Thursday, August 24, 2017

Bullied By Big Business

Hi, my name is Eddie Renz and I live in Denton, Texas. In 2015 I launched a small local brand called "Denton Swag" that sells Denton, Texas themed shirts and prints. I had a number of friends tell me I needed to trademark my name and so I did. In April of 2017 I received an opposition to my trademark from a Company called SaraMax Apparel Group that owns a trademark called Dr. Denton. Dr. Denton is an ancient brand that sold prams and onesies for babies. 
At first I thought this was going to be a simple process of just responding to a few emails from a law firm called Oved & Oved out of New York, but as the process dragged on I realized quickly I was in over my head and I needed to consult an attorney. The first attorney said they needed a retainer of $25,000 and that this trademark battle could exceed $100,000 easily! Yikes. This little business of mine hasn't even made a profit yet! So I thought I would ask them if we could settle and they sent me a response that included turning my domain name over to them, why would they want to take my domain name from me? 
On Jun 26, 2017, at 4:33 PM, Aaron J. Solomon, Esq. <aaron@ovedlaw.com> wrote:
Mr. Renz:
In furtherance of our recent discussion, our client is willing to resolve this matter on the following terms:
1)You file a notice of abandonment for the trademark “Denton Swag” and or assign same to us;
2)You agree not to file any similar Trademark application containing the name Denton in connection with apparel or to challenge any Trademark or Trademark filing by our client
3) You discontinue use of the domain name dentonswag.com and assign same to us
4)You discontinue the sale of any clothing bearing the name Denton both online and in stores.
If the foregoing are agreed to our client is will to permit your continued sale of other non-garment Denton branded products such as coffee mugs, etc.
Please advise.
Very truly yours,
Aaron J. Solomon, Esq. | OVED & OVED LLP
401 Greenwich Street | New York NY 10013
V : 212.226.2376 x 229 | F : 212.226.7555
Fortunately, after doing some research I found Bricolage Law - a boutique firm that specializes in trademark law. I talked to Eve Brown who explained to me that this company had no right to oppose my trademark and that this opposition was frivolous at best - especially since Dr. Denton products are no longer being sold in stores! 
Eve's fees are much more reasonable and the max cost would be $54,000, but if we can get the whole thing dismissed it may only cost 15,000. This amount is much more reasonable and will not only help my cause, but will help grow Bricolage Law continue to help other small businesses. Their goal is to help small business owners stop big businesses from claiming that a trademark is infringing and destroying small businesses just because they have the resources to step on small business owners. 
Please help me raise the 15,000 to fight this Trademark opposition and to help other current and future small business owners in Denton. Bullying should not be allowed of our city. If businesses know that can't run over the little guys and gals then maybe they will stop the lawsuits.
Thank you for your support!

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