New Media Rights recently defended UCAN.org when it was asked to cease and desist from using the term "Ask Hal" for its free Q&A dear abby style auto fraud service. A Florida law firm demanded that UCAN.org cease its use of "Ask Hal," which refers to the website's encouragement to visitors to "Ask Hal a question" about Auto Fraud. In its response to overzealous claims of AskHal.com, New Media Rights points out that extending Ask Hal to cover UCAN.org's service would essentially forbid use of those words in their generic , common (lexicographic) usage sense. In addition, UCAN.org's free, nonprofit public interest Q&A auto fraud service targeted at consumers is not confusingly similar to AskHal.com 's services, which apparently provide expert witness services to specialized clients as opposed to the general public.
AskHal.com's letter as well as UCAN.org's response are attached below.
UPDATE 4-1-2009: This is no April fool's joke, Askhal.com response letter insisting the use of the words "Ask Hal" is trademark infringement.
Contact New Media Rights if you'd like share a similar story about a trademark dispute with a company, New Media Rights may be able to assist you.
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Askhal.com cease and desist letter.pdf | 188.96 KB |
Response Letter to AskHal.com Hal Rosenthal for UCAN.org_.pdf | 194.52 KB |
Askhal.com response to UCAN.org response March 30, 2009.pdf | 102.64 KB |