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I won our registered trademark challenge

alexd

Administrator
Staff member
Two years ago an Australian company challenged the veracity of the TRIBE registered trademark, claiming it was not being used, in hopes of striking it from the Canadian trademark registry so they could enter Canada as TRIBE magazine. They are apparently a massive clothing company specializing in tweens and they hired an Alberta law firm to challenge the trademark because they wanted to set up TRIBE websites and printed magazine called TRIBE to market their fast fashions..
Challenges like this are very expensive to defend and I was quoted amounts like $100K by law firms and told it could take 10 years to fight (even b4 the pandemic hit).

I decided to fight it myself. I spent 3 days in the reference library reading case law, then put together a convincing argument backed with notarized documents from Heliox whose skilled server administration has given us a 99% uptime over the course of a quarter of a century. I decided to relinquish the "Printed Magazine" aspect of the trademark as it is very unlikely I will ever print another publication on paper under any brand.

However, the "online magazine" component is the most important part of the future of TRIBE, so I defended this to the best of my ability.

I received the judgement in the mail yesterday, and the Intellectual Property adjudicator ruled in my favor, saying the the trademark is in use and confirming my ownership of it. She stated a whole bunch of case law supporting her decision. This is good.

Of course, these Australian people can appeal. But I think it would cost them $$$$ to do that. Whew.

Alex D
 
Alex D. from TRIBE on Utility Room
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kyfe

TRIBE Member
From my experience, most of the time lawyers know little about the actual claim, their juniors and clerks do all the work and then they read the file before a mediation/pre-trial/trial. they are often unprepared and mis-speak about some of the topics at play. There are good lawyers out there but people often get taken just to have a lawyer when (such as in your case) a little bit of effort in understanding case law and principles around the issue you could represent yourself.
 

Bernnie Federko

TRIBE Member
From my experience, most of the time lawyers know little about the actual claim, their juniors and clerks do all the work and then they read the file before a mediation/pre-trial/trial. they are often unprepared and mis-speak about some of the topics at play. There are good lawyers out there but people often get taken just to have a lawyer when (such as in your case) a little bit of effort in understanding case law and principles around the issue you could represent yourself.

Sounds like you got some shit lawyers
 

kyfe

TRIBE Member
Sounds like you got some shit lawyers
my job requires me to deal with plaintiff lawyers, the majority don't understand the law (whatever the situation) are unprepared and not very good. The lawyers I work with on the defence side are knowledgable and worth the ticket. I should have clarified that
 
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