Would you get Paparazzi and WhoDat confused?
- Thread starter Mr Paparazzi
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Actually I have put in to trade mark my business name/logo - is going through that process currently - I invested a lot of time and money in developing and building my brand. (This is a buisness not a weekend market stall or backyard hobbyist flipping boxes to fund thier own PC)Unless either of you have actually trade marked the name, neither of you have a proprietary right over 'cards, comics and collectables'.
Mere registration of a name won't provide for an exclusive legal right.
I know neither of you have trade marked the name, as that's pretty extreme for small/hobby businesses.
While you have a common law right to protect the goodwill of your business, no action can be brought here because:
(1) the names are quite easily distinguished, as mentioned above, most people refer to you as Paparazzi.
(2) neither of you actually own that phrase via trademark.
(3) The phrase, is merely the industry you conduct your business in, so it can't be trademarked in the first place. [For example, Jim's Plumbing can't trademark plumbing.]
(4) Arguably, you are operating in different states/territories, with majority of your business being conducted in your relative states (You = SA, WhoDat = WA).
So you have nothing to worry about mate.
Keep on growing!
Not sure why this even needed to go to a public forum - was a private discussion between Brett and I. Further more my business is also registered as a legal entity. I pay taxes, wages, GST etc. I deal all over the country and throughout Asia.
Quite right confusion is not paramount between us and I never said anything about you taking business away from me. (that is not even a concern to me - adds for post drama though i suppose) I just thought it odd that apart from Paparazzi and Who Dat we are identical in name on FaceBook but only one of us is actually a registered trading business. I wasn't malicious or attacking in what I said to Brett and hoped to deal with it in private. People are welcome to form their own opinions. He provides a great service as far as I know and I also try to do the same.
Sorry you got me there - missed that one; my sincere apologies but I do not sit on this forum all day everyday looking to do simple trades, pick up PC etc. I am a shop not a collector. My email address is available for people to contact me. My website is also there not to mention a phone number to be contacted on at the shop as well as Facebook.
Actually it is registered and is in the process of being trademarked currently. My logo is my brand.
Firstly, "Cards, Comic & Collectibles" is a business established in 1984 http://cardscomicscollectibles.com/about/ so if anything, David, you would be infringing on their intellectual rights. Secondly, it is my understanding that there is no infringement by Paparazzi since simply put, there is no trademark in place. Registering your business name in ASIC is not the equivalent of trademarking it, which as you have said, is "in the process".
Anyway, I think that the point of the thread has been made so the mods would be wise in closing this down.
Anyway, I think that the point of the thread has been made so the mods would be wise in closing this down.
Mr Paparazzi
Adelaide's MOJO maker
Exactly my point on the forum, my name was Paparazzi Cards and Collectables. All I added was the comics as my hobby business has taken on comics due to the enjoyment in them. Whether I'm a weekend market stall, or hobbyist has no bearing on you OR DOES it? Quite simply you were being pathetic even contacting me if people cannot recognize the difference between Paparazzi and WhoDat 1) They need their eyesite checked and 2) Completely different set-ups/logo etc as previously mentioned. If your not worried about me taking business away from you then why even contact me? I'm in Adelaide and your in Perth. I have been around longer. Should A1 who has been around longer than you be entitled to use cards and therefore you should drop it from your name??? Sounds like sour grapes to me, but your right I'm just some backyard collector who cares about collecting and hobbyists and your businessman trying to make lots of $$ you even sell to guys who get banned from here and A1 for stealing cards. But hey guess that's just business. You were attacking and trying to say something that your flattered by me copying you and taking your name Cards, Comics and Collectables?? And wanted me to change it. If I had been set-up a week ago and designed my backyard ways around your logo then fair enough but your way off point. People will form their own opinions and I was just asking for theirs.
Mr Paparazzi
Adelaide's MOJO maker
Next I'll owe my name to celebrity photographers around the world and David will owe rights to Louisiana for using their term and the way they spell it.
Stated off simply and in private. You chose to air this in public. Not to mention bringing up crap that has nothing to do with the discussion. Not once have I attacked you or the people you do business with. Same courtesy would be great. As for all the backyard comments yes I am in it to make money, no point having a business if you can't make a profit. But i put a lot back into the community. i work with the indeginous community, sponsor local and natinal sports teams. i give back to help grow sports for those that may not have the opportunity to participate. i give to princess Margaret Hospital for children's research,$ 10,000 last year alone. Donate thousands of comics to encourage kids to read and fill community play rooms. Not once have I questioned your ethic or integrity or value to the community as a whole. I have built a brand ethically and with good intentions and in a correct legal manner. So I have very right to question someone who has a similar trading name to mine. I have bought and paid for my brand, can you say the same?
Mr Paparazzi
Adelaide's MOJO maker
Exactly you have shown your true colours today. Card collectors are not stupid they will form their own opinion. I have donated to our children's hospital, kids and local collectors. Whether it be a donation of $10,000 or $500 that doesn't matter. Your right you have paid for your brand, your likes on your Facebook page, your ways paid for. Your just another big business trying to force/make it tough for guys like me. Case closed I have made my point.
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