Looks like we have a B&B Storefront!

[APBinNCA]

Right at the bottom, it says Badger & Blade

 

[luvmysuper]

Does anyone know if this website even is trademarked and copyrighted? I would assume so but I do not actually know.

Unfortunately, if it is not already protected, I fear we will have little recourse.

Yes, it is.

 

[CzechCzar]

Thanks all.

Since we are trade marked we can at least take legal action if the moderators decide that is what we ought to do.

 

[Adam18]

Before anybody needlessly spends and money on attorney fees and retainers, let's all take a deep breath
here and examine things a little more carefully .....

Our proud website is entitled "Badger & Blade" while the name of the shop is "The Badger & Blade."
That small difference alone is probably enough to protect them from any copyright infringement liability.
Copyright infringement claims need to suggest unfair competition. That is certainly not the case here.
Also, if you look closely, the ears on our badger logo are black and white, while the ears on their badger
are solid black, and there are crossed straight razors under the badger's chin on their logo which differs
from ours----- these small dissimilar findings are probably enough of a differentiation, again, to protect
them from any ethical or jurisprudence liability. I sincerely doubt that the owners of this shop are out to
hurt us or cause any malfeasance toward our community of fine gentlemen.

Those of you who have read my many "happy" threads and posts in the past are well aware that I am an
eternal optimist. So let's look at the bright side of this situation. Perhaps there are a bunch of traditional
shavers in the neighborhood of the barbershop who will plug "Badger & Blade" into their internet search
engines and stumble upon our website. And maybe, just maybe, we'll get some nice new gentlemen to join
our esteemed group. Hey, ya' never know. This may wind up being a blessing in disguise.

 

[carluchi]

I tend to agree, however (and I am not a lawyer / solicitor) I think the main issue would be people thinking the barbershop is associated with this website and not the other way around.

If you type in the 'The Badger and Blade' in a search engine, the first entry is this site and the second one is the barbershop. People who would be trying to book an appointment may think that they are one in the same and that is where trademark issue comes in.

Also, if you fail to defend your trademark for one entity, you may have a very hard time enforcing it for another, but again I amy not an attorney / solicitor.

 

[Lefonque]

Before anybody needlessly spends and money on attorney fees and retainers, let's all take a deep breath
here and examine things a little more carefully .....

Our proud website is entitled "Badger & Blade" while the name of the shop is "The Badger & Blade."
That small difference alone is probably enough to protect them from any copyright infringement liability.
Copyright infringement claims need to suggest unfair competition. That is certainly not the case here.
Also, if you look closely, the ears on our badger logo are black and white, while the ears on their badger
are solid black, and there are crossed straight razors under the badger's chin on their logo which differs
from ours----- these small dissimilar findings are probably enough of a differentiation, again, to protect
them from any ethical or jurisprudence liability. I sincerely doubt that the owners of this shop are out to
hurt us or cause any malfeasance toward our community of fine gentlemen.

Those of you who have read my many "happy" threads and posts in the past are well aware that I am an
eternal optimist. So let's look at the bright side of this situation. Perhaps there are a bunch of traditional
shavers in the neighborhood of the barbershop who will plug "Badger & Blade" into their internet search
engines and stumble upon our website. And maybe, just maybe, we'll get some nice new gentlemen to join
our esteemed group. Hey, ya' never know. This may wind up being a blessing in disguise.

I agree with your summation of the situation. Live and let live is a good motto.

 

[Owen Bawn]

I vaguely recall McDonald's attempting to sue a restaurateur named Ronald McDonald over his name and the name of his McDonald's Family Restaurant.

In 1946 the Marx Brothers released a film called A Night in Casablanca. Warner Brothers Studios sent a letter to the Marxes threatening a suit because Warner's film, Casablanca, the Bogart classic, was still in theaters at that time. Groucho Marx responded by sending a letter to Jack Warner in which he wrote that the Marx Brothers were considering a lawsuit against Warner Brothers over their use of the word "brothers."

 

[OldSaw]

We can speculate all we want. It’s really up to Nick and/or Joel to decide how they want to proceed.

Oh, and as far as McDonald’s goes, there used to be a restaurant in Green Bay, WI called The McDonald Family restaurant, because that was their name. Long story short, they’re not around anymore.

 

[Owen Bawn]

We can speculate all we want. It’s really up to Nick and/or Joel to decide how they want to proceed.

Oh, and as far as McDonald’s goes, there used to be a restaurant in Green Bay, WI called The McDonald Family restaurant, because that was their name. Long story short, they’re not around anymore.

The case I mentioned was in rural Illinois:

Small Fry Wins Mcdonald's War -- Farm Town Ronald Mcdonald Leaves Rival With Fallen Arches | The Seattle Times

 

[Beefdrippings]

McDonald’s was famous for being very litigious in these types of situations. Not because they had some kind of moral or legal high ground, they simply had the money that their counterparts did not.