Anybody a lawyer...I need some advice.

02/06/2008 09:20:56 AM · #51

This is my $0.02.

If the email was nasty, as you say, don't give in to the temptation to reply in-kind.

If you send any reply at all, simply state that you are having your attorney review his claim. You can go see a lawyer now and assess your situation, or wait to see what he does and go see a lawyer at that point. If you are really concerned, go see a lawyer now, see how valid a claim he might have and what, if anything, you can do to protect your business name against future claims. I'd go see one now so that you know where you stand, both now and in the future.

02/06/2008 09:21:30 AM · #52

Originally posted by Gordon:

Originally posted by Spazmo99:

Originally posted by fotomann_forever:

Originally posted by Gordon:

Originally posted by fotomann_forever:
And you don't question a photographer giving out wedding photography advise as if he were a spokesman for Canon L glass? :-P

Well, anyone can be a photographer. It isn't like you need a qualification...

True dat :-D

Well, generally, you need a camera...

I've got one on my phone...

You're all set.

Start booking weddings.

Gordon

RIM BlackBerry Curve

Canon EF 85mm f/1.8 USM

02/06/2008 09:33:12 AM · #53

Originally posted by Spazmo99:

Originally posted by Gordon:

I've got one on my phone...

You're all set.

Start booking weddings.

All you need is this book. It'll tell you how to shoot like a pro with a camera phone. It must be true, look at the source.

Prof_Fate

02/06/2008 09:59:22 AM · #54

Originally posted by fotomann_forever:

And you don't question a photographer giving out wedding photography advise as if he were a spokesman for Canon L glass? :-P

Teaching and education is not legal advice. You can ask a lawyer about the best schools or differing types of law practice and what one needs to practice law and most likely a degree from Harvard will get you a better job, faster, than one from Iowa State.

You can probably practice law at Starbucks and use a 10c folder as a briefcase, but you won't get high end clients that way. Same for lenses - you can shoot a wedding with a rebel and kit lens, but you won't get high end clients.

02/06/2008 10:03:05 AM · #55

Originally posted by Prof_Fate:

Originally posted by fotomann_forever:

And you don't question a photographer giving out wedding photography advise as if he were a spokesman for Canon L glass? :-P

Teaching and education is not legal advice. You can ask a lawyer about the best schools or differing types of law practice and what one needs to practice law and most likely a degree from Harvard will get you a better job, faster, than one from Iowa State.

You can probably practice law at Starbucks and use a 10c folder as a briefcase, but you won't get high end clients that way. Same for lenses - you can shoot a wedding with a rebel and kit lens, but you won't get high end clients.

Ahh, an expert on legal advice and education as well as a photographer.

etbliss

02/06/2008 12:48:03 PM · #56

I would suggest a really simple search of the WA state business license records, and associated "Trade Names". The search is free.

As far as being nasty? Why don't you post the email for all to read and let the forum decide how nasty it was. It was a request in language we can all understand.

I have been working in this market for over 10 years, while also maintaining studios in Los Angeles, San Diego and Tucson. I have lived in the Pacific Northwest for 17 years. And in 2001 moved most our our business operations to Washington State permanently.

This is about confusion in name recognition. Obviously you are aware of that by now. I would really suggest you not take any advice you get from a forum except to consult a qualified Board Certified Attorney if that is the direction you choose to take.

Personally, I would have picked up the phone and called the person making the request had this happened to me.

Thomas Bliss
Thomas Bliss Photography.

Message edited by author 2008-02-06 12:49:09.

02/06/2008 12:51:19 PM · #57

Hmmmmm... interesting turn of events.

MikeO

Fujifilm x100

02/06/2008 01:26:16 PM · #58

Originally posted by DowseDesigns:

Hmmmmm... interesting turn of events.

Agreed !

02/06/2008 01:36:29 PM · #59

Originally posted by etbliss:

This is about confusion in name recognition. Obviously you are aware of that by now. I would really suggest you not take any advice you get from a forum except to consult a qualified Board Certified Attorney if that is the direction you choose to take.

Personally, I would have picked up the phone and called the person making the request had this happened to me.

Thomas Bliss
Thomas Bliss Photography.

I'm not confused by the two different names.

I haven't seen the email, but based on what the OP said, your email contained the threat of legal action. Not exactly a move to garner a friendly, personal call for a discussion of the issue. You might want to keep that in mind.

02/06/2008 01:39:45 PM · #60

Nikon AF Nikkor 50mm f/1.8D

02/06/2008 01:45:08 PM · #61

Just out of curiosity since both parties have decided to participate in this debate in a public forum, would it be possible to mediate an amicable agreement at this point or has it progressed beyond any sort of reconciliation?

ETA: Can't we all just get along?

Message edited by author 2008-02-06 13:45:49.

frisca

Nikon D70

02/06/2008 01:46:41 PM · #62

I would not recommend any sort of a negotiated settlement via DPC forums! In fact, I'm debating whether this thread needs to now be locked or not.

02/06/2008 01:47:37 PM · #63

Originally posted by etbliss:

I have to ask, how long ago did you register that name? Weeks? days? Right after you found out about the OP's business?

Link

FWIW, if you search the same site, there are hundreds of businesses using the name "Bliss" are they confusing your potential clients as well?

Message edited by author 2008-02-06 13:50:55.

Sony 24-70mm F4 Vario-Tessar T* FE OSS

02/06/2008 01:48:04 PM · #64

Originally posted by frisca:

I would not recommend any sort of a negotiated settlement via DPC forums! In fact, I'm debating whether this thread needs to now be locked or not.

Sorry, I didn't mean endorsed or supported by DPC, I was just testing the waters to see if the two involved parties would be open to peaceful negotiations even if it is through private correspondence with each other.

ETA: It's a shame to see too people who are both passionate about what they do get nasty over something like a very common name.

Message edited by author 2008-02-06 13:49:29.

Bear_Music

Samsung Galaxy S24 Ultra

02/06/2008 01:49:16 PM · #65

Originally posted by DowseDesigns:

As far as we know, they haven't even "discussed" it yet amongst themselves. We're doing all the discussion here, LOL. It doesn't *sound* as if Tom Bliss is looking for a middle ground, however. The implication in his post is that he's got a lawyer and is ready to bring him into play, that is lawyer has advised him he is on solid ground here (as I say, that's the implication): so by extension, based on what he's said, he's telling "Just Bliss Photography" to be ready to bring a lawyer to the table...

R.

Sony 24-70mm F4 Vario-Tessar T* FE OSS

02/06/2008 01:50:26 PM · #66

Originally posted by Bear_Music:

As far as we know, they haven't even "discussed" it yet amongst themselves. We're doing all the discussion here, LOL.

That's kinda the point I was trying to make.

ETA: This could just be a huge misunderstanding... As Dr. Phil said... No matter how flat you make a pancake... there are still two sides.

Message edited by author 2008-02-06 13:52:20.

Bear_Music

Samsung Galaxy S24 Ultra

02/06/2008 01:52:40 PM · #67

Originally posted by Spazmo99:

I have to ask, how long ago did you register that name? Weeks? days? Right after you found out about the OP's business?

Link

Oh, fascinating! He's actually REGISTERED the name "Just Bliss"...

R.

LoudDog

Canon EOS-350D Rebel XT

Canon EF 17-40mm f/4.0L USM

02/06/2008 01:53:41 PM · #68

I'm guessing any lawyer that is worth hiring would instruct their client to not engage in legal debate on an internet forum.

DrAchoo

Panasonic Lumix DMC-LX5

Canon EF 24-105mm f/4.0L IS

02/06/2008 01:56:55 PM · #69

Originally posted by Bear_Music:

Originally posted by Spazmo99:
I have to ask, how long ago did you register that name? Weeks? days? Right after you found out about the OP's business?

Link

Oh, fascinating! He's actually REGISTERED the name "Just Bliss"...

R.

Oi vey! Wonder if that was new or old...

MikeO

Fujifilm x100

02/06/2008 01:58:25 PM · #70

.

Message edited by author 2008-02-06 13:59:48.

MikeO

Fujifilm x100

02/06/2008 01:59:35 PM · #71

Originally posted by frisca:

I would not recommend any sort of a negotiated settlement via DPC forums! In fact, I'm debating whether this thread needs to now be locked or not.

Think that might be a good move.

NikonJeb

Nikon D850

Nikon AF-S Nikkor 28-300mm f3.5-5.6G ED VR

02/06/2008 02:06:00 PM · #72

Originally posted by Prof_Fate:

Free advice from across the US and the world means not a damned thing to you - none of us are lawyers, know the law in your state, or have a clue about what this fellow's registered or not, etc.

Originally posted by Matthew:

I don't agree completely - local state law is important for the fine detail and obtaining detailed advice or representation, but any lawyer worth his salt should be able to give a basic analysis of this fact pattern and give some general advice (like I did a bit earlier - I am a lawyer).

And being a lawyer someplace other than Washington state isn't exactly relevant for anything other than a concerned opinion, either.

I don't really believe you're being offered anything other than the benefit of previous experience by others here.....none of us are professing to have anything other than some guidance.

Point is, you need to carefully read what's been written and realize that though you're getting different opinions, you need to look into three things....

1. Your local and state laws

2. A lawyer for your needs

3. Particular trademark and copyright info as it pertains to your needs.

Someone pointed out that all these non-legal opinions don't mean a thing.....that's not exactly correct.

Here in Pennsylvania, if you apply for a business name, the state will NOT grant your request if they search and find a conflict of interest.

This is a FACT, and if they do grant you a license, the state will uphold your right to the name.

I'm not a lawyer, but this is the information that is in writing and imparted to me by the Commonwealth of Pennsylvania upon coughing the $70 and applying for my fictitious name, which was then researched and granted upon finding no conflict.

So I am Whiskey Spring Studios.

And nobody else in the state can be.

Don't let this person bully you, find out the facts and proceed in a manner that allows you the most comfort and least headache.

This does not have to be a great hassle if you don't pursue it.

Sometimes you just have to change your direction.

Ultimately, the name won't make or break you.

Don't get overly worried 'til you research the whole deal and get some local help.

Best of luck and let us know how it goes!

Message edited by author 2008-02-06 14:10:28.

etbliss

02/06/2008 02:07:18 PM · #73

Im not getting nasty. Im just trying to protect a trade name that has been in existence for a very long time. I pay my business license fees, my state tax's, and have built a solid business model that is in every way associated with Thomas "Bliss Photography".

If any of you are making a living out of your passion for photography and you had to deal with this exact situation, would you be as passionate about protecting your trade name in such a very dynamic, and pressured market? I think you would.

You really need to put yourselves in my shoes. If you are in this for a "hobby" then stand down. You don't have a dog in this fight. However if you make your living in this business, then I think you would feel very differentially if your name had been the one in so hotly debated in this thread.