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  1. #1
    BS Detector, Esquire 10,000 PLUS POSTER Tony Shelton's Avatar
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    To Guy Blackmon et al regarding trademarks and honesty

    Guy, I didn't get to respond to you about being honest before the "wordmark" thread was closed.

    I haven't looked up the law lately, but when we were partners in a business before that had patented products, trademarks and wordmarks our attorney told us that we could claim ownership as soon as we started using it and could do so until a) someone disputes formally or b)we are approved for the mark. We had a new, untried concept and believe me we had to spend a lot of time with the lawyer, not only defending what was ours, but defending ourselves when we accidentally stumbled on to someone else's property and used it.

    The law in this is kindof like having a fiance and saying "get away from her, she's mine!" Well, she's not technically yours because you aren't married yet, but the statement is still true because you've started the process to make her yours - and by rights, she's yours.

    I didn't want to put that out there before he responded because if the person in question didn't know it, then they just flat lied. But if they did know it, Guy, it wasn't a lie. It may have been a poorly thought out legal move that may have not been necessary, but it wasn't a lie.

    After he responded it was apparent that he knew it. Nobody else did but me, so that tells me that he probably has his ducks in a row pretty well.

    I know nothing about roof cleaning or those chems or those kinds of pumps, but I can do pretty well determining if someone knows what they are doing in this particular department.

    I'm not taking up for him in any way. I'm just saying the charge of lying is probably inappropriate.
    Sonitx 845 S. Kenny Way Las Vegas, NV 89107 702-358-7477 Air Filter Service - Coil Cleaning - 2 month Payback


  2. #2
    2000 PLUS POSTER Squirtgun's Avatar
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    OK so he didn't lie

    Does it make it right morally or ethically? Especially since knowing the term has been/is widely used in the industry and has been for many years.It's another kick in the face to our industry based on greed and selfishness.
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  3. #3
    BS Detector, Esquire 10,000 PLUS POSTER Tony Shelton's Avatar
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    Scott my brother, I'm with you 100% on that. I don't think it would stand up to a court challenge and THAT's why I just think it was a mistake. (that and the fact that wordmarking a word that is so common in the industry doesn't seem to be the friendly way to do business)

    Maybe we can all learn from something like this so we don't make mistakes like that in the future.

    I mentioned the business we used to be partners in. The guy who started it was a great guy. He was a very close friend. (dead now). But he and I butted heads as you can imagine because he was all about lawyering up for everything. In the end he lost everything because of that lawyer.

    We probably need to discuss trademarks on the forum. And we might do well to talk about how to deal with legal problems when they come up. Right now the big thing is copying website stuff. Does anyone know of any clearinghouse that takes on issues like that inexpensively and effectively?
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  4. #4
    Member Junior Undergraduate apsurfacesolutions's Avatar
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    In one of these bulls$$t post that does nothing for our industry. AC actually replied he has trade marked SoftWash spelt with a capital S and a Capital W not softwash not soft wash not soft washing.I know most people like to bash him. But he must be a marketing genius as he has not really had to do much of anything to get SoftWash mentioned about 500 times on bbs in the past week. Just think of how the search engine crawlers are looking at this.
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  5. #5
    Member Junior Undergraduate Don M.'s Avatar
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    Where's Gene Simmons when you need him?

  6. #6
    Commercial Pressure Wash Expert Power Wash & SoftWash Specialist Former PWI Administrator 15000 PLUS POSTER Russ Spence's Avatar
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  7. #7
    Member Graduate Student TheCleaningDoc's Avatar
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    Right now the big thing is copying website stuff. Does anyone know of any clearinghouse that takes on issues like that inexpensively and effectively?
    Tony that is simply a matter of filing a DCMA claim to the hosting company and that will force them to change it or the hosting company will shut it down. Unless of course you host offshore with no reciprical agreements.
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  8. #8
    Exterior Restoration Specialist 21000 PLUS POSTER Ron Musgraves's Avatar
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    Quote Originally Posted by apsurfacesolutions View Post
    In one of these bulls$$t post that does nothing for our industry. AC actually replied he has trade marked SoftWash spelt with a capital S and a Capital W not softwash not soft wash not soft washing.I know most people like to bash him. But he must be a marketing genius as he has not really had to do much of anything to get SoftWash mentioned about 500 times on bbs in the past week. Just think of how the search engine crawlers are looking at this.
    This is the only searchable Softwash thread , it was started 2007.

    I think all the threads about this subject are dead to search engine


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  9. #9
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    You get a pump and squirt chems on a surface ! Tender wash or Sensitive washing could be used in this manly profession of softwashers ?


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  10. #10
    Commercial Pressure Wash Expert Power Wash & SoftWash Specialist Former PWI Administrator 15000 PLUS POSTER Russ Spence's Avatar
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    we could just say this is "sprayshitalloveryourhouseandhopeitdontkillnuthing wash" of course I already had my attourney ask his mothers cousins friend to word mark it!

  11. #11
    BS Detector, Esquire 10,000 PLUS POSTER Tony Shelton's Avatar
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    I think Guy was upset because his boots got wet again.

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  12. #12
    BS Detector, Esquire 10,000 PLUS POSTER Tony Shelton's Avatar
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    Are you offering certifications in that Russ?

    Sent from my DROIDX using Tapatalk
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  13. #13
    Member Graduate Student Clear Shine's Avatar
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    Tony, I know what you are trying to say, but that's not what AC said, he said "I HAVE" not "I have applied for"....that is a big difference. He flat out lied....you can sugar coat it however you want, buy saying "he mispoke" or whatever, but at the end of the day, he lied.....

  14. #14
    Residential and Commercial Pressure Washing Specialist and International Word Mark Expert! Honorary Professor Mark 8262's Avatar
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    Quote Originally Posted by Tony Shelton View Post
    Are you offering certifications in that Russ?

    Sent from my DROIDX using Tapatalk
    I have worked with Russ several times. I am now in his advance class

  15. #15
    Commercial Pressure Wash Expert Power Wash & SoftWash Specialist Former PWI Administrator 15000 PLUS POSTER Russ Spence's Avatar
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    Quote Originally Posted by Mark 8262 View Post
    I have worked with Russ several times. I am now in his advance class


    shhhhhhhhh, some of the SoftWash expoerts may get jealous

  16. #16
    Exterior Restoration Specialist 21000 PLUS POSTER Ron Musgraves's Avatar
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    Quote Originally Posted by TheCleaningDoc View Post
    Tony that is simply a matter of filing a DCMA claim to the hosting company and that will force them to change it or the hosting company will shut it down. Unless of course you host offshore with no reciprical agreements.
    Pat , have you had to use it ever?


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  17. #17
    Exterior Restoration Specialist 21000 PLUS POSTER Ron Musgraves's Avatar
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    Quote Originally Posted by Russ Spence View Post
    shhhhhhhhh, some of the SoftWash expoerts may get jealous
    Since your spelling is likely worse than mine can you get miss spelled words marked?


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  18. #18
    Member 2000 PLUS POSTER Guy Blackmon's Avatar
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    Quote Originally Posted by Tony Shelton View Post
    I think Guy was upset because his boots got wet again.




    No problem Tony, I never called AC a Liar, as a matter of fact I gave him the benefit of the doubt and sort of took up for him here and at PT State. He's protecting his "Branding" I get that, it's business. I wouldn't think someone of his class, caliber and professionalism would out & out lie in a PM or on a public forum. I'm glad AC finally took time to explain his position.

    I'm glad you explained this to me Tony. I'm just a dumb ole country boy, I'm not schooled as you and many others are in the big city legal "Mumbo Jumbo". I see things in "Black & White", "Is Or Ain't", "Right Or Wrong". Guess I'm gonna have to re-think the way I think.

    Anywho, glad this chapter of "As The Wand Turns" is over, we will now return you to your regularly scheduled Lives. Live Long And Prosper.....Just Don't Pizz In My Boot And Tell Me It's Raining.

  19. #19
    WCR Sales & Founder PWRA 2500 PLUS POSTER Thad's Avatar
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    Well, he lied about Micah using the phrase "SoftWash Systems" in the ad and that was what supposedly set him off but I guess that's irrelevant at this point. Glad it's settled.

  20. #20
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