Author Topic: No more Fat Lady calls  (Read 3335 times)

Offline MarshRat

  • Tutorial Contributor
  • Custom Call Maker
  • *
  • Posts: 237
  • Location: Puxico, MO
  • Marsh Master Custom Calls
    • Marsh Master Custom Calls
Re: No more Fat Lady calls
« Reply #15 on: September 13, 2011, 10:02:50 PM »
I had actually wondered the same thing at one point and time.  Lohman had a call out called "Marsh Master" the name of my calls are Marsh Master Custom Calls.  However, its like Madarchery said they are naming a style and I'm naming a brand.  I don't really worry about it too much because I don't think Lohman is in business anymore.  So you could always have the guy meet you at the turn-a-thon in Jan plenty of people would have your back then, just in case you tire out.  :gun_bandana:  :2guns: In all reality though like I really wouldn't worry too much about it unless your receive some type of legal documention from a lawyer.  Which shouldn't happen because when I contacted an attorney about trademarking Marsh Master Custom Calls I was told to just put it on a call or send myself an email or make an email address with the name and then its considered trademarked.  He was a rookie attorney though and I'm not exactly sure if he had all his facts straight.

Matt
Marsh Master Custom Calls
www.marshmaster.webs.com

Offline Aaron at Wingerts Woodworks

  • Global Mentor & Moderator
  • Custom Call Maker
  • *
  • Posts: 6979
  • Location: Mission, KS
    • Wingert's Woodworks
Re: No more Fat Lady calls
« Reply #16 on: September 13, 2011, 10:40:58 PM »
Crawdad if you weren't sure about how many friends you've got on here, I think you're getting an idea.  The name Fat Lady sure does fit your calls and it always has. 

How did the conversation go?  Was he friendly?  Or confrontational?  Did he say "hi, I'm a fellow callmaker" or was it more like "you SOB..."?  If he was friendly I might think twice about using that name if I were you and he can prove he had it first, but if he was anything less than a gentleman I'd make him spend the money on a cease and desist letter from his attorney to you.  I'm no attorney but I imagine that a cease and desist letter would contain the proof of his ownership of that product name.  Because like Al said, he might not have the resources and might just be a bully.  If any one of us thought for a minute that you chose that name after seeing someone else's calls or thought for a minute that you were trying to piggyback on someone else's gig, we wouldn't be having this conversation and we wouldn't have your back. 

I just have a fundamental problem with calling someone and laying claim to a name because of the odd chance that I might someday decide to produce a call and name it Fat Lady.  I also have a fundamental problem with a callmaker thinking that his cut of the market is so large that he can't possibly allow a guy that makes a few calls to have the same name.  If he were Echo or Rich-N-Tone and you were trying to make it look like you're associated with them, that's another thing.  But this guy ain't either.  Ebay?  Really? 

Worst case.....

FAT GIRL.  Sounds every bit as appealing to me bud.  But younger.   :stuart: 

Offline Crawdad

  • Custom Call Maker
  • ****
  • Posts: 1954
  • Age: 73
  • Location: Greenbrier, Arkansas
Re: No more Fat Lady calls
« Reply #17 on: September 13, 2011, 10:42:50 PM »
Thank's guys, I really appreciate the help.

Offline Aaron at Wingerts Woodworks

  • Global Mentor & Moderator
  • Custom Call Maker
  • *
  • Posts: 6979
  • Location: Mission, KS
    • Wingert's Woodworks
Re: No more Fat Lady calls
« Reply #18 on: September 13, 2011, 10:51:23 PM »
On his facebook site, the maker claims to have over 100 years of callmaking experience.   :huh:  Robert you're only 70 so I think he has you beat.   :rofl:
« Last Edit: September 13, 2011, 11:01:59 PM by theKCtermite »

Offline Jon @ JRwoods

  • THO Recommended Advertiser
  • Custom Call Maker
  • *
  • Posts: 1436
  • Location: Wichita, Kansas
Re: No more Fat Lady calls
« Reply #19 on: September 13, 2011, 10:59:51 PM »
  They want you to stop because they are going to sell a duck call with that name in a year? :huh:
  A friendly request is one thing, a request is polite and intended to avoid confusion when you are both selling lots of calls.  A demand, I'm with Al, id tell them to pound sand until a lawyer makes me stop.
One is a company name, the other is a style of YOUR calls.  Sounds like they are a few years to late in making a duck call.  Show me their "fat lady" duck call from before yours and I would be on their side.  Sorry fellas, crawdad got there first.
Formerly Highlooker.
"It could probably be shown by facts and figures that there is no distinctly native criminal class except congress."~Mark Twain

Offline Nelson Woodworks

  • Custom Call Maker
  • ****
  • Posts: 691
  • Age: 35
  • Location: Baldwin, KS
Re: No more Fat Lady calls
« Reply #20 on: September 13, 2011, 11:03:48 PM »
A letter from a lawyer would only run him about 30 bucks, so what's stopping him from just doing that right off the bat? If he can't afford a lawyer, then how can he afford to sue you? Is his case so airtight that he doesn't need legal counsel before considering how to approach you? Even if he sends you a cease and desist letter he still has to prove that he has the legal right to the name. Does he have a patent on the specific product, detailing it's measurements and how it is function is intrinsicaly different from anything that anyone else has ever come up with? Was he the first person ever to arrange the letters of the alphabet into the specific combination of "Fat Lady"?!!! I really don't think so  :hammer: :hammer: :hammer:
Formerly known as Goosedown1

Offline MarshRat

  • Tutorial Contributor
  • Custom Call Maker
  • *
  • Posts: 237
  • Location: Puxico, MO
  • Marsh Master Custom Calls
    • Marsh Master Custom Calls
Re: No more Fat Lady calls
« Reply #21 on: September 13, 2011, 11:06:15 PM »
From what I could find on his facebook page he only makes turkey calls, not duck calls. If your not naming your turkey calls fat lady then I think your good brotha. It would be like me making a turkey call and naming it daisy cutter or the boss and calling up RNT or ECHO asking them to stop. Pound sand  :hammer:
Marsh Master Custom Calls
www.marshmaster.webs.com

Offline crookedneck

  • Tutorial Contributor
  • Custom Call Maker
  • *
  • Posts: 384
  • Age: 39
  • Location: Peshtigo, WI
    • Cross Knives
Re: No more Fat Lady calls
« Reply #22 on: September 14, 2011, 12:33:05 AM »
 They want you to stop because they are going to sell a duck call with that name in a year? :huh:

Exactly what I was thinking too!!!!!  That is kinda like me telling every one to stop playing the lottery cause I'm gonna win it when it gets to $300,000,000

I say next time they call ask them if they have ever heard a Fat lady sing.  Then grab one of yer "Fat Lady" Duck calls and let er rip right into the phone and then laugh yourself to sleep.   :hysterical:  :rofl:

Offline VECtor Calls

  • Global Mentor & Moderator
  • Custom Call Maker
  • *
  • Posts: 10172
  • Location: Whitetail Country
  • VECtor Custom Calls
    • VECtor Custom Calls
Re: No more Fat Lady calls
« Reply #23 on: September 14, 2011, 12:54:47 AM »
I'm sure interested to hear more of this phone conversation Bubba.

You've sure been given some great thoughts here in this thread. 

I'd collect your thoughts from the information in this thread, and give the feller a call back.   :rockon:  If you take the phone conversation that YOU were a part of, and the information here, and think you were handed a load of crap, hand it back to him.  I DO NOT want to see you back down on this.  You're making a heck of a cool product, with the right name for it. 

Please PM me, or call me to talk about this more before you make a decision that you don't feel comfortable with. 

Parker
Pass on the tradition. A candle loses nothing by lighting another candle.

VECtor Custom Calls
Deer Grunt Calls Turkey Calls and Other Custom Game Calls

Offline Andre's Wood Works aka: TheDecoyDude

  • Custom Call Maker
  • ****
  • Posts: 1029
  • Age: 19
  • Location: Cut Off, Louisiana
Re: No more Fat Lady calls
« Reply #24 on: September 14, 2011, 01:24:03 AM »
Tough crab cakes crawdad! :down1: It's hard to see that call makers can be their own enemy and destructor sometimes. When it comes to decoys, it seems even worse, people getting mad at each other over chicken scratch. You've got some good support here, keep doing what you do.~Andre   :bigup:

Offline Crawdad

  • Custom Call Maker
  • ****
  • Posts: 1954
  • Age: 73
  • Location: Greenbrier, Arkansas
Re: No more Fat Lady calls
« Reply #25 on: September 14, 2011, 07:41:56 AM »
Guy's I am overwhelmed by all of your support & I thank you all from the bottom of my heart for being such great friends. After hearing your thoughts, I believe I have a right to the name, also in the info here, I see he wasn't awarded the trade mark until Dec 2009, Well I had cancer and started making fat lady calls before then. The guy that called me was rather nice & I wanted to do what was right & I told him that, but after seeing the trade mark date I think I have changed my mind. Thanks again fellows

Offline Al_at_THO Game Calls

  • Owner, THO Game Calls Forums & Store
  • Administrator
  • Custom Call Maker
  • *
  • Posts: 7553
Re: No more Fat Lady calls
« Reply #26 on: September 14, 2011, 03:12:38 PM »
Crawdad, it's like this.

We have a pretty good sized web site here.   Between the main THO site, the forums, and the store, we get well over 2 million hits per month.

So if they want to make an issue out of you using that name, we'll just publish their letters or e mails and how they are whooping up on us little guys on the main web site, the store site, and I'll make a banner that will link to the story on the main site from the forums.  

So the choice is this.   Let a little guy who lives a 1000 or more miles from you continue to use a name he has been using for years and maybe lose 2 or 3 sales a year because of it, or, make an issue out of it we'll do our best to see you lose a 1000 sales a year because guys get to read what a schmuck you are.  

And that is not a bluff.  Ask Larry at Prairie Game Calls.   When the crook from Vermont threatened to copy Larry's pot call dimensions and mold his own call line off of them, we posted that on the main site for a good 6 months.   His e mails everything.   I don't have a problem doing it again.  

I really don't like bullies.    Or Knight and Hale but that's another story  :hysterical:

Al @ THO

« Last Edit: September 14, 2011, 03:17:02 PM by Al_at_THO »

Offline Crawdad

  • Custom Call Maker
  • ****
  • Posts: 1954
  • Age: 73
  • Location: Greenbrier, Arkansas
Re: No more Fat Lady calls
« Reply #27 on: September 14, 2011, 04:28:55 PM »
Thanks Al, I think after talking to you guys, I'm going to keep on keeping on with the name until I get something from a lawyer. I really appreciate all your help.

Offline VECtor Calls

  • Global Mentor & Moderator
  • Custom Call Maker
  • *
  • Posts: 10172
  • Location: Whitetail Country
  • VECtor Custom Calls
    • VECtor Custom Calls
Re: No more Fat Lady calls
« Reply #28 on: September 14, 2011, 04:40:10 PM »
Are you gonna call him back, or just keep keepin' on?

Parker
Pass on the tradition. A candle loses nothing by lighting another candle.

VECtor Custom Calls
Deer Grunt Calls Turkey Calls and Other Custom Game Calls

Offline dedduck

  • Custom Call Maker
  • ****
  • Posts: 149
  • Age: 26
  • Location: Central New Jersey
Re: No more Fat Lady calls
« Reply #29 on: September 14, 2011, 05:18:30 PM »
Thanks Al, I think after talking to you guys, I'm going to keep on keeping on with the name until I get something from a lawyer. I really appreciate all your help.

I think this is the best way to do it, ESPECIALLY since they arent even making duck calls yet.  Keep up the good work!!