Rutt-Rooooooo!!!

NoGvmnt

Can you say Trademark infringment?

"Beautiful 2005 "First Strike" American Silver Eagles."


"IMPORTANT INFO- "First Strike" Is Now A Registered Trademark Of PCGS/Collectors Universe And Can NOT
Be Used To Describe A Non PCGS 2005 Gold, Silver Or Platinum Eagle."


Jim

TommyType

I ain't no lawyer, and I don't play one on TV....

But I have a feeling that would be a tough trademark to defend. The term has been used for years, so it seems to me that all you'd have to do is find ONE instance in 2004 or earlier where it was used!

That being said....I wouldn't want to expend the lawyer fees to test my amateur theory.

nwcs

A trademark isn't just the text, though. But also the representation. This one doesn't really impenge, in my opinion.

KurtHorn

<< <i>I ain't no lawyer, and I don't play one on TV.... But I have a feeling that would be a tough trademark to defend. The term has been used for years, so it seems to me that all you'd have to do is find ONE instance in 2004 or earlier where it was used! That being said....I wouldn't want to expend the lawyer fees to test my amateur theory. >>

K6AZ

I agree, good luck on trying to use copyright infringement on that.

Conder101

A Trademark provides protection from the point of the issuance forward. Unlike a patent it does not mean that it didn't exist before that time. So just because the term First Strike was used before PCGS trademarked doesn't mean they can't restrict others from using it now or recovering damages from infringements.

K6AZ

Conder, they'll never be able to enforce that trademark as it relates to just using the term "first strike". Bank on it.

Conder101

Enforcing "first stike" no definitely not, enforcing "First Strike" (note the capitalization) possibly (but I doubt they will really try). The first instance is not trademarked the second one is.

K6AZ

I've been involved in several of these types of cases Conder. Either way, they are going to have a very hard time with it. First strike is a description of a mint process, regardless if it is capitalized or not.

Conder101

I agre that a first strike is the first piece struck by the mint, but a First Strike is a specially marked PCGS slab containing a silver eagle encapsulated in January of that year. Again a very specific item. So if you advertise something as a First Strike and it isn't one of the special PCGS slabs then it might be actionable. If you say it is a first strike then it isn't. For the same reason that a merchant selling roasted coal can't get in trouble for advertising coke. If he called it Coke, he'd one be stupid, and two have the Coca-Cola company down on him very quickly.

As I said though, I don't think PCGS will bother trying to enforce the trademark.

MORGANHUNTER2

For the same reason that a merchant selling roasted coal can't get in trouble for advertising Coke. If he called it Coke, he'd one be stupid, and two have the Coca-Cola company down on him very quickly.

conder- first things first- roated coal is coke- wether you capitalize the C or not- if you claima n item as being Coke which for many years was just a shortened version of the name coca cola- then you still would not be infringeing on the trademark- the word coke was not TM'd, Coca Cola was.

Back in the 70's a famous auto maker came out with a very fast production model vehicle and they called it the Judge. The unfortunate part was- the name the judge was trademarked by a little unknown hot rod shop on the south side of Chicago(White's Pit Stop)- well he sued the big automaker- and made a small fortune- why? Because he had his 33 Willy's hot rod named the Judge- TM'd way prior to the big auto guy-and proved it up in court. Hence the infamous Judge GTO had a name change- and it was gone forever.

PCGS can TM the name First Strike- but the fact of the matter is - the coins will need to be authenticated as the very fisrt strikes coming from the mint.