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(08-10-2018, 06:08 PM)Tony Z Wrote: In the end, what is the value of the lawsuit? The original Tommy Mac made his name known, and can monetize it. What is the value of the phrase "Rough Cut"? Ain't gonna make me buy a line of chisels.
Well, obviously PBS seems to think its worth something..... These type of disputes are always difficult to value in terms of damages.
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(08-10-2018, 06:08 PM)Tony Z Wrote: In the end, what is the value of the lawsuit? The original Tommy Mac made his name known, and can monetize it. What is the value of the phrase "Rough Cut"? Ain't gonna make me buy a line of chisels. At least in part, Trademark Law REQUIRES that you defend your trademarks or risk losing them.
We all hear stories of big bad companies suing some poor private daycare for using cartoon images without permission, but the truth is that if the big company can be shown to have ignored infringement they knew about, their trademark or copyright can be lost legally.
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My comments were aimed at the original Tommy Mac. To my thinking, he would be better off pursuing the fame he got from the TV exposure and letting the "Rough Cut" name be (to WGBH).
This is a situation where the cards are stacked against him, unless WGBH is preventing him from making a living as before the series.
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Tommy sells his Rough Cut shows via Amazon; if he doesn’t win, will he have to rebrand himself?
Gary
Please don’t quote the trolls.
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08-11-2018, 08:56 AM
(This post was last modified: 08-11-2018, 09:01 AM by Phil Thien.)
(08-11-2018, 08:47 AM)Tony Z Wrote: My comments were aimed at the original Tommy Mac. To my thinking, he would be better off pursuing the fame he got from the TV exposure and letting the "Rough Cut" name be (to WGBH).
This is a situation where the cards are stacked against him, unless WGBH is preventing him from making a living as before the series.
There has to be some reason he is spending money on this, I just haven't figured it out yet.
I agree the words "Rough Cut" hardly warrant an expensive battle when you can use "Tommy Mac."
Edit to add: I guess it could be the "principle of it." And even though PBS/WGBH have deep pockets, I've watched as someone that apparently didn't have two nickels to rub together was able to "go deep" because their spouse came from money. You have to be careful w/ first impressions.
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Rougher Cutting Finer Wood Working Season 9. He should just start that right now. Use all the next numbers.
Glad its my shop I am responsible for - I only have to make me happy.
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(08-11-2018, 08:56 AM)Phil Thien Wrote: There has to be some reason he is spending money on this, I just haven't figured it out yet.
I agree the words "Rough Cut" hardly warrant an expensive battle when you can use "Tommy Mac."
Edit to add: I guess it could be the "principle of it." And even though PBS/WGBH have deep pockets, I've watched as someone that apparently didn't have two nickels to rub together was able to "go deep" because their spouse came from money. You have to be careful w/ first impressions.
First, a bit of disclosure: my son-in-law is an attorney. Second, after 30+ years in business for myself, I've learned to avoid attorneys at any cost. This is not fair to generalize an entire group, but there are some that are less interested in the merits than they are their profits. My opinion is just that: my opinion, and I just don't see value in the phrase "Rough Cut". Was the original Tommy Mac discharged? If so, them he may have some merits. If he chose to leave, then I'd let it go.
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(08-11-2018, 10:06 AM)Tony Z Wrote: First, a bit of disclosure: my son-in-law is an attorney. Second, after 30+ years in business for myself, I've learned to avoid attorneys at any cost. This is not fair to generalize an entire group, but there are some that are less interested in the merits than they are their profits. My opinion is just that: my opinion, and I just don't see value in the phrase "Rough Cut". Was the original Tommy Mac discharged? If so, them he may have some merits. If he chose to leave, then I'd let it go.
Oh I don't disagree, was just trying to figure out his rationale.
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(08-11-2018, 10:56 AM)Phil Thien Wrote: Oh I don't disagree, was just trying to figure out his rationale.
Same here!
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(08-11-2018, 10:06 AM)Tony Z Wrote: First, a bit of disclosure: my son-in-law is an attorney. Second, after 30+ years in business for myself, I've learned to avoid attorneys at any cost. This is not fair to generalize an entire group, but there are some that are less interested in the merits than they are their profits. My opinion is just that: my opinion, and I just don't see value in the phrase "Rough Cut". Was the original Tommy Mac discharged? If so, them he may have some merits. If he chose to leave, then I'd let it go.
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.
Credo Elvem ipsum etiam vivere
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