Guys, I know UFO Magazine is one of the Paracast's advertisers, so I hope you will not remove this post. I don't think you will because when I listen to your show, you like to get all sides of a story... and I appreciate that. Thanks!
Beyond Belief - UFO Magazine demands I stop using the term “UFO” on my website
Today I signed for a certified letter I received from UFO Magazine. When I opened it and read its contents, I just couldn’t believe my eyes. At first I thought it was a joke. This letter, a “Cease and Desist” letter, was from Julie S. Maresca, attorney at law representing UFO Magazine. The letter demanded that I stop using the term “UFO” on my UFO hobby website. It stated that UFO Magazine was the owner of the term, “UFO”, as they had a federal trademark for it.
Well… so do 172 others if you search the trademark website at USPTO.gov. There are a bunch of people who have the term “UFO” within their trademark name, or just the term “UFO” by itself. And just think of the millions around the world who use the term “UFO” in daily conversation, in newspaper articles, in magazine articles, on websites, in letters, on message boards, etc. Do you think UFO Magazine has sent “Cease and Desist” letters to everyone using the term “UFO”? Oh my gosh…
Anyway, when I finished reading the letter, I called Julie S. Maresca, attorney at law, and William Birnes, publisher of UFO Magazine and left them both a brief message. I kind of explained that I thought UFO Magazine demanding that I stop using the term “UFO” on my website was ridiculous. I told them I was going to ignore their request, and I stated that I would be doing a story on the website about the “Cease and Desist” letter. I added that it was like them asking me to stop using the words “and” or “water”. I then explained how many millions use the term “UFO” every day, in word and in writing. I finished the message by letting them know that RadioShack had tried the same thing with me using the word “Shack”, which they said they owned through trademark. When that battle was over and done, RadioShack went home with their tail between their legs.
So… let this be a warning to all who use the term “UFO”… you may someday be receiving a “Cease and Desist” letter in the mail from UFO Magazine…. cause they own that term…
For your viewing convenience I have placed a copy of the letter I received from them on my website at UFO GEEK - Mike Coletta in the blog section.
This evening, Mr. William Birnes, publisher of UFO Magazine called me and spoke with me for about 15 minutes about the message I had left him. He unloaded a bunch of text my way, and made claim that because UFO Magazine was a registered trademark, I was committing fraud by placing a TM next to my UFOMagazine.net (with saucer graphic). After much discussion we hung up, and I searched for a registered trademark for UFO Magazine… but could find none on the government trademark page. Yes, they did trademark the word “UFO” as did many others, but no UFO Magazine has a registered trademark on the uspto.gov page that I can find.
So… my UFOMagazine.net (with saucer graphic) and the TM is legit according to the trademark page. The TM means I lay claim to what you see there. If I wanted to register it, then I could get the circle R mark.
Funny thing… on the cover of the one and only UFO Magazine I ever bought (last week) the letters U F O are large font with the circle R to the right of that word ”UFO”, and the word “magazine” is in smaller case below the word “UFO”. If I read the copyright page correctly, it appears the circle R registration mark represents the registered trademark of the term “UFO”, but is not associated with the entire term “UFO Magazine” on the magazine cover; since there is no registered “UFO Magazine” trademark in the government trademark database, that I can find.
Beyond Belief - UFO Magazine demands I stop using the term “UFO” on my website
Today I signed for a certified letter I received from UFO Magazine. When I opened it and read its contents, I just couldn’t believe my eyes. At first I thought it was a joke. This letter, a “Cease and Desist” letter, was from Julie S. Maresca, attorney at law representing UFO Magazine. The letter demanded that I stop using the term “UFO” on my UFO hobby website. It stated that UFO Magazine was the owner of the term, “UFO”, as they had a federal trademark for it.
Well… so do 172 others if you search the trademark website at USPTO.gov. There are a bunch of people who have the term “UFO” within their trademark name, or just the term “UFO” by itself. And just think of the millions around the world who use the term “UFO” in daily conversation, in newspaper articles, in magazine articles, on websites, in letters, on message boards, etc. Do you think UFO Magazine has sent “Cease and Desist” letters to everyone using the term “UFO”? Oh my gosh…
Anyway, when I finished reading the letter, I called Julie S. Maresca, attorney at law, and William Birnes, publisher of UFO Magazine and left them both a brief message. I kind of explained that I thought UFO Magazine demanding that I stop using the term “UFO” on my website was ridiculous. I told them I was going to ignore their request, and I stated that I would be doing a story on the website about the “Cease and Desist” letter. I added that it was like them asking me to stop using the words “and” or “water”. I then explained how many millions use the term “UFO” every day, in word and in writing. I finished the message by letting them know that RadioShack had tried the same thing with me using the word “Shack”, which they said they owned through trademark. When that battle was over and done, RadioShack went home with their tail between their legs.
So… let this be a warning to all who use the term “UFO”… you may someday be receiving a “Cease and Desist” letter in the mail from UFO Magazine…. cause they own that term…
For your viewing convenience I have placed a copy of the letter I received from them on my website at UFO GEEK - Mike Coletta in the blog section.
This evening, Mr. William Birnes, publisher of UFO Magazine called me and spoke with me for about 15 minutes about the message I had left him. He unloaded a bunch of text my way, and made claim that because UFO Magazine was a registered trademark, I was committing fraud by placing a TM next to my UFOMagazine.net (with saucer graphic). After much discussion we hung up, and I searched for a registered trademark for UFO Magazine… but could find none on the government trademark page. Yes, they did trademark the word “UFO” as did many others, but no UFO Magazine has a registered trademark on the uspto.gov page that I can find.
So… my UFOMagazine.net (with saucer graphic) and the TM is legit according to the trademark page. The TM means I lay claim to what you see there. If I wanted to register it, then I could get the circle R mark.
Funny thing… on the cover of the one and only UFO Magazine I ever bought (last week) the letters U F O are large font with the circle R to the right of that word ”UFO”, and the word “magazine” is in smaller case below the word “UFO”. If I read the copyright page correctly, it appears the circle R registration mark represents the registered trademark of the term “UFO”, but is not associated with the entire term “UFO Magazine” on the magazine cover; since there is no registered “UFO Magazine” trademark in the government trademark database, that I can find.
