[E-trademarks] Dirt Candy TM Dispute

Fri Feb 14 22:41:42 UTC 2025

Jeremy, totally agree.  Trying to make themselves out as the victims here, as opposed to a hard working chef trying to survive in the most cutthroat restaurant market there is.  Which they should appreciate.
If they could afford to hire a branding consultant for their little farm, they are not the innocent hippie types they are trying to portray themselves as.

Susan L. Crane
Group Vice President, Legal
Intellectual Property, Brands & Marketing

Wyndham Hotels & Resorts, Inc.
22 Sylvan Way
Parsippany, NJ 07054
O (973) 753-6455
M (973) 879-3420
Susan.Crane at wyndham.com<mailto:Susan.Crane at wyndham.com>

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Jeremy Green Eche via E-trademarks
Sent: Friday, February 14, 2025 5:15 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Jeremy Green Eche <jeremy at jpglegal.com>
Subject: Re: [E-trademarks] Dirt Candy TM Dispute

My God, the rich Texas family seems insufferable to me. "We won the lottery by buying property in Silicon Valley in the 1980s and selling it at an exorbitant price during a housing shortage caused by strict zoning laws, and now we want
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My God, the rich Texas family seems insufferable to me. "We won the lottery by buying property in Silicon Valley in the 1980s and selling it at an exorbitant price during a housing shortage caused by strict zoning laws, and now we want to be able to steal somebody else's property and pretend we're too spiritual to worry about laws and money because we've already gotten enough money to make sure our kids never have to get a job."

Regarding the conduct of the lawyers, I think that when somebody steals your brand name, you should send your lawyers after them. The restaurant owner has no obligation to spend time and energy working out a co-existence agreement with somebody she has no connection to just because they decided they want to infringe on her name. She should use her time and energy to run her business and live her life.

On the other hand, if my client is the one whose application is rejected because somebody owns a similar trademark, then I do advise my client to reach out without getting me involved at first. But also, when my clients use somebody else's brand name in the same broader industry, I make sure to tell them with no sugarcoating, "You chose a name that was already taken. The best course of action is to pick a new name."

—

Jeremy

Jeremy Peter Green Eche
Founder and Managing Attorney, JPG Legal

Office: (917) 268-7054 | Direct: (917) 310-2207

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On Fri, Feb 14, 2025 at 3:36 PM Sam Castree via E-trademarks <e-trademarks at oppedahl-lists.com<mailto:e-trademarks at oppedahl-lists.com>> wrote:
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<mailto: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

605 5th Ave S, Ste 900 | Seattle, WA 98104

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-----Original Message-----
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto: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<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Eric Morton <emorton at clearskylaw.com<mailto:emorton at clearskylaw.com>>
Subject: Re: [E-trademarks] Dirt Candy TM Dispute

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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
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-----Original Message-----
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com<mailto: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<mailto:e-trademarks at oppedahl-lists.com>>
Cc: Carl Oppedahl <carl at oppedahl.com<mailto: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
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