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cabana 4 life
10-31-05, 06:51 PM
hello, i started a small clothing company called One less car. any way i got a email today saying that the name One less car is copyrighted. does any body know if that could be true?


thanx

cc_rider
10-31-05, 07:10 PM
One Less Car is a non-profit organization in Baltimore Maryland. They lobby on bicycle issues and co-sponsor the Tour du Port ride.

http://www.onelesscar.org/

Are they the ones you got the email about?
Don't know if their name rights extend beyond Maryland.

genec
10-31-05, 07:30 PM
hello, i started a small clothing company called One less car. any way i got a email today saying that the name One less car is copyrighted. does any body know if that could be true?


thanx

I have one suggestion... bright colored T shirts... Red, Yellow... you get the idea. I looked at your site and every shirt was black... fine for a message, lousy for a cyclist.

supcom
10-31-05, 07:36 PM
I don't know about copyright, but "One Less Car" is a registered trademark with the US Patent and Trademark Office.

http://tess2.uspto.gov/bin/showfield?f=doc&state=7om76g.2.1

Seems to be registered to Locomotion in Favor of the Earth, Inc., a consulting company located in Maryland. Curiously, and perhaps coincidentally, onelesscar.org is also located in Maryland.

From the Trademark listing:
"Consulting services, namely, providing consultations to others in the field of bicycling and pedestrian safety; lobbying services, namely, advocating for the interests of bicyclists and pedestrians."

I suspect you would have difficulty in keeping the rights to this name considering that there is an active trademark related to alternative transportation. However, you would be best served to consult with a patent attorney to know what your position really is.

dynaryder
11-01-05, 01:35 PM
Call a lawyer. You might be ok if you're using '1lesscar' instead of 'onelesscar',but IANAL. Remember the lawsuit between Kellogs and Exxon over the use of a tiger? Also,your site is for profit,which may aggravate things.

chemcycle
11-01-05, 01:59 PM
Another thing, the cars on your bumper stickers look very similar to the cars on the One Less Car non-profit website.

Although those are probably not trademarked, maybe to them, it looks like someone is trying to profit off of their name and image.....

One of the arguements in these types of cases sometimes rests on whether consumers could confuse the two entities. In this case, it seems likely.


You will probably need a lawer to sort this out if you want to keep the name.

PaulH
11-01-05, 02:48 PM
Wouldn't "One More Parking Space" be better received my motorists?

Paul

cabana 4 life
11-01-05, 05:34 PM
im thinking car less one

mandovoodoo
11-01-05, 05:48 PM
This seems a trademark issue, not a copyright issue, as far as your name goes. I doubt it is worth fighting. National registration is likely to trump you.

You can possibly stall a while. But it will cost.

I strongly suggest consulting an IP attorney before getting too far into this.

Next time have a real trademark search firm look for marks, registered & unregistered.

amigo
11-01-05, 07:13 PM
i think: "one more bike"

Portis
11-01-05, 07:14 PM
What's wrong with 1less car? I got one of your shirts btw. Very cool. Thanks.

cabana 4 life
11-01-05, 07:17 PM
This seems a trademark issue, not a copyright issue, as far as your name goes. I doubt it is worth fighting. National registration is likely to trump you.

You can possibly stall a while. But it will cost.

I strongly suggest consulting an IP attorney before getting too far into this.

Next time have a real trademark search firm look for marks, registered & unregistered.

some things you learn the hard way thought i had it taken care of.

Brad M
11-01-05, 07:25 PM
If this Locomotives for Mother Earth company is really the friendly organisation they make themselves out to be they wouldn't be coming down on some kids pressing t-shirts for fun.

closetbiker
11-01-05, 07:30 PM
Wouldn't "One More Parking Space" be better received my motorists?

i think: "one more bike"

How about "one less by-pass" ?

It's less anti-car, and more pro-human and, for all the concern about the problems that cars bring up, those problems pale in comparrison to the plight of heart disease that affects the general population.

Bekologist
11-01-05, 08:34 PM
I just saw 'one less car' t-shirts for sale on the local craigs list-

i bet the lawyers will make you pay all of your proceeds to the organization if they do indeed have the rights to that phrase.

But it sucks, I agree. should have looked into it a little bit further.

My take on it, change your business name (you did register your business with the appropriate state and local entities, right?) and keep selling shirts promoting the anti vehicle theme. agree to send a portion of the profits from a shirt that you sell with the slogan 'one less car' on it to that organization that holds the trademark.

mandovoodoo
11-02-05, 04:58 AM
If this Locomotives for Mother Earth company is really the friendly organisation they make themselves out to be they wouldn't be coming down on some kids pressing t-shirts for fun.

On the contrary, they must press against infringers or they lose their rights to the name.

supcom
11-02-05, 09:04 AM
If this Locomotives for Mother Earth company is really the friendly organisation they make themselves out to be they wouldn't be coming down on some kids pressing t-shirts for fun.

The OP hasn't said who, if anyone, is claiming rights to the trademark. All he said is that he got an email telling him that the phrase was copyrighted. He didn't say who sent him the email and whether they claim to represent someone who has rights to the name.

A simple google search will find that the trademark of One Less Car has been discussed on a couple of other cycling forums. Perhaps someone who recalled one of those discussions sent the email

BTW, onelesscar.org is owned by OneLessCar, Inc (as indicated on their website). OneLessCar, Inc. is the same corporation as Locomotion in Favor of the Earth, which owns the "One Less Car" trademark.

Locomotion in Favor of the Earth was formed in 1999. In 2002, the corporation changed it's name to OneLessCar, Inc. The President (at that time) was Paul Lebow, and the Treasurer was James D. Vance. Principal offices of OneLessCar, Inc. were in Annapolis, Md.

cabana 4 life
11-02-05, 10:23 AM
ok, i want to email who has thr trademark and explain what happened, and ask them what i should do but i dont know who has the tradmark. ive gooton a few email's of people around there area who have a trademark on it. does anyone know who acutaly has the tradmark.

The Wheelist
11-02-05, 10:34 AM
Ahem.

I think the term you are looking for is: One Fewer Car

If you use this phrase then you can take the piss out of the One Less Car organisation for being grammatically incorrect.

Or, how about registering UnCarYnLlai.com - It's One Less Car in Welsh. Then you could just provide English translation t-shirts! I'm not sure of they can bust your ass for that. Probably. :rolleyes:

cabana 4 life
11-02-05, 11:26 AM
i just emailed the people who think have the trademark and asked them what to do. i hope it goes well.