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Author
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Topic: Can't use 'Miracle Grow' as a deck name?
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Leshrac
Founder
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posted January 03, 2003 05:29 PM
       
I received an interesting "cease and desist" letter today regarding the use of "Miracle Grow" as a deck name. Though the claim is rediculous and clearly a misunderstanding, I thought I'd post the letter for everyone's amusement.quote:
ABELMAN, FRAYNE & SCHWAB
Attorneys at Law
150 East 42nd Street
New York, New York 10017-5612
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Telephone: (212) 949-9022
Facsimile: (212) 949-9190
e-mail@lawabel.comDecember 13, 2002
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED Magic Online Trading League
P.O. Box 972
Berkeley, CA 94701-0972 WITHOUT PREJUDICE
FOR SETTLEMENT PURPOSES ONLY Re:
OMS Investments, Inc.
Trademark MIRACLE-GRO
Our ref.: 211594 Dear Sir or Madam: We represent OMS Investments, Inc., owner of the registered trademark MIRACLE-GRO. Our client's mark has been in use since 1951, and as a result of this half a century of use, MIRACLE-GRO is a famous trademark. It has come to our attention that your company is using MIRACLE GROW in connection with a deck of trading cards. The references are attached for your easy reference. The use of MIRACLE GROW, which is phonetically, verbally and connotatively identical to MIRACLE-GRO not only constitutes an infringement of our client's registered mark, but also serves to dilute the strength of the mark. Accordingly, we request that you immediately cease all use of MIRACLE-GROW on any brochures, advertisements, and in any other way, including prompt removal of all references from your website. We look forward to hearing from you within two weeks of the mailing date of this letter, failing which we will advise our client of all of their remedies. Sincerely,
Julie B. Seyler
Included with the letter was a copy of the following post: http://classic.magictraders.com/ubb/Forum9/HTML/014639.htmlWhile I'm not worried about dealing with this (as it's completely absurd), I just though it'd be interesting to see what everyone had to say on the subject. So, post away. 
__________________
Leshrac
leshrac@magictraders.com
Founder, Owner - Magic Online Trading League (MOTL)
"Working hard, so you don't have to..."
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Shadow88
Member
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posted January 03, 2003 05:33 PM
A) You just received that when the post in question was almost a year old?B) Who cares? __________________
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Tha Gunslinga
Moderator
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posted January 03, 2003 05:41 PM
 
Damn, pretty scary. Isn't there a disclaimer on the site somewhere that explains that whatever is posted here is only the poster's responsibility?Besides, I'd think they'd appreciate the free advertising. 
__________________
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Mr. Ruboonia
Member
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posted January 03, 2003 05:52 PM
That's pretty funny. Did you just get that today? __________________
~Team Showercap~Currently under construction, but check it out anyway! www.ruboonia.tk Ruboonia's brand new AIM handle - g0nadzintherain Apple, nipple, hungry...
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Tha Gunslinga
Moderator
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posted January 03, 2003 06:13 PM
quote:
Originally posted by Mr. Ruboonia:
That's pretty funny. Did you just get that today?
quote:
Originally posted by Leshrac:
I received an interesting "cease and desist" letter today
I like this smiley!
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NukeMoose
Member
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posted January 03, 2003 06:14 PM
Agreed, it is completely absurd. I think it would have taken them less time to figure out why it's ridiculous than to print that out and send it to you.__________________
"Okay, why don't I just shoot myself in the groin and call it a day?" -Me
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georgecpop
Member
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posted January 03, 2003 06:20 PM
No one said lawyers were smart. Also, even if their name is copyrighted, still it's not like we're selling anything here and if we were i'm sure they're not in the Magic business. It's ridiculous, unless they think you know what they put in their "miracle-gro" and it's not green cards. __________________
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hyghdos
Member
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posted January 03, 2003 06:36 PM
That's just unbelievable ! I wonder if they figure how stupid they look right now ! Simply insane ! LOL
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Mr. Ruboonia
Member
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posted January 03, 2003 06:37 PM
quote:
Originally posted by Tha Gunslinga:
I'm sorry I don't read as close as you do. Jeez, don't be so picky. __________________
~Team Showercap~Currently under construction, but check it out anyway! www.ruboonia.tk Ruboonia's brand new AIM handle - g0nadzintherain Apple, nipple, hungry...
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GoingPostal
Member
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posted January 03, 2003 06:57 PM
We should flood their e-mail box with spam. That is just ridiculous. It's no wonder the general public really can't stand lawyers.__________________
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inca911
Administrator
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posted January 03, 2003 07:10 PM
Dear Leshrac,
The clear and present threat of an imminent lawsuit and subsequent significant monetary damages has unfortunately led me to decide to resign from the board.Actually, nevermind....  __________________
Wanted--Finder's Fee Offered!
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4. Other Rarities: Albinos, Garfield Birth Cards, Textless cards, etc
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EdMan218
Member
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posted January 03, 2003 07:17 PM
Erm...wouldn't we have some trouble with "Fruity Pebbles" as well? What about "The Rock"?__________________
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Tad
Banned
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posted January 03, 2003 08:22 PM
lol and trix hmmm what about full english breakfast heh..machine head...the list goes on I'm sure. __________________
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BEEFED
Member
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posted January 03, 2003 08:36 PM
quote:
Originally posted by Tad:
lol and trix hmmm what about full english breakfast heh..machine head...the list goes on I'm sure.
So would it be the street ho's doing the lawsuit or the cereal?? BEEFED In charge of the street ho's lawsuit.
Going to get trix's TM. Now with the internet my ho's will be turning me more trix's money than ever on the street.
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magic_crazy
Member
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posted January 03, 2003 08:45 PM
Great! Just after I put my TnT deck together, some dynamite company is gonna come in and screw it all up!  __________________
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StriderHry
Member
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posted January 03, 2003 08:54 PM
Actually the deck is called Miracle Gro, so they got nothing on you.One W makes a difference...? __________________
ALWAYS ALWAYS ALWAYS WANT MORE MORPHLINGSNumber of People Schooled By Me Morphligns in Magic: 48 " You better get ready to bust out your birth certificate, cause I'm about to show you who your real daddy is." Master of Draw-Go and all blue control variants.
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MTGMastermind2002
Banned
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posted January 03, 2003 09:14 PM
Apparently, too many people were going to card shops to find ways to make their shrubs grow better. __________________
Poop spelled backwards is still poop :)
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Preacher
Member
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posted January 03, 2003 09:41 PM
Copyright is theft__________________
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"An eye for an eye makes the whole world blind."Gandhi was a wise man
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eclinchy
Member
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posted January 03, 2003 09:51 PM
I'm not even gonna waste my time thinking up a witty response to this. A smiley is all that's needed here.__________________
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inca911
Administrator
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posted January 03, 2003 10:12 PM
Actually, this is about trademarks, not copyrights. The two are very different.The key to any trademark infringement case is the likelihood of confusion in the mind of a buyer. The closer the products are, the more likely there is cause for legal concern. I haven't seen many people spreading Magic cards on their roses! However, there is also the issue of *dilution* of the trademark. Use of the trademark on various products not affiliated with the trademarked product lessens the potency of the name. This is the point the letter is trying to make. The application of this trademark dilution to the deck named by Alan Comer and publicly recognized by WotC as "Miracle-Gro" may have some bizarre legal merit. However, public discussion of the deck on MOTL isn't where any court would waste their time. Maybe I should call WotC legal with a warning as well?: http://www.wizards.com/sideboard/article.asp?x=GPHOU02%5C798miraclegro __________________
Wanted--Finder's Fee Offered!
*************************
1. Prerelease Fungal Shambler without date stamp
2. CE/Beta Artist Proofs (esp. Timetwister, Stasis)
3. Certain Mint Summer Magic Rares (ask for list)
4. Other Rarities: Albinos, Garfield Birth Cards, Textless cards, etc
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TunaBoo
Banned
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posted January 03, 2003 10:58 PM
Hum, tempted to post on judges mailing list 
Well, this is stupid as crap. But as usual, the big companies can get their way. Does Leshrac want to invest $10,000 in a court fight? I would just delete all the offending posts, and do the thing like you do to essentialmajik, so that is just goes poof if you post it (By the way, could someone explain this one to me?) I think dropping WoTC legal a letter would be a good idea.
__________________
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DarkWaters
Member
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posted January 03, 2003 11:09 PM
I'm playing Miracle Grow tomorrow! Wait, I can't. Looks like i'll have to play Divinely-Inspired Growth. Might there be some confusion, the lawyers thinking that it's a name for a pack of regular playing cards? __________________
I am the flood, the tide that will not be stemmed
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potm
Member
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posted January 04, 2003 12:55 AM
What the hell are they wimpering about ? since when are mouth-to-mouth commercials a bad thing? What harm would it do if there's accidentally a pack of cards being carried around which wears the name 'miracle-gro' ? and besides, it's merely a nickname. It would be exactly the same if I had a, say, car, and nickname it -waves wildly- Nike. Just nickname it, no painting, no nothing. Only written reference I have to it is on COTL, Cars Online Trading League, on which I have a picture of my car where I state I nickname it Nike, to the Greek god.
I don't have to fear to get busted over infringement of registered mark, so I miss the point of hiring some expensive lawyer for some stupid stupid situation. oh well. I'd mail them back Leshrac, you shouldn't mess with real people like lawyers. or you can ban their IP so they can't check your website out -shrug- __________________
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meowmix2.0
Member
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posted January 04, 2003 01:17 AM
Why do people over react like this? They spent more money on the lawyer alone, and the bandwith they used just to send the email then the Loss of Cash ((If any)) That occured from their logo being advetised to millions of people. I wouldn't be complaining.Just my 2 cents.
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The Decan
Member
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posted January 04, 2003 01:24 AM
I guess those Legal Freaks don't understand that it's only a nickname for our amusement and reference. It's not like anyone's printing Pr-Cons of "Miracle Gro". You can't buy anything in a Card shop with the name "Miracle Gro" on it. If I name my dog Zeus, Is he gonna get struck by lightning or dragged into court by the King of the Gods? I think not. What if I named him Nike, Will Nike have a problem with that? All they have to understand is that it's just a nickname. It's not carved in stone and it won't effect their buisness.
[Edited 3 times, lastly by The Decan on January 04, 2003]
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