Replies to post #89525 on Rapid Fire Marketing Inc. (fka RFMK)

[LivinLarge8]

Thc scientific will never "trademark" the cannacig ever nor ever have the rights to the name ever. This conversation about the trademark is over

[LivinLarge8]

While that’s a good start, it’s not entirely complete. And the reason being, is that the United States follows the first to use rule under trademark law. What that means is that the first entity to make a valid use in commerce of the particular mark is the one that has rights. This is because under common law, as opposed to statutory law, the first to use is the one that gets the rights to use it moving forward, even if they do not pursue a trademark registration. This doesn’t mean that one should avoid getting a trademark registered with the USPTO. But what it does mean is that if you determine that someone has applied for or registered a trademark with the USPTO, and you believe you were the first to use it, you may have actions that you can take to further establish your rights. You might be able to file what’s known as a cancellation proceeding in front of the TTAB or you may jump right to litigation.

[lazyazzdaddy]

But lazyazzdaddy, consider this, THC might just want to force RFMK to take them to court, there are a couple of possible reasons why, and most of them are not good for RFMK, and also consider this, for common law trademarks, the plantif has to prove actual damages and intent, pretty hard and expensive thing to do actually, thats why businesses operated by competent management actually go the extra step and file with the USPTO, no actual damages have to be proven for Trademark, Copyright, or Patent infringement, the remedies are all statutory.

I have considered everything here, Thank You. Again, I think you are forgetting how easy this will be for RFMK to prove intent..even if there were no monetary damages.. THC can and will be forced to cover the attorney fees..

I think maybe THC Scientific forgot that they slandered RFMK and the Cannacig on a another public forum (I actually saved screen shots of the whole thing) they also never once made any claim to the name Cannacig.. shouldn't be too hard to prove they knowingly attempted to trademark Cannacig even though it was already in use.

I prefer to stick to facts Conspiracy theories are for movies IMO