Do we have any Lawyers here?

[xl_cheese]

So I got this in the mail at Pink Gorilla the other day. I'm not sure what to do with this. I think they are stretching a bit to try to sue me for using the term Gorilla. And maybe exaggerating the idea that I'm deliberately using their name.

 

[vroom]

I guess the makers of Gorilla Glue are ******.

 

[theoctopus]

Whether or not they are stretching, it's time for you to lawyer up. This is why every serious business should have a lawyer on retainer, so that they can chase these kinds of things down. Is what they're doing entirely legitimate? No, they're just trying to make a grab at your profits by bullying you into admitting fault. Could they win in court? Yes, which is why it's absolutely imperative you establish a relationship with legal council ASAP.

Good luck. I've had to deal with things like this a couple times before, and have been glad I have a lawyer available 24/7 every damn time.

I guess the makers of Gorilla Glue are ******.

I don't think the problem is the name. I think the problem is, primarily, that it's the name Gorilla + motor vehicle products. The word "pink" is an important modifier in this case, but there's no doubt that there's some meat on the bones they're trying to pick with Pink Gorilla, regardless of how ridiculous it may seem.

 

[konarider94]

def talk to a lawyer. It almost seems like they think you are a brand selling product under that name. You dont actually sell pink gorilla products do you.

they make effing lug nuts. Not many motorcycles use those. I cant possibly see how anyone would associate one with the other.

 

[snrusnak]

I guess the makers of Gorilla Glue are ******.

My exact thoughts.

What a bunch of bull ****. Get an attorney. All you should have to do is prove that you were not copying their name. I'm not even familiar with them.

Here's another company they should go after:

http://www.gorillatreestands.com/product_support/product_safety

 

[wolfo68]

Seriously? other than the t-shirts how much do you sell that isn't made by other companies?

 

[50dro]

Similar to HD owning "Lightning" I suppose? This kind of crap sucks but as the others have said, you might want to lawyer up! Good luck man!

 

[noone1569]

Man, some of the comments here are certainly from people unfamiliar with trademarks.

They are going after you for using the Gorilla trademark in connection with the sale of motorcycle items. This is why it is ok for Gorilla Glue to be fine and other Gorilla items not related to automotive.

You could research their trademark filings to see if they are, in fact, for use on motorcycle products if you would like. Your best bet is to find a good trademark attorney ASAP. Do not answer that letter on your own.

In order for them to hold the trademark of Gorilla, they have to enforce it. This is merely a case of them enacting such enforcement. It has nothing to do with going after your profits, but protecting their brand.

Good luck. These sort of things usually come out to who has bigger, deeper pockets. No matter what, be prepared for this to cost you some serious cash whether that is in the form of a settlement, redesign of your website, lawyer fee, etc, it is going to cost.

 

[Loki]

In order for them to hold the trademark of Gorilla, they have to enforce it.  This is merely a case of them enacting such enforcement.  It has nothing to do with going after your profits, but protecting their brand. 

I would disagree with that last part. They just want money and want to bully other companies. He isnt selling "Pink Gorilla Cycles" he is a middle man. There is no way people would get the two confused.

You are def going to lose alot of money about this, but like someone said, check up on them. Hell you might be lucky and have the trademark before them. Then the tables would be turned.

 

[noone1569]

I would disagree with that last part. They just want money and want to bully other companies. He isnt selling "Pink Gorilla Cycles" he is a middle man. There is no way people would get the two confused.

No way. There is definitely a market confusion here. It doesn't matter that he isn't selling Pink Gorilla Cycles. What matters is that the term Gorilla as it is associated with automotive (and possibly motorcycle) products is trademarked. He is using that term to sell motorcycle related items. As a consumer, I can see where the two intersect.

They very well may be trying to eek out some money here for damages, but it is certain that to keep a trademark, you must enforce said trademark.

 

[konarider94]

Have you even looked at gorilla automotives products though. I understand the legality of them buying a trademark associated with motorcycle parts if thats possible but i dont see what they sell that could be used on one. How can you trademark for something that you arent associated with, cycles do not equal automotive. Just ask advance auto when I have to convince them to sell me spark plugs for a motorcycle, "im sorry sir we only sell automotive parts". There are a handful of single sided swingarm bikes out there that use wheel bolts/nuts like the vfr and a couple other honda models. I cant think of any others. The ducati single sided swingarms use one large nut that is not even close to a standard multi-lug design. I looked through their application guide and it doesnt even mention motorcycles.

I dont think any of us are qualified to armchair this one. Regardless of if its right or not xl is still going to need a lawyer.

edit:i guess they sell a cycle alarm. Id never buy one from them now.

 

[snrusnak]

gorilla glue can be used on a motorcycle.....

just sayin'

It's ********.

 

[wally]

I've watched all the episodes of Suits...

 

[snrusnak]

^lol. I mean I don't know what I'm talking about legally really so granted my input is next to useless but this is obviously just ********. Whether or not he can get out of it or not I don't know. But good luck man...

 

[squidbuellie]

I don't want to get to heavily into this.... But this is pretty simple. Do you have a business lic? When you formed your LLC and applied for your business lic and your company name did you put your notice in the paper?

If so, just get a simple $250 consultation to make sure you crossed your "T's" and dotted your "i's"
Send them prof that you did all of the right procedures. then send them the bill for the atterny along with a cease and desist letter.

Problem solved...you can make a small claims case for the $250 but it is not really worth it. Write it off as a loss at the end of the year.

I have seen things like this before... It's kinda a low down dirty way to scam small business out of money.
They basically are trying to get a cut of all of your sales.

Good luck and keep us posted

 

[xl_cheese]

Squidbuellie, I have an LLC with the state of texas: PG Creator LLC. I also have the DBA Pink Gorilla Cycles.

What do you mean when you say, "put my name in the paper?" I didn't submit my name anywhere after I got my LLC and DBA.

Thanks for that tip!

 

[50dro]

I think he means the part where you have to "announce" your corporation in a publication. I did that when I created my corp. Are you sure you didn't do that?

 

[anrkizm95]

the part where you have to "announce" your corporation in a publication.

[up]

 

[xl_cheese]

I don't recall intentionally making an announcement in a publication.

 

[konarider94]

Any news? You talk with a lawyer? I hate to see good people put in crappy situations.