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Author Topic: Blue Microphones Mo-Fi Powered Fi-Fi Headphones - Should MoFi sue their asses?  (Read 2257 times)

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Marvey

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burnspbesq

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Almost certainly a waste of time.  Where's the likelihood of customer confusion?
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Marvey

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I was confused. Thought Mo-Fi sold out or something.
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Tyll Hertsens

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Probably doesn't matter much...they're heavy and don't sound all that good.
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Cheers,

Tyll (like on the floor only spelled different)

schiit

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Putting on the marketing hat...

It's quite possible that Mobile Fidelity Sound Lab has no rights to "MoFi," if that's a colloquialism that they never actually used (as in, printed on a product or used to describe a service.)

Which brings in a couple of important points:

1. If you have a long, cumbersome company or product name that people like to shorten (Federal Express/FedEx, for example), you must use the shortened name formally and provably in order to have any right to it.

2. Note the word, "use." This does not mean "register with the USPTO." It means, print it on a product. Put it in a brochure. Use it online and make sure you have an archive and records of when you first used it. You can certainly register the trademark as well--and, as a small manufacturer, raise flags to even smaller and more litigious manufacturers that you have money and would be a good target to sue, since they have been using the same term since 1958 on their garage-made stainless-steel toilet seat covers (or whatever.)

3. "Confusion" can be cut and dried--sound-alikes are a no-no, for example. This can easily cross industries. Do a sound-alike to Google making barbecues and see how fast they come knocking. Beyond that, "confusion" is determined in court. Can the typical person tell the difference between audio gear and audio software? Pay your lawyer $100K and roll the dice. The defendant does the same. The lawyers throw a small party. One of you loses. Don't know which.

Trademark stuff is a royal pain in the ass. If you're in doubt, do a quick search of the USPTO database. Then have a trademark lawyer verify it and give it their blessing. And then start using it. Don't register it, unless you want to bring a bunch of crazies out of the woodwork and have infinite time and money for spending in court.



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Lots o Schiit around here.

DaveBSC

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They've been using "Mofi" for at least a fair amount of time on their labels and such. I think the possibility of confusion is MUCH greater here than say Monster Cable suing anyone and everyone with the word "Monster" in their business or TV show(!) I don't think its unreasonable to think that a consumer might assume that Mobile Fidelity has somehow endorsed these.


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Marvey

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Blue Microphones also offers a THX-certified microphone



I think I will pass on their stuff. I've always avoided THX certified stuff like the plague. A decade ago, a friend of mine invited me over to his house because he was all geeked on his THX certified amps. I told him they sounded like shit.
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aufmerksam

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They've been using "Mofi" for at least a fair amount of time on their labels and such. I think the possibility of confusion is MUCH greater here than say Monster Cable suing anyone and everyone with the word "Monster" in their business or TV show(!) I don't think its unreasonable to think that a consumer might assume that Mobile Fidelity has somehow endorsed these.




Pretty sure I see the deadly little "TM" next to the logo on that t-shirt. ruh-roh. The issue is now going to be whether there is actually any money at play. This comes from either a) sales resulting from the perceived endorsement, or b) damage to Mo-Fi reputation (harming their revenue stream) since Blue barfed out a headphone and put "Mo-Fi" on it.

As an aside, I enjoy that when you buy the yeti with the "headphone bundle" it still comes with sennheiser HD202's
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schiit

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Yep, now Mobile Fidelity Sound Labs has a case. They have used Mo-Fi, and with a TM, that signifies intent to reserve the trademark.

Still a case for the courts. Does MFSL want to take the chance? Totally up to them.
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aufmerksam

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Interesting: blue has not put the magic words anywhere on the headphones, making compliance with any "cease and desist" (comparatively) inexpensive. Change some boxes and website pages. Almost as if they saw this possibility.
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