I’ve run into these guys as well. If you investigate carefully, you’ll find that they tried to register the phrase at the US Patent office a couple of years ago. I believe that the patent office started in inquiry, and nothing ever came of it. Shortly thereafter, they patented the phrase with the WA Patent office. So it’s a state patent, and not a US patent.
I talked to Joe Kaiser, who had also run into these guys. I turned over all the info I’d gotten to him, with him saying he’d turn it over to his attorney. However, try as I might, I never got any word back from Joe as to what his attorney had said.
In addition, I know that they also hit up Steve Anderson, who is now the VP of the local rea - REAPS.
How does the state vs US patent impact the whole mess?
Posted by Keith on September 09, 2004 at 21:40:06:
I am advertising a property with “Lease To Own” signs.
Another company in the area has a Trademark License in the state of Washington on the phrase “Lease To Own!” (note the exclamation point) Their attorney has faxed a letter to me threatening a lawsuit if I continue to use lease to own signs. (I verified their trademark license)
Am I violating trademark law? Do they have a case?
What if someone decides to trademark the phrase “For Sale” or “For Rent”.
Frankly, I’m surprised that the United States Trademark Office would allow this to be registered. I have done many trademark filings and this should not have been allowed. Was it in conjunction with a logo or other mark that makes it unique or just the phrase?
If they truly do have a registered trademark, then the only way to keep the exclusivity is to defend it otherwise it will lose its value to the owner. So, if they truly do have the mark registered, which again I doubt, they do have a foot to stand on and they probably will sue in order to defend their mark.