Tim Ackermann via E-trademarks wrote:



> This caught "clear-cut case" quote my eye-   "The Cutlers went on the

> offensive. They asked the trademark office to register Dirt Candy Farm.

> Their lawyer told them they had a clear-cut case in part because the

> agency listed farms and restaurants in different categories.



Trademark search shows that this is the first trademark registration application made by that attorney. (He's since done four more,

successfully.)



Of course, there could be others from the firm more experienced behind the scene.



--

Terry Carroll

carroll at tjc.com<mailto:carroll at tjc.com>
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