Saturday, January 16, 2010

Trademark Issues...

I got a very nasty set of e-mails from someone who said he was an attorney in New York. He said I was to stop using the term "Cat Whisperer" because they had trademarked it.

I contacted an attorney of my own, instead of blindly doing what he demanded (yes, demanded!)

My attorney took a look at the documentation, said the guy was full of hooey, and had no business talking to me like that. I'd given him no reason to be that nasty, and I was very short and direct in my answers, but not rude.

Anyway, it boils down to me trademarking a similar term, since the term "Cat Whisperer" cannot be trademarked. You can't trademark the word "Cat" and the term "Cat Whisperer" is too short to trademark. Meanwhile, my attorney and I have decided to trademark the term in such a way that I won't ever have to deal with the likes of this supposed attorney or his ilk, again.

So, I need $1,000. Anybody need help with their cats? Not asking for a loan or a donation, but I'd sure love to earn it!

3 comments:

Paula said...

Morgan, Hi, I also have received nasty e-mails from this guy. I know who's behind it and a lot about this jerk. He IS trademarking it and it's about to go up for opposition with the "uspto" office. You can look up "cat whisperer" on the uspto office site. I have the serial # if you want it. He is trying to steal my web site, I think all of us cat whisperers need to band together, we should talk. I was looking to e-mail a Morgan today off your site but wasn't able to contact you. He is a former trademark attorney and wants it for his wife. He is a prime jerk. 230,000 people currently use the term cat whisperer and he wants to steal it legally for his wife. We can appeal directly to the uspto office, don't need an attorney, he wants us to go for attorney so he can tire us out when she has a free attorney in him. But he is not legal to practise now and is a big bag of wind I think. You shouldn't have to trade mark a similar term. Why is he being allowed to trademark "Cat whisperer" Ask your attorney that?I own the domain thecatwhisperer.com and he wants to steal it outright. If you happen to get this tell me how to e-mail you. Thanks Morgan

Morgen said...
This comment has been removed by the author.
Morgen said...

Thank you for your kind comments! I've e-mailed you at your whois contact address...

The USPTO says the term can't be trademarked. Also, I have "prior use" and documented interstate commerce using the term. He's just using the USPTO to fight his battles for him, instead of doing due-diligence.

The site owned by purrtopia is ranking very low on the internet because he doesn't have a clue how to optimize or market it. He figures this is a way to improve his standings.

If he would, instead, use a little finesse, or even ask for help, perhaps he would get a better response.

"You can attract more bees with honey than with vinegar," as the saying goes....