Would you get Paparazzi and WhoDat confused?

Mr Paparazzi · Mar 20, 2013

Hi guys,

would like some honest input.

Today I received a nice message from Who Dat saying how flattered they were that I would use the name Cards, Comics and Collectables.

That I was taking their goodwill and business away? Yet Paparazzi has been around longer and always had the name Cards and Collectables attached to it.

Would that mean that Who Dat using Carda and Collectables in their name would be using some of my title? Did I ever ask them to change their name.

No I think it's quite stupid like asking one bakery to drop bakery off their name as they are using Balery.

Do you think people would mistake Paparazzi Cards, Comics and Collectables for Who Dat Cards, Comics and Collectables as the same? Completely different names and our logos complelely different?

should I then ask who Dat to change their colours as they were originally Our colours. No I never did or cared as Paparazzi stands on its own.

ooneil · Mar 20, 2013

Well you sell cards, comics and collectables dont you?? You cant call yourself Mr Paparazzi's Hamburgers.

Sounds like sour grapes that your branching out into comics. I mean how could anyone get the Mr Paparazzi and Whodat names confused.

A_Iverson_I · Mar 20, 2013

All sounds fine here mate - nothing confusing at all.

Matty4292 · Mar 20, 2013

I had to read this twice, I wasn't sure I read it right the first time. Turns out I did.

Seems a bit silly to me. Your example is perfect, one Bakery wont ask another Bakery to take "Bakery" out of it's name. They are both Bakeries. Paparazzi & WhoDat are both Cards, Comics & Collectables. Seems stupid to have one drop it off.

Not to mention one is SA based and the other is WA based.

Keep doin' what you're doin' Mr. P!!

drobfan8 · Mar 20, 2013

Mate all's fair IMO.

Pretty petty if you ask me.

I have not bought from either, mainly because I rarely bust boxes, but I see your name around this site 100 times more.

Keep up the good work. I will get a box someday

Pap Mojo hopefully.

kiwi_in_melb · Mar 20, 2013

That is just absurd and sounds very petty.

A bit of healthy competition is to be expected in any bussiness but especially in such a small market like cards & comics etc

keep on doing what you do man!

Quicksilver · Mar 20, 2013

Keep on keeping on!

Cobretti · Mar 20, 2013

To be frank I think most people don't even know you have comics and collectibles in the name lol.

Paparazzi and WhoDat is where people's minds stop when they read the business names.

ozballer23 · Mar 20, 2013

To me there is no confusion! Keep doing what you do bud!

ElkyJnr · Mar 20, 2013

Im with Cobretti on this one...

ive bought from both, but done alot more dealing with you brett as u know and Im with you, thers no reason to change your name as c/c/c isnt registered or tm by anyone..

WoobieZarz · Mar 20, 2013

I thought you were a comic photographer....

BIGDUB · Mar 20, 2013

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!

Rogerbid23 · Mar 20, 2013

Keep it up the good work for the sport cards and comic collecting community!!

Mr Paparazzi · Mar 20, 2013

BIGDUB said:
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!

Thanks mate knew knowing a future star lawyer would come in handy

izy · Mar 20, 2013

I went down to Adelaide on a 4 day road trip with the fam on january .All i had to do was email Brett and a phone call later there was a prizm box waiting for me . I believe the more cards and collectables out there in big down under the greater for all .

Matty4292 · Mar 20, 2013

izy said:
I went down to Adelaide on a 4 day road trip with the fam on january .All i had to do was email Brett and a phone call later there was a prizm box waiting for me . I believe the more cards and collectables out there in big down under the greater for all .

Now that's service!!

Mr Paparazzi · Mar 20, 2013

Yeah as I'm a collector myself I drive all over Adelaide dropping boxes off to help people. I believe in service, MOJO and good prices.

Thanks Izy much appreciated always happy to help out.

aussiemjfreak · Mar 20, 2013

Dude, as Ive already said on facebook, its not worth your time mate! I understand the frustration at getting a message like that, but as has been proven very quickly right here, no one cares and everyone knows Only say that because is there really any other reason to even bring it up...? If Whodat is happy with how his business is going and so on then it shouldnt have even registered on his radar.... Keep on doing what you do Brett, you know a shit load of people support you!

ozballer23 · Mar 20, 2013

I've always found Ken's Kebabs to be a catchy name

Matty4292 · Mar 20, 2013

aussiemjfreak said:
Dude, as Ive already said on facebook, its not worth your time mate! I understand the frustration at getting a message like that, but as has been proven very quickly right here, no one cares and everyone knows Only say that because is there really any other reason to even bring it up...? If Whodat is happy with how his business is going and so on then it shouldnt have even registered on his radar.... Keep on doing what you do Brett, you know a s*** load of people support you!

Exactly!

Would you get Paparazzi and WhoDat confused?

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