Posts: 12,299
Threads: 0
Joined: Mar 2006
(08-11-2018, 02:45 PM)Admiral Wrote: Well, it is not at all unusual for such cases to be brought on a contingency basis; i.e., percentage of recovery as legal fees. I work for a multinational tech company with a large IP portfolio and this is done all the time. This aligns the interests of the holder of the claim and the lawyer. Tommy's cessation of employment is a red herring; the issue is whether PBS infringed his trademark or trade dress.
In other words, the allegation is the original Tommy Mac developed the name as his trade mark.
Posts: 13,391
Threads: 4
Joined: Jun 2007
Location: New Jersey
(08-11-2018, 03:28 PM)Tony Z Wrote: In other words, the allegation is the original Tommy Mac developed the name as his trade mark.
Yeah, that's pretty much his claim; and that he did not authorize PBS to claim the simple "Rough Cut" but only the mark "Rough Cut with Tommy Mac". I know that there are differences between "registered" trademarks and common law trademarks, but that is beyond my expertise to explain. I guess I could call my colleague who is a trademark specialist, but he's in Germany and may not know the nuances of US law.
Credo Elvem ipsum etiam vivere
Non impediti ratione cogitationis
Posts: 883
Threads: 0
Joined: Sep 2009
Location: Carlisle, PA
I was away on travel for a few days and lost track of this thread. I scrolled through and didn't see anything on the subject ...
I was scrolling through Facebook on my phone the other day, where I follow Tommy, and there was a post he made about his house and new shop (less the tools) are up for sale. I wonder if this is an indication of the way the trial is going for him. I cannot find the post again.
Posts: 5,651
Threads: 0
Joined: May 2005
Location: Centre County Pennsylvania
I hope he's not paying lawyer fees. I have heard his name, I don't think that "rough cut" does anything for him. Maybe it makes it seem like a beginner could learn something from him.
Posts: 21,056
Threads: 0
Joined: Oct 2003
It’s his name—I think it’s reason enough.
It’s irrelevant what we think about its marketing value.
Gary
Please don’t quote the trolls.
Liberty, Freedom and Individual Responsibility
Say what you'll do and do what you say.
Posts: 3,156
Threads: 1
Joined: Jan 2005
Location: Northern Ohio
(08-11-2018, 09:44 PM)cams2705 Wrote: I was away on travel for a few days and lost track of this thread. I scrolled through and didn't see anything on the subject ...
I was scrolling through Facebook on my phone the other day, where I follow Tommy, and there was a post he made about his house and new shop (less the tools) are up for sale. I wonder if this is an indication of the way the trial is going for him. I cannot find the post again.
Here is the real estate listing for the house and shop:
https://www.realtor.com/realestateandhom...269#photo0
Posts: 17,564
Threads: 0
Joined: Jul 2006
Location: Milwaukee area
Well regardless of everything else, I sure hope the guy is okay and lands squarely on his feet.
Posts: 5,661
Threads: 1
Joined: Mar 2008
Location: Flemington, New Jersey
(08-12-2018, 05:21 PM)Phil Thien Wrote: Well regardless of everything else, I sure hope the guy is okay and lands squarely on his feet.
Yes. From what I have seen, he is a good man.
Ag
Posts: 2,378
Threads: 0
Joined: Dec 2011
08-12-2018, 07:29 PM
(This post was last modified: 08-12-2018, 07:30 PM by Handplanesandmore.)
Suffice to say anyone pondering a lawsuit must have a plan B for an outcome that is not as planned.
I don't think Tommy was selling assets for his court case; if he were, his plan B sound pretty ill-made.
Simon
Posts: 10,682
Threads: 1
Joined: Jan 2006
Location: Orlando, Florida
(08-12-2018, 07:29 PM)Handplanesandmore Wrote: Suffice to say anyone pondering a lawsuit must have a plan B for an outcome that is not as planned.
I don't think Tommy was selling assets for his court case; if he were, his plan B sound pretty ill-made.
Simon
I'm not so sure his Plan B was very solid when he quit the show in the first place. While he may be ticked that WGBH retained the name Rough Cut in the new show, it's still not clear to me how he was damaged. He's got a strong following on his Facebook page, but every celebrity has that kind of following. Since he currently derives a portion of his income from the classes he teaches, I wonder where he's going to teach after his shop is gone. This whole turn of events (Tommy quitting the show, the lawsuit, selling his house) just doesn't seem like things are going well for him.
Still Learning,
Allan Hill
