musicbrick.com

If you’ve no idea what this is about, and you want to know more please click here, otherwise this is a diary of my attempts to stop a multi million pound American company from opposing my trademark and taking my website name. Just received an email from my solicitor explaining that Fisher and Richardson PC acting on behalf of an American company Coupon Inc have opposed my trademark application on the grounds of what only they seem to understand.   

Clothes off!
Calendar time… When the second letter confirming their opposition arrived, we had friends around at the house. I was a bit more gutted than normal because the letter landed on my birthday. Lol. I explained what had happened and their response was instant… What can we do to help? Within an hour they had twelve names that were prepared to make a ‘Calendar Girls’ style stand in support of musicbrick.com, nothing tacky (one of them is my mum) but definitely focused towards music. Four prepared to fly over from the UK, the other seven our friends and one my mum … Dates and times for an action plan have been arranged for next week. So watch this space and I’ll let you know more. Seriously though, I’m honoured and humbled to think our friends would be prepared to support musicbrick.com in this way.

Thinking about choosing 12 musicbricks then finding the different album covers and 'squeezing' one of our vlounteers in there… One of the girls asked if she can be digitally enhanced to be a size 10. (not me mum)

Any ideas for good album covers let me know...

I’ve got to speak with the solicitor this week to find out what the options are… The last letter I sent cost £300 through the solicitor and that nearly killed me! So 2,3,4,5 letters later… forget it! Maybe there’s an easy way out! 

Gloves off!
What really pisses me off though;

1. They keep giving me dates to respond by, which by the time I receive their letter is about seven days…  by not responding they can win the opposition on the grounds of ‘Non-commitment’ on my part.

1. They keep crossing every ‘t’ and dotting every ‘i’, yet still manage to misspell at least one of their trademarks to bring it into line with mine eg “Our client offers the services and products under the following BRICKS marks:  ADBRICKS, BRICKS, BRICKS DUET, ONEBRICKS, AND WEBRICK” …  They do not own the trademark WEBBRICK, they own WEBBRICKS (plural).   WEBBRICK on the other hand is owned by a company in the UK. (webbricksystems.co.uk)

1. They’ve given me until the 1^st October 2008 to respond to their letter with an option…  They’re prepared to withdraw there opposition to my trademark, as long as I remove some of the phrasing protecting it...  Seems easy enough?  One problem, by agreeing to their terms, the website musicbrick.com will be financially bankrupt and closed within six months.  The amendments will stop musicbrick.com from trading as a business, by preventing the website from advertising or promoting in any shape or form…  Quote “Not to use its trademark “MUSICBRICK” for advertising or promotional services of any kind…  The final details would have to be set out in a formal agreement” 

If you’re new to this everything is explained in my last Blog.

Ok, a quick update… Well I’ve sent a letter to the Fish and Richardson PC, they’re the lawyers acting on behalf of Coupon Inc, the company who are opposing my trade mark along with their insistence that they want me to rename my website and give up all related domain names I have, or in they will consider seeking damages and costs.

Damages and costs, for what!!

It’s a shame about the internet I’d normally just consider burning them so they couldn’t get their hands on them, but heh! This is the 21st Cetntury

I decided to use my trademark lawyer to get the definitive “No” and “Get off my train” across, because if it was left to me I’d probably end up in court for telling them how I really feel!

Lot’s of things have happened since my last blog. As I explained I cannot and will not fight them legally, the financial implications would be ridiculous for both me and my family. So, the only way I know how is to go o the online community and start a campaign.

Two years I’ve been developing musicbrick.com and I’ve sacrificed too much of my and my family’s time to give up, I will not let them just walk over me. I cannot afford a long legal battle and they know that. So, I’ve decided the only way forward is to ask as many people as possible to help make a stand for musicbrick.com.

I realise, there’s far more important issues going on in the world today, and I may be just another hard luck story, but I was not brought up to lie down and give in.

So, I’m asking every one of you directly, “Please will you support musicbrick.com?”

Please visit here to add your support and find out more and grab either one of these support badges.

1. Without a doubt the best way is to create a musicbrick, better still create a pallet full. Every new musicbrick you create will make the Musicwall climb higher, the higher we climb the more interest we will generate.
http://www.musicbrick.com/default.aspx

2. Join our facebook group ‘I support musicbrick.com’ here and let your facebook friends know about our group. http://www.new.facebook.com/group.php?gid=38880319352

3. Showcase our badge ‘I support musicbrick.com’ in your online presence. Get your cool support badge here. http://www.musicbrick.com/support

4. Encourage your friends and family to join in, tell everyone you know about our plans to build the tallest structure in the world using the power of music. Every song that’s ever been written means something to someone in the world.

How else, can I fight this threat without it crippling me financially ?. I can’t!. The only way I know is to ask the members of musicbrick.com and the online community to support the campaign and stop this assault in its tracks.

Cheers
Martin