Sears Warns Nevada County Teens Over Name Of Lawn Care Business

[Kadie]

Sears Warns Nevada County Teens Over Name Of Lawn Care Business
January 19, 2012 9:06 AM

PENN VALLEY (CBS13) –

snip...
Sears is suing 13-year-old twins James and Andrew Schnitzius over the name of their lawn care business: Weed Whackers R Us.

According to the twins’ mother, Clarissa Schnitzius, the boys started the business last summer to earn money to buy iPod Touches.

Their uncle helped them come up with the name Weed Whackers R US and made a one-page website to get the word out to their small community of Lake Wildwood.

The problem, Sears has trademarked the name Weedwacker®. Lawyers for Sears sent a letter this week accusing the boys of trademark infringement and cybersquatting. Sears is demanding the boys take down the website and discontinue using the name Weed Whackers R Us.




more...
http://sacramento.cbslocal.com/2012/01/19/nevada-co-teens-face-lawsuit-over-lawn-care-business/

[lpbk2713]

1. What I see really funny about this ...

The way Sears & K-Mart are going ... James & Andrew will probably outlast them.

[nykym]

2. Or

Own them!

[yellowcanine]

13. Doesn't matter. In bankruptcy those trademarks would be sold off.

Sometimes other than the store properties and remaining inventory, the trademarks are the only things of value which can be sold to pay off creditors.

[MineralMan]

3. Wait 'til Toys R Us gets through with them.

Stupid corporations.

[shraby]

4. Wasn't the weed whacker originally stolen from the inventor?

[sharp_stick]

5. too damned many lawyers

and paralegals that do nothing but troll the damned web looking for this kind of shit.

[ManiacJoe]

6. As true as that may be,

the law says that you cannot pick and choose when to protect your trademarks. It is an all-or-nothing deal.

[gratuitous]

7. Except if you don't protect your trademark, you can lose it

And yeah, it seems kind of petty, but for companies and businesses that have promulgated a brand, losing or diluting a trademark can lead to bad consequences. That's why Levi's and Kleenex insist in folks calling products "blue jeans" or "facial tissue." And if you let a couple of kids in Nevada appropriate a brand, as harmless as that seems, it can open the door for someone far bigger and less scrupulous to really damage your brand.

[Honeycombe8]

8. A trademark is a trademark. It's a legal thing.

If Sears lets its trademark be infringed on in one instance, someone else would have a basis to claim it's not a protected trademark.

The father should explain to the kids why they have to change the name of their business, and then come up with a non-trademarked name. It's all part of doing business. The kids, and their father, have learned something: Google the name first to make sure it's not trademarked.

[woodsprite]

9. Well, if they're using Sears or Craftsman brand items, I hope Toro or another company

steps up and donates a few items of equipment to them so they can continue their little business.

[Liberal In Texas]

10. According to the OP, Sears copyrighted weedwhacker...one word.

Their name is TWO words weed and whacker. Two common words.

I don't think Sears has a case.

But of course it would cost a fortune to fight corporate lawyers. Talk about frivolous law suits.

[yellowcanine]

11. So I could start a Tasty Cake Bakery? I don't think so.

Sorry I wish these kids well but I think they messed up here...

And as someone else pointed out - They could be in trouble with Toys R Us as well.

[HopeHoops]

12. Fuck that. I've got a gas-powerd Stihl and I it's a "weed whacker".

I remember a small store long ago called "The Crafts Man". He never got bitched at. What's next, going after lemonade stands? D'OH!!!

They're kids - they are working - they're trying to make their own money - they're getting exercise - they're probably not making shit (I mowed lawns when I was their age). Besides, the one in the picture isn't a "WeedWhacker" - those are green. And on top of that, the mower is a Sears 6.0 Briggs & Stratton mower that costs about $170 (maybe more, but it doesn't have the large rear wheels or self-propel options).

What's the point here? The term is already generic. You can't make a PRODUCT with the same name, but a service is an entirely different matter. Does anyone really think that's going to be a name they stick to after they discover girls? (Don't answer that if you're thinking what you're probably thinking.)

[LadyHawkAZ]

15. "What's next, going after lemonade stands? D'OH!!! "

Funny you should mention that...

http://www.utahstories.com/2010/10/11/dough-girl-big-decision/

Last month we reported on the plight of Tami Cromar, the local owner of My Dough Girl Cookies in Salt Lake City. Cromar was then embattled in a nasty lawsuit brought on by cookie goliath Pillsbury, who claims that she is violating their trademark of the word “dough.” She is one of several local small businesses currently embroiled in what most people would consider rather ludicrous trademark infringement suits by highly litigious mega-businesses.

[...]

After the national media picked up on her story and bombarded her with interview requests, her daughter’s plea was the last straw in what had been a long and emotional saga. The next morning she called her attorneys and told them to sign the papers indicating that she was going to comply with Pillsbury’s demands.

[HopeHoops]

17. I know. That was my point. How stupid can people get?

[elvisbear]

14. Just change the name to "Grass Gropers"

[mrmpa]

16. Hasn't anyone noticed the discrepancy in spelling?

Weedwacker (Sears, 1 word, not plural, and no H) Weed Whackers (2 words, plural and has an H). Just saying.