Since about a month has past since my first posting not much has happened. The legal counsel for the other person, contacted me and offered to make a deal, but his client seems to think he invented the wheel. They slammed me with a 25 page motion, and thusly I fired back a 10 page motion.
It saddens me that two like minded individuals can't come to some beneficial agreement.
We have young brave men and women fighting for our freedom, some of them giving their lives for our very way of life. Each day we are honored with orders from soldiers around the world and in Iraq, we are honored to provide them with our services.
These brave men and women, teach me each day is a gift, and I am to utilize it to better myself, the nation and the people around me.
I implore those who read this to email customerservice@messageinabottle.com
or call them at 1 800 959-2069 and voice you opinion - the calls free
Ford and Chevy co exist, Coke and Pepsi, Macdonalds and Burger King, Taco Bell and Dell Taco, all we want is to register and protect our mark to protect our product
Keith C
http://www.bottlemeamessage.com - Message in a Bottle
My gift to you for your time an island oasis on the web - Islandgram
send and receive messages in a bottle free - virtually - click on the bottles to send.
to send a targeted MIB click on the seashell.
Tuesday, October 23, 2007
Thursday, September 27, 2007
Message in a Bottle - The Truth about their Fraud
About 10 years ago, I had this idea, conceived originally from a bottle found in my backyard while doing a landscaping project, inside was an old child's treasure map, never found the treasure but the seed of inspiration was planted. After staring at this bottle for many days, and receiving countless cards in the mail from friends and family for a birthday, I decided it was time to create a new way to send someone a message by mail. Thus the old world idea of tossing a message in a bottle into the sea was reworked to toss them into the postal seas. Several test runs later, I found the bottles and I found the accent pieces for inside the bottle, what started in 1996 finally took life in 1998, DreamWeaver Studios and dreamweaverstudios.com was born.
Thre years later, bottlemeamessage.com was born, why not messageinabottle.com, well thats why I am writing this story, as you can see from my website http://www.bottlemeamessage.com, its more than a message in a bottle, its a Dream in a bottle, so thus the reason I chose bottlemeamessage.com, because thats what we are doing for you we are bottling your message.
I applied for a trademark for the term Message in a Bottle in 2003 for the following goods and services, all trademarks must list what the mark is protecting my goods and services are Novelty, favor, and souvenir bottle containing messages and greetings, invitations, promotional materials of others, and advertising materials of others; Kits comprised of bottles, paper for creating promotional messages, advertising messages, greetings, messages and invitations and packaging and boxes for mailing. FIRST USE: 19980310. FIRST USE IN COMMERCE: 19980610, the first use and in commerce are the dates the United States Patent and Trademark office use to document your first use. The trademark office also uses classifications for goods and services a # corresponds to a list of goods and services my class is 16 which covers paper goods, which covers my type of product, message in a bottle.
Now it typically takes a year to get your trademark registered, my mark was published for opposition in June 9th 2004, when your mark is published this is giving you the go ahead after the USPTO(United States Patent and Trademark Office) has searched all the records of the USPTO to see if any conflict arises from any living or dead, if your mark is active its alive, if its dead, you are no longer using it or failed to pay your dues. My mark was opposed by messageinabottle.com, whom started their business in 1999 1 year after I started mine. Now they did register a intent to use application or an ITU, back in Jan of 1997, in class 38 telecommunications and services are listed as eceiving communications from others, recording such communications in written or printed form, and transmitting such communications to others. FIRST USE: 19990116. FIRST USE IN COMMERCE: 19990116, as you can see they do not offer any indication they are mailing any products but in fact are offering a service of sending something electronically.
My former attorney at the time did offer them a co-existence agreement, I would get my trademark, they would keep theirs and we would co exist, they told me to stick it.
Now they have on their website about fraud, imitations, cheap imitations, well the truth be told they are the ones committing fraud, they are the ones cheating the didn't start offering wedding invitations until 2005, we have been doing this since 1998, all aspects of the product invites, promotionals, gifts, kits.
This company committed fraud before the USPTO, and I have filed a petition to cancel their mark for fraud and that it is generic.
you can view the proceeds here http://ttabvue.uspto.gov/ttabvue/v?pno=91162780&pty=OPP
Now they go around the web bad mouthing our business saying we commit fraud we use cheap bottles well in fact our bottles are made for us, they are multiuse bottles, but we have been using them for 10 years, our bottles have been mailed around the world, and are post office approved, but I know of a company that now mails bouncing balls with messages on them, so post office approved is a big stretch these days I believe the post office will mail anything. Our signature cord has been part of our message in a bottle and our trademark, it makes the product, nautical and unique to itself.
Without a rim the cord slips down around the neck, thus we love these bottles.
Our competitor uses the following in one of its ads...
*Proprietary Bottles
Our beautiful proprietary glass and plastic bottles are Post Office approved, crystal clear and are of the highest quality. Unlike bottles available elsewhere, neither our glass nor our plastic bottles are condiment or sauce bottles not fit for bottled messages. These can typically be identified by an unsightly screw-top thread. (This screw-top thread is sometimes disguised with a cord tied into a knot around the thread.
Well take a hard look at their bottles, the US post office will never approve a glass bottle as they are always in a box, you can't mail them as is.
Their bottles are simply vinegar, oil or wine bottles, nothing more!
Next their plastic bottles take a hard look at the neck, we had these bottles sent to us by a bottle manufacturer, whom wanted our business, they are made of PVC, brittle plastic which can break when in the mail. We have used the same bottle for 10 years, and have been blessed with an excellent manufacturer, and their team is an extended part of our team. Not all bottles are the same, we use a high quality bottle glass and plastic bottles, tested by us and the US postal service(plastic), glass bottles go in a box and the packaging protects them. Its quite simple, choose whom you feel most comfortable with and which product you like. Thats it, PVC may or may not crack its tough, we did not like that bottle is has a weird shape in our opinion. We are confident in our customers and the American consumer,
We were the first on the web, go to the wayback machine http://www.archive.org/index.php
type in our domains www.dreamweaverstudios.com - Nov 11, 1998
www.bottlemeamesage.com - Jan. 5, 2001
that other site - www.messageinabottle.com - Oct 18, 2000
whom it appears the world largest archiver of the internet proves we existed two year before the did...
They ask you to boycott our services, they state we are committing fraud, we have never stated anything negative until till today, after coming across their ad on a website we no longer to advertise on...
This company is committing fraud, cheating the American public, we believe in fair competition, 200 million Americans in the US, we all offer similar products, but everyone has their own taste, we ask that you email them and voice your opinion and support us.
We simply ask you look at what is best for you, if you like our products go with us, if you like their products go with them. But there is no reason for them to smear our products, this is the first time I have ever felt the need to do this, but to smear our product like this, is unkind, unprofessional and not the way two business owners should act. I have never smeared or placed a negative comment until today.
Keith C - The Original Message in a Bottle Guy!
http://www.bottlemeamessage.com
Thre years later, bottlemeamessage.com was born, why not messageinabottle.com, well thats why I am writing this story, as you can see from my website http://www.bottlemeamessage.com, its more than a message in a bottle, its a Dream in a bottle, so thus the reason I chose bottlemeamessage.com, because thats what we are doing for you we are bottling your message.
I applied for a trademark for the term Message in a Bottle in 2003 for the following goods and services, all trademarks must list what the mark is protecting my goods and services are Novelty, favor, and souvenir bottle containing messages and greetings, invitations, promotional materials of others, and advertising materials of others; Kits comprised of bottles, paper for creating promotional messages, advertising messages, greetings, messages and invitations and packaging and boxes for mailing. FIRST USE: 19980310. FIRST USE IN COMMERCE: 19980610, the first use and in commerce are the dates the United States Patent and Trademark office use to document your first use. The trademark office also uses classifications for goods and services a # corresponds to a list of goods and services my class is 16 which covers paper goods, which covers my type of product, message in a bottle.
Now it typically takes a year to get your trademark registered, my mark was published for opposition in June 9th 2004, when your mark is published this is giving you the go ahead after the USPTO(United States Patent and Trademark Office) has searched all the records of the USPTO to see if any conflict arises from any living or dead, if your mark is active its alive, if its dead, you are no longer using it or failed to pay your dues. My mark was opposed by messageinabottle.com, whom started their business in 1999 1 year after I started mine. Now they did register a intent to use application or an ITU, back in Jan of 1997, in class 38 telecommunications and services are listed as eceiving communications from others, recording such communications in written or printed form, and transmitting such communications to others. FIRST USE: 19990116. FIRST USE IN COMMERCE: 19990116, as you can see they do not offer any indication they are mailing any products but in fact are offering a service of sending something electronically.
My former attorney at the time did offer them a co-existence agreement, I would get my trademark, they would keep theirs and we would co exist, they told me to stick it.
Now they have on their website about fraud, imitations, cheap imitations, well the truth be told they are the ones committing fraud, they are the ones cheating the didn't start offering wedding invitations until 2005, we have been doing this since 1998, all aspects of the product invites, promotionals, gifts, kits.
This company committed fraud before the USPTO, and I have filed a petition to cancel their mark for fraud and that it is generic.
you can view the proceeds here http://ttabvue.uspto.gov/ttabvue/v?pno=91162780&pty=OPP
Now they go around the web bad mouthing our business saying we commit fraud we use cheap bottles well in fact our bottles are made for us, they are multiuse bottles, but we have been using them for 10 years, our bottles have been mailed around the world, and are post office approved, but I know of a company that now mails bouncing balls with messages on them, so post office approved is a big stretch these days I believe the post office will mail anything. Our signature cord has been part of our message in a bottle and our trademark, it makes the product, nautical and unique to itself.
Without a rim the cord slips down around the neck, thus we love these bottles.
Our competitor uses the following in one of its ads...
*Proprietary Bottles
Our beautiful proprietary glass and plastic bottles are Post Office approved, crystal clear and are of the highest quality. Unlike bottles available elsewhere, neither our glass nor our plastic bottles are condiment or sauce bottles not fit for bottled messages. These can typically be identified by an unsightly screw-top thread. (This screw-top thread is sometimes disguised with a cord tied into a knot around the thread.
Well take a hard look at their bottles, the US post office will never approve a glass bottle as they are always in a box, you can't mail them as is.
Their bottles are simply vinegar, oil or wine bottles, nothing more!
Next their plastic bottles take a hard look at the neck, we had these bottles sent to us by a bottle manufacturer, whom wanted our business, they are made of PVC, brittle plastic which can break when in the mail. We have used the same bottle for 10 years, and have been blessed with an excellent manufacturer, and their team is an extended part of our team. Not all bottles are the same, we use a high quality bottle glass and plastic bottles, tested by us and the US postal service(plastic), glass bottles go in a box and the packaging protects them. Its quite simple, choose whom you feel most comfortable with and which product you like. Thats it, PVC may or may not crack its tough, we did not like that bottle is has a weird shape in our opinion. We are confident in our customers and the American consumer,
We were the first on the web, go to the wayback machine http://www.archive.org/index.php
type in our domains www.dreamweaverstudios.com - Nov 11, 1998
www.bottlemeamesage.com - Jan. 5, 2001
that other site - www.messageinabottle.com - Oct 18, 2000
whom it appears the world largest archiver of the internet proves we existed two year before the did...
They ask you to boycott our services, they state we are committing fraud, we have never stated anything negative until till today, after coming across their ad on a website we no longer to advertise on...
This company is committing fraud, cheating the American public, we believe in fair competition, 200 million Americans in the US, we all offer similar products, but everyone has their own taste, we ask that you email them and voice your opinion and support us.
We simply ask you look at what is best for you, if you like our products go with us, if you like their products go with them. But there is no reason for them to smear our products, this is the first time I have ever felt the need to do this, but to smear our product like this, is unkind, unprofessional and not the way two business owners should act. I have never smeared or placed a negative comment until today.
Keith C - The Original Message in a Bottle Guy!
http://www.bottlemeamessage.com
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