Can a company really own the word "Satellite"

[dminner]

So I offer pedal etching and effects on a super small scale (like a handful a year) just as a hobby for fun. I have a facebook page and call it Satellite Effects. Today I receive an message from someone related to Satellite Amplifiers that says "apparently" they own the term "Satellite" for, and I quote "ANYTHING related to musical instrument amplifiers." I guess effects pedals are related. Seems a bit much since it is a common term, I have nothing to do with amps, do not really produce anything, and the name is Satellite EFFECTS. I just do it for fun and dealing with this crap makes it less fun so I am taking the page down.

I am taking it down because I don't care that much, BUT I am just curious...can one company can really own such a common term for ALL things music related?

[D.o.S.]

At least you haven't received a C&D for your clones.

[dminner]

I don't really sell anything that is an exact clone. And I don't really sell anything anyway (maybe around 5-6 pedals a year). I really just do etching and even then work with trades most of the time.

[D.o.S.]

Yeah I was just messing while I typed up my real answer.

Real answer: If they've got the name trademarked or copyrighted, it's possible that they're in the right. It's also possible that they have not registered the name, but this seems unlikely here. You probably saw something that contained a phrase-like "possibility of reasonable market confusion", right?

If you haven't, I would send a polite reply explaining that, in your view, there is little overlap (PoRMC, if you will) between your two companies, and inquire if they're planning on expanding into the effects business in the future. Then see what they say.

I'm not a lawyer in any capacity, but those are the things I have sent out in the past re: C&D, and the reply to that reply usually indicates if I'm all right or if I should abandon ship, but part of copyright is defending it (see: Rickenbacker) so don't get mad.

Hope that helps.

[onyxrhino]

They can't "own" the word, but like any business, they can trademark it.

It sounds like that is what they are claiming though it sounds like the letter that was sent was amateurish and poorly worded. You'd probably be fine to keep on doing what you do until you receive a cease and desist from their lawyers. That said, if they do have a trademark, they've got a decent case to make you change the name you're using.

[D.o.S.]

nicely said.

[Chankgeez]

Yeah I was just messing while I typed up my real answer.

I think this applies to all your posts.

[Chankgeez]

Also, it's just weird that they're even going after dminner. Like he says, he's not producing great quantities of stuff for sale.

[D.o.S.]

To the first: possibly so.

To the second: yeah, I imagine it's the result of some cursory googling with dickheadish intentions.

[Chankgeez]

Also, dminner, tell Satellite Amplifiers that you'll stop using the word "Satellite" when they start paying Plymouth for stealling their logo:

[Iommic Pope]

Oooh! Yeah that is too fucking close not to be ripped off.
I'd say for dminn, it's gonna be a matter of who registered first.
Who has been operating longer?
Established brand might give you some leeway.

[crochambeau]

Another amplifier brand to place on my do not buy list.

If you've got to bully someone in order to own a word, you never owned that word in the first place.

[Chankgeez]

Also who's really gonna confuse this:



with this?:



(ooh, it's purple!)

Although, to be fair, they make ugly pedals too:

[D.o.S.]

That's a sticking point, for sure, and probably the reason they hit you up.

[Ugly Nora]

anal