"Dirk" is very much still available. He should continue to use his name for his straps. As Cornerstone said, he should also register his Dirk name for his straps.
TC Straps, so far, has done nothing to keep Dirk from making and selling straps with the Dirk name. The TM is a claim of right, not an absolute right.
I don't think the two marks have to be identical - there just has to be a potential for confusion. You think Dirk has a strong argument that there is the potential for confusion in the connection of the mark "TC Dirks" to the goodwill established by Dirk and his straps?
Reading on in WIKI, "unregistered trademark rights may be enforced by way of a lawsuit for passing off, while the exclusive rights which attach to a registered mark can be enforced by way of an action for trademark infringement."
Clicking on 'passing off' in the article: "Passing off is a common law tort which can be used to enforce unregistered trademark rights. Passing off essentially occurs where the reputation of party A is misappropriated by party B, such that party B misrepresents this reputation and damages the goodwill of party A. The law of passing off prevents one person from misrepresenting his or her goods or services as being the goods and services of the plaintiff, and also prevents one person from holding out his or her goods or services as having some association or connection with the plaintiff when this is not true."
Yes, found it. Bastard.
According to Wikipedia, TM is not a registered mark. It is a claim of right in the mark that is couched in use of the mark in commerce. The real Dirk should probably register his "Dirk" name in connection with his straps. He should still be able to, and he has the longer history of use of the name connected with watch straps. I love Wikipedia.
I do . . . I really do . . . I can't believe that I even thought about dumping it to fund a valjoux 72 donor watch. Please verbally lash me if I ever post another MBW or Watchmaster for sale!! Thanks in advance for the lashing.
$25 sent earlier to my man Edge. Btw Edge, thank you very much for the DW Valjoux 72 kit - everything arrived safely and EXACTLY as described. And, thanks for the extras brother.
GO Pistons!!!
Damnit. My brother got sucked into that. He thought he was getting a great deal on an ultimate El 127 for $230. I feel horrible, because I alerted him to the sale and convinced him to buy it because I've dealt with Edge on several purchases. Well, I'm going to sell my 217 to help cover his loss, but this just blows big time. Anyone looking for a 217? I'll be posting later this evening with pics.
Whoa. I hope that's just good humor. There was a wm1665 and el127 posted for sale yesterday by someone using your edgewatches id. The thread was HERE. That wasn't you?
Damnit. How the hell do they do this?
As an aside, i have noticed that EVERYTIME (without exception) I PM someone on these boards with my p-pal ID, I get a suspicious email the same day asking for my password for "security reasons." Perhaps our PM system is compromised.