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#51828
"dive buddy" trade mark, should we fight to protect it?
Greg - 10/15/2010 8:45 AM
Category: General
Replies: 27

Over the last year or so, a few small websites/applications have poped-up using the "dive buddy" name. Our company owns the trademark to the term "dive buddy" as it relates to internet social networking, introduction and dating services.


I’ve already been able to get Facebook and Twitter to honor our intellectual property by removing some applications and names that infringe on our trademark.



Given the amount of time and money we’ve spent building DiveBuddy.com and the massive network of scuba divers...do you feel it’s important for us to protect our name and keep other companies from using our identity?




I’m the first person to tell you that any business that promotes/supports the world of scuba diving is a great thing. But I don’t agree with piggy backing off someone else’s success by assuming their name or names very similar.



Your thoughts?




Thanks,



Greg Davis
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Div4fun - 10/15/2010 12:31 PM
I think that is exactly why we have trademarks. Trademarks are in place for the purpose of keeping others from profiting from the hard work of others. It also keeps others from taking profits from the trademark owner by posing as the original. I would fight them.
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scubadiver1 - 10/15/2010 3:43 PM


Fight It!!!!!!! Divebuddy.com is a great tool for divers, I’ve met and dove with people I only met due to Divebuddy.com. I would hate to see this site get degraded in any way shape or form. Thanks again for starting it.
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SaintsReturn - 10/15/2010 8:35 PM
When i go out and here about dive buddy or i ever mention it, i always refer back to your site. You have worked and paid to develop, protect and keep this name and trademark. I feel you should continue to enforce your trademark and protect what this site has become. I also agree with your statement that it is important to let dive companies and sites to promote the sport and support each other, but using someone else’s work for their gain is unacceptable. Keep fighting and protect what we have all grown to love.
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SCUBASMITTY - 10/16/2010 12:35 PM
FIGHT FOR IT ! how we feel is irrelevant, YOU made this site, YOU run this site, YOU have helped create a world wide community of divers that exchange information,experiences and create friendships that otherwise would not be possible. if YOU are proud of this accomplishment then It is worth fighting for !! WE enjoy the benefits of this site and as members would stand behind YOU in the fight.

so to be blunt my friend do YOU believe that your trade mark should be protected ? I FOR ONE DO !! 
#3936
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seawolfdiving - 10/16/2010 6:23 PM
Well Greg… I guess that depends upon how you look at the situation. I’m not a lawyer but I am familiar with “some” aspects of Business law.

I would start out by asking a few simple questions:

1. Who is doing it (Big fish or small fry)?
2. What is their intent? (do they want to capitalize on your success or are
they trying to discredit your site)?
3. What are they worth (aka… how much do they stand to loose in a
fight as opposed to how much it would cost you to go after them)?
4. Do they realize that they are infringing on your copyright?
5. Will they stop if you inform them of the infringement and politely
(legally) ask them to stop? (i.e. nice letter from your lawyer)

First, I would consult an attorney.

Second, I would try to get these questions answered,

Third, I would inform the offending persons and ask them to stop.

And if they continue….

I would be all of over their as%es like stink on s%^t…..

If it were me, and if I had put as much time, money and effort into Divebuddy.com as you have…. I would be doing everything I could to protect my baby… Ya know what I mean.

But that’s just my opinion.

P.S

writing a petition signed by all DiveBuddy.com members and sending it to the offending persons
or
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rashley - 10/16/2010 8:44 PM
You started it, you hold the trademark. The choice is ultimately yours, but I would even help contribute to a legal fund to keep DiveBuddy "ours". 
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Fishboy21 - 10/16/2010 9:42 PM
Fight for it. DiveBuddy.com is respected for quality and responsible networking. It is important that the reputation not be compromised by less capable and/or responsible sites using the trademark.
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FlickaDafin - 10/16/2010 10:37 PM
I haven’t been here long or very much, but... I’d protect it.
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AOW_dude - 10/17/2010 12:34 AM
DiveBuddy.com is a 100% trademark, whereas the term ’dive buddy’ is being used by every diver out there, sounds like a good question to ask a lawyer.
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knightddiver - 10/17/2010 3:17 AM


Well before I ever heard of this website I was told to always have a dive buddy, And my instructer is not on here. In fact it is even mentioned in the training books from padi to always dive with a buddy, Now I have a very old one here that states the same thing use the buddy system when diving. I do not want to start hearing it being refered to as the "dive friend system" or the "dive partner system" just because a website was made out of it and now its a trademark. I love this site and all but without knowing how the name is being used that makes you think that an infringment is happening I cannot give a answer that will make everyone happy. I find that simple words or phrases that are commonly used long before the time of www dot, should not be allowed to be trademarked. 2 dumb examples I can come up with right away are " Lets Roll" coined after the 9-11 attacks and another is "Thats hot" Paris Hiltons little contribution. I could think of a few others but I think the point is made, Although if one were to try to say make a site such as divebuddy.net or .ORG I could see the infringment. Like I said need a better example or reference to be swayed.
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Kemperite - 10/17/2010 1:40 PM
Just having the trademark is meaningless unless you actively enforce your rights. Should you ignore infringements then it becomes a de facto surrender of your rights under the trademark. Always send a cease and desist to anyone who infringes upon your trademark.
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diverray - 10/17/2010 6:47 PM
I don’t think Greg is talking about suing anyone who utters the words "dive buddy". He is talking about other commercial businesses who use his copyrighted business name for their own businesses.
As an example, you may consider yourself an aggressive diver, you may have aggressive dive buddies, you may meet socially and discuss your aggressive diving techniques, but if you buy a boat and turn it into a commercial liveaboard diving boat, you can’t name it Aggressor, nor call your liveaboard website Aggressor.com
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csemenko - 10/17/2010 9:14 PM


I believe fight for it. My reason is simple...I tell people to join DiveBuddy.com for good advice, good friends, and good diving...without farm animals and silly games.


If some other entity is mistaken for this website its good smear the good name and reduce the amount of potential new members.
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123654J - 10/18/2010 8:11 AM
You should fight for it. If you don’t do it now, it will be to late later.
#51828
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Greg - 10/18/2010 8:27 AM
From AOW_dude: DiveBuddy.com is a 100% trademark, whereas the term ’dive buddy’ is being used by every diver out there, sounds like a good question to ask a lawyer.



The trademark is specifically for "dive buddy" as it relates to internet social networking...so everyone can still call their partner their "dive buddy" :) But you can’t run a social network that uses the term OR anything confusingly similar.



Thanks for all the input! I have been fighting for it and I will continue to do so. Your support is very encouraging.
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Smithsgold - 10/18/2010 9:25 AM
Fight for it !!!!!
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seawolfdiving - 10/18/2010 12:17 PM
Who is it...? Maybe we could all sign a petition and send it to them even better... Boycot them.... or both....:)
#51828
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Greg - 10/18/2010 1:21 PM
From seawolfdiving: Who is it...? Maybe we could all sign a petition and send it to them even better... Boycot them.... or both....:)



Lets not go there yet. I’ve given them a peaceful way out first.
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joelp57 - 10/18/2010 5:14 PM


I can forward this to my wife who is also a member on here to see what she says. She’s a licencing specialist who does this stuff all the time for one of the big O&G companies.


 


Joel
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Eve - 10/19/2010 5:26 AM
From Greg:
From seawolfdiving: Who is it...? Maybe we could all sign a petition and send it to them even better... Boycot them.... or both....:)



Lets not go there yet. I’ve given them a peaceful way out first.



Peaceful and diplomatic is always the best first line of attack, just do not let to much time go by as an indicator that you may be getting ignored. Relay your message in such a way that you cannot be ignored, shoot over the head first, then , well you can only imagine. You have spent many a night and many a weekend away from family building and promoting this site, do not let someone else steal it away. " Stand tall and carry a big stick "
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Astros5 - 10/19/2010 10:45 AM


I agree with ScubaSmitty 100%. You have put a lot of time and effort to make this site what it is, and for others to come along and wreack the benefits or whatever they are doing is wrong. FIGHT FIGHT FIGHT!!!! I will supposrt you and this site any way I can. Good luck and God bless!!


Travis
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scubaclay - 10/19/2010 1:47 PM


Greg,


It is your work and your trade mark, FIGHT for it
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ScubaAngie - 10/19/2010 5:07 PM
Fight! You got it first!
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dalehall - 10/20/2010 9:57 AM
Without a doubt, fight it.. After reading this, I remembered a DiveBuddy app on the Android market that had nothing to do with this site a while back.. It was more of a logbook or something, I went searching for it again this morning and it’s no longer there.. I never thought about reporting the name use to you, but I will remember to do that in the future..
Dale
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FoxyRoxy - 10/20/2010 2:27 PM


Greg,


Scubaclay (husbnd) told me about the other site trying to use your divebuddy.com name. I say that it was your idea and work, any you should fight for your rights.
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scuba165 - 10/27/2010 11:42 AM


Yes, by all means. I’m just wounderin if the person using the divebuddy logo knows if he’s using your logo. I know when I started diving 6 yrs ago, being out of the military, I decided I wanted my email add. to be scuba1 [ at ] . It wasnt being used. Now all of sudden I see other emails going to my add and I see other peoples names on it (not my own). So I open the email and cancelle there out there emails. Not having that problem anymore, they got the hint. So yes, fight for what you have made and we Divers of divebuddy will stand beside you al the way.
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Flipper78754 - 12/19/2011 7:00 AM
Greg, I agree with Seawolfdiving