Can you trademark a generic name such as Vapor Lounge?
Apparently there is an Attorney and his client e-mailing e liquid and e cigarette people telling them they can’t use the term Vapor Lounge – because they’ve trademarked it.
I guess I can’t use the term closet, or paper bag then, just in case somebody has taken it into their head to trade mark those words. They are after all concrete objects, and these are the names/words that are applied to said concrete objects. The same way we apply the words Vapor Lounge to Vapor Lounges.
Vapor Lounges are where you go to vape. Like you go to a Bar to have a drink, a restaurant to eat.
I think I might just do that actually, trademark the word closet and then fire off a letter to you every time you use the terminology ‘closet’, or talk about going to the closet, and don’t you dare to even write about it on Facebook!
Now the details on this are still a tad hazy, and admittedly we only have this second hand from a forwarded e-mail. But just think about this?
It reminds me of a man in Spain that bought all the rights to all the e cigarettes in Spain, so no one could buy and sell an e cig without his permission and paying him a fee.
Guess what’s happened to the e cig market in Spain? Thanks to ridiculous scare mongering and probably greedy man, 800’000 vapers has gone down to 200’000. I don’t think greedy man will be seeing much of a return on his investment.
But Vapor lounge – there, said it, and I’m going to say it again – but this time louder
Totally Wicked, (that’s us), we opened up our first Vapor Lounge way back in 2009. We now have several Vapor Lounges that are a great place to meet, relax, vape, buy some new gear and have a generally good time. You can find out where they are here.
But this person has written to a blogger and e-liquid businesswoman via his Attorney, and has asked said blogger and business owner to remove all use of the generic term ‘Vapor Lounge’ from their titles, URLS and keywords.
But Perhaps Mr Vapor Lounge hasn’t really thought this all the way through? His ‘trademark’ allows him to use the term for an online store and promotional items such as T-shirts. It apparently doesn’t mean we can’t talk about Vapor Lounges in their generic term, especially as we have several of them.
But his Attorney disagrees.
His Attorney doesn’t think we should be mentioning Vapor Lounges at all, as they don’t want to perpetuate ‘confusion’.
Well they’ve already done it – because I’m confused. A Vapor Lounge is a place you can go to, as I have already said. Everybody knows this, everybody uses the vernacular, and say Vape lounge or Vapor Lounge and we all know what you mean.
Nobody is confused by that terminology.
Which brings us back to the first question.
Can one person buy this generic term and ban everybody else from using it – even if they (we) used it way before he did – and it is a generic term, like closet?
Why did this person trade mark a generic name and not expect to have to spend thousands of dollars defending this?
All his profits will go to his Attorney, who must have seen him coming.
Good luck to him on this one, we have several Vapor Lounges, and I don’t think we’ll be changing the name of them anytime soon, so one last time – VAPOR LOUNGE!
P.S managed to get the term Vapor Lounge in at least 14 times there.