[E-trademarks] Dirt Candy TM Dispute

Fri Feb 14 20:34:02 UTC 2025

Agreed.  I've told many a client that, while I'd be happy to get involved
in things, it can really change the dynamic when suddenly the lawyers get
brought in.  Coaching from the shadows is often the way to go.

Cheers,

Sam Castree, III

*Sam Castree Law, LLC*
*3421 W. Elm St.*
*McHenry, IL 60050*
*(815) 344-6300*

On Fri, Feb 14, 2025 at 2:29 PM Cumbow, Bob via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> So glad to see that so many of my colleagues agree with what I've learned
> during my time as an attorney: We always get a better results if we see
> ourselves as collaborators rather than combatants.
>
> Bob
>
>  Cumbow
>
> Partner
>
> Miller Nash LLP
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> -----Original Message-----
> From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of
> Eric Morton via E-trademarks
> Sent: Friday, February 14, 2025 11:48 AM
> To: For trademark practitioners. This is not for laypersons to seek legal
> advice. <e-trademarks at oppedahl-lists.com>
> Cc: Eric Morton <emorton at clearskylaw.com>
> Subject: Re: [E-trademarks] Dirt Candy TM Dispute
>
> [EXTERNAL MESSAGE: This email originated from outside of the firm. Do not
> click links or open attachments unless you recognize the sender and know
> the content is safe.]
>
> I heartily concur. I tell my clients to talk to me before they negotiate
> and after they negotiate, but leave the lawyers out of the negotiations.
>
> --
> Eric D. Morton
> Attorney
> Clear Sky Law Group, P.C.
> 1300 Clay St., Ste. 600, Oakland, CA 94612
> P: (510) 556-0367 / (760) 722-6582
> F: (510) 751-4598
> emorton at clearskylaw.com
> http://www.clearskylaw.com
>
>
> -----Original Message-----
> From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of
> Carl Oppedahl via E-trademarks
> Sent: Friday, February 14, 2025 11:29 AM
> To: For trademark practitioners. This is not for laypersons to seek legal
> advice. <e-trademarks at oppedahl-lists.com>
> Cc: Carl Oppedahl <carl at oppedahl.com>
> Subject: Re: [E-trademarks] Dirt Candy TM Dispute
>
>  Over the span of many years, I have seen many situations where the step
> of getting lawyers into the situation made things far worse instead of
> better.  Many times my suspicion is that most of the blame would lie with
> one of the lawyers and not the other. That the blameworthy lawyer would
> either consciously or subconsciously select the behavior path that would
> make the most money for the lawyer, regardless of whether this would align
> with the interests of that lawyer's client.
>
> There are many times where I ended up coaching my client about stuff, and
> then I suggested my client speak person-to-person with the nonlawyer human
> being on the other side.  And the clients would come back with a deal
> sketched onto a cocktail napkin.  The lawyers were then told "make it so".
>
> And even then I can think of many times where once again the introduction
> of the lawyers into the situation, post-cocktail-napkin, ruined
> everything.  And again I would have the suspicion that most of the blame
> would lie with one of the lawyers.
>
> Early in my law career some very seasoned lawyer tried to explain to me
> what the phrase "attorney and counselor-at-law" might mean in a better
> world.   That the service provider ought to be a counselor as well as (or
> sometimes instead of) being an aggressor.
>
> On 2/14/2025 11:50 AM, Pamela Chestek via E-trademarks wrote:
> >
> > On 2/14/2025 10:23 AM, Miriam Richter, Esq. via E-trademarks wrote:
> >> one month to rebrand is unrealistic in the best situation and use of
> >> the term “unlawful violation” in a “supportive” C&D is not conducive
> >> to warm and fuzzy feelings
> > Hear, hear. The client asked for a "nice" cease and desist letter and
> > this sounds anything but nice to me.
> >
> > Pam
> >
> > Pamela S. Chestek
> > Chestek Legal
> > PLEASE NOTE OUR NEW MAILING ADDRESS
> > 4641 Post St.
> > Unit 4316
> > El Dorado Hills, CA 95762
> > +1 919-800-8033
> > pamela at chesteklegal.com
> > http://www.chesteklegal.com
> >
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