Posted by Tim Fierro (Tacoma, WA) on May 24, 2003 at 16:32:34:
Oh you are so bad… 
“Lease to Own” is copyrighted? - Posted by Crickett (Seattle)
Posted by Crickett (Seattle) on May 23, 2003 at 11:39:26:
I have had my directional signs up for over 2 months now. I just got a call from a woman claiming that her business has the phrase “Lease to Own” copyrighted!
Anyone want to comment on this?
Crickett
Generic Wording - Posted by Gerald-DC
Posted by Gerald-DC on May 24, 2003 at 24:29:07:
I am an attorney who has over 13 years experience in Trademark proscution. While this is not legal advice, this woman who called you is a kook in my opinion.
“Rent to own” is a generic term when used with services where you rent property with an option to buy it. It is a generic term that cannot be trademark or copyrighted.
If I came to you with an IOU stating that you owed me $100,000 would you pay it? Of course not, her allegations are analagous to the above scenario.
Do not take it seriously, do not research it further, do not take her calls.
Her claims are completely baseless.
As far as her purported trademark certificate, it is probally it is not official and certainly not from the US Govt. If you want to fax it to me, you can at 301 649-1410, I’ll review it for you at no charge.
Re: “Lease to Own” is copyrighted? - Posted by RichV(FL)
Posted by RichV(FL) on May 23, 2003 at 18:40:25:
Crickett,
Tell her you belong to the Sosueme (So Sue Me) Indian tribe.
Thats a crock of if I ever heard it. That would be like me saying I trademarked “Home for rent”.
Regards,
RichV(FL)
Same lady did this to Kaiser too. LOL! - Posted by Stacy (AZ)
Posted by Stacy (AZ) on May 23, 2003 at 18:39:22:
It’s comical. This woman is a hoot. Read the replies here, from Joe’s 1991 post:
http://www.creonline.com/wwwboard/messages/arc_2001//arc_13/13840.html
Re: “Lease to Own” is copyrighted? - Posted by Tim Fierro (Tacoma, WA)
Posted by Tim Fierro (Tacoma, WA) on May 23, 2003 at 16:13:35:
Call her back and tell her that you don’t have time to mess with silly bickering over words. Go talk to the person who printed them. You are using generic words in a sentence and you don’t care what her problem is.
Are you now waiting for her to call you back to ask you to pay her for infringing on her ‘trademark’?
I don’t think so. As in a conversation I had last night with someone, and it was going sour, my words were: Eat Me!
There are all kinds in this world.
Sorry, that’s trademarked - Posted by Crickett (Seattle)
Posted by Crickett (Seattle) on May 23, 2003 at 11:48:28:
And I just got a fax with an official looking certificate.
So now my $200 worth of directionals are worthless?
Re: Generic Wording - Posted by Crickett (Seattle)
Posted by Crickett (Seattle) on May 24, 2003 at 10:04:27:
BODY OF MESSAGE: Gerald,
I appreciate your, and everyone else’s efforts to set my mind at ease. I am considerably less concerned than I was yesterday after the phone call/fax.
The fax she sent is of a certificate from the State of Washington Secretary of State, stating that Homeland Holdings, LLC has trademarked “LEASE TO OWN!” (note the exclaimation point). Trademark was issued July 26, 2002, and certificate is dated August 6, 2002. The classification number is “42” (miscellaneous), and the actual goods and services are “leasing and sale of real property.”
After checking the link about Joe Kaiser’s adventures, it sounds like the same woman. My reaction was exactly the same…“You got to be kidding me!”
Since it is a generic term, and since none of my signs use an exclaimation point, I’ll sit tight, much relieved, until further developments.
As someone else pointed out, just because she has the certificate doesn’t mean she can defend her position. (Just because I can give you a Quitclaim Deed to the Golden Gate Bridge and you can record it, doesn’t mean it’s worth a tinker’s darn!)
Crickett
Oops, not 1991 - Posted by Stacy (AZ)
Posted by Stacy (AZ) on May 23, 2003 at 19:23:20:
Sheesh. I think I dropped a year or two. The post was from a couple years ago, not 1991.
Re: “Lease to Own” is copyrighted? - Posted by JT-IN
Posted by JT-IN on May 24, 2003 at 11:25:15:
Tim:
So how does that phrase benefit the negotiating process…? It seems to me to be a rather harsh close, but does it really work…? (tehe)
JT
Tim . . . - Posted by Joe Kaiser
Posted by Joe Kaiser on May 23, 2003 at 18:52:17:
Please be advised that I have trade marked the phrase, “Eat Me!”
Demand is made to cease and desist from using the term in any
form immediately. Should you fail to comply, you do so at your
own peril.
Joe
Re: Sorry, that’s trademarked - Posted by William Bronchick
Posted by William Bronchick on May 23, 2003 at 19:06:21:
In order for there to be protection under the law, the name must be unique and fanciful, rather than “merely descriptive,” which lease-to-own appears to be in the context of selling a home. The filing of a trademark with the state or federal government does not necessarily mean there is protection for the name; like the county recorder of deeds, filing is only a notice issue.
If she used the name for her company, she could have legal recourse under the theory of “unfair competition,” which means she had goodwill in the name and now you are trying to ride her coattails. This would be like using a bright yellow billboard that says “we buy dirty houses” - seems very close to another company’s slogan and that would confuse potential customers into thinking you were affiliated with Homevestors.
Re: Sorry, that’s trademarked - Posted by Sean
Posted by Sean on May 23, 2003 at 14:59:35:
Personally sounds like a moocher, you can call her and see if its just a bluff, or change your signs to “Rent To Own”
Re: Sorry, that’s trademarked - Posted by Kristine-CA
Posted by Kristine-CA on May 23, 2003 at 13:23:52:
Crickett: if it were me, I’d be calling whatever number I could find for the source of that official looking certificate.
But what happens if you keep your signs out? She’d have to sue you, right? How far could she possibly get with this? Does she call every ad in the Seattle papers that refer to lease to own? All auto dealers, all furniture stores? My goodness. What a silly issue she has chosen as a niche.
Sincerely, Kristine
Re: Sorry, that’s trademarked - Posted by Tom (GA)
Posted by Tom (GA) on May 23, 2003 at 12:36:16:
From the trademark lookup database I’d think the United States Patent and Trademark Office would have something to say. It shows 2 dead and 2 live claims. The 2 live claims do not claim to have exclusive right to use the phrase. She may have the right to use the phrase in a “service mark”.
Tom
Re: Don’t worry - Posted by Jack
Posted by Jack on May 23, 2003 at 12:34:56:
People cannot trademark phrases or words that are already in common use. Keep using it, and tell her to bring suit against you if she feels she must. All you would have to do is refer to all the ads in your newpapers, and thousands of newspapers across the country to prove this dork didn’t invent the phrase. Also, go to any realty sign store, and I guarantee you will find signs by the hundreds with the words “Lease to Own”. You think she’ll have a chance against all of them?
Someone else tried this years ago to someone on this board. People like this woman really get me PO’d.
Re: Generic Wording - Posted by Tim Fierro (Tacoma, WA)
Posted by Tim Fierro (Tacoma, WA) on May 24, 2003 at 10:27:57:
What is her name?
Re: “Lease to Own” is copyrighted? - Posted by Tim Fierro (Tacoma, WA)
Posted by Tim Fierro (Tacoma, WA) on May 24, 2003 at 15:23:05:
I should have mentioned, these words were not said to a person in a transaction, it was said to another, in another dimension. I don’t suggest these words be said to someone you wish to do business with in the future.
Mr. Kaiser, Please Be Advised that… - Posted by Ronald * Starr(in No CA)
Posted by Ronald * Starr(in No CA) on May 24, 2003 at 06:50:34:
Mr. Joseph Kaiser (AKA “Joe Kaiser”)–(WA)--------------
Please be advised that I have copywrited, within the state of Washington, the phrase: ‘Please be advised that I have trade marked the phrase, “Eat Me!”.’ Your use of this phase is infringing my copywrite. Please refrain from future use of my phrase without my permission or suffer legal consequencies. Should you desire to continue to use this phrase, please contact me for information about licencing and licence fees.
Sincerely Yours, Ronald Starr
Good Investing and Good LaughingRon Starr***
Re: Sorry, that’s trademarked - Posted by Crickett (Seattle)
Posted by Crickett (Seattle) on May 23, 2003 at 12:56:43:
The fax she sent me shows a trademark in the state of Washington only, not from the US Patent & Trademark Office.
Any more suggestions?
Crickett