Got a little problem on my hands...

[Jimmy Up]

So I throw "Jimmy Up" into google now and again just to see where the name has popped up and about 5 minutes ago, I get this...

NEW! Buy, Use, Or Lose. Jimmy Up T-Shirt -Size 2XL -Red - eBay (item 280340909716 end time May-31-09 22:46:54 PDT) (http://cgi.ebay.com/NEW!-Buy,-Use,-Or-Lose.-Jimmy-Up-T-Shirt--Size-2XL--Red_W0QQitemZ280340909716QQcmdZViewItemQQimsxZ2009 0502?IMSfp=TL090502115001r1929)

Now, I have the logo/ name trademarked. Their's is dead...


http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4004:ktb5d7.1.1

Type in jimmy up


Whoever this person is, they are only about an hour drive from me... Just need some input if any of you guys know what my options here are.

Im thinking
1) Send them an email with the trademark link and tell them to stop or I will see them in court...
2) Drive up there and handle it face to face. (not implying any sort of fighting or anything)

[DreamN]

lol it's a funny shirt though. I say send them a quick e-mail and see what can be worked out.

[I10cruiser]

you have to do in business matter. . .email then face to face and if theyre hardasses then take like 20 of us . . .everyone is down for caravans!!!!:P

[LongGrain]

I would send them a bomb


or anthrax

[mrflip69]

They're only using it for 1 shirt, and it looks like a 1 off, not mass produced. It doesn't even look like it's their logo--they're probably using the term "jimmy up" as a keyword.

You should probably just let it go... it'd be like Donald Trump suing over "You're Fired" or Paris Hilton and "That's Hot".

You could probably get ebay to pull the listing though if it bothers you that much, since you're technically in the right.

[Avante]

mike...

i offer my services.

$5,000 per head.

you know.

to make them disappear.

just, give me a call.

travel expenses will be covered.

[Jimmy Up]

Lol- I dont think I will need your services buddy, but the thought is beautiful. Thank you

[aziankingz]

mike...

i offer my services.

$5,000 per head.

you know.

to make them disappear.

just, give me a call.

travel expenses will be covered.

5,000 - does that include cops?

[Flipzide]

maybe the term "jimmy up" for that shirt isn't the actual brand. it seems more like the title of the shirt. like how you name your shirts and all. i doubt he's trying to purposely use the name.

[DALAZ_68]

handle it like a business man...Youve come to far to let something like this get u in trouble


good luck mikes...

[ESmorz]

Cease and Desist letter if it is for a company name. If it is just the shirt name, who cares?

[ThatGuy]

Define: "Jimmy up" - To put a condom on.

The shirt is about wearing condoms. He isn't ripping you off, he's using a fairly common slang term to sell shirts. He's not claiming to be you, or trying to sell things from your business, he's just using a phrase.

If you contact him, he will likely just laugh you off.

[LongGrain]

yea thats why you send him a bomb. no laughing will ensue

[Jimmy Up]

lol at the bomb- Well, the name of the shirt is buy, use or lose. The Jimmy Up! is the dead trademark

[S14DB]

They look to be a reseller not the company producing the shirts. Based on their other auctions and the shirt says Las Vegas on it and they are in Riverside, CA.

The probably bought them at closeout from some failed LV gift shop.

I would contact them and ask from who did they buy the shirts. Probably some closeout distributor. Then just keep going up the food chain till you find the company that is printing them. Once you find the company responsible then start sending out Cease and Desist letters. Go to hard on this reseller off the bat and they might clam up and you will never know who is printing these.

[Jimmy Up]

That is exactly what I will do.

Thank you sir.

Locking it up.