Good evening, Dave.
My name is Rob Wiltbank. I'm the founder and copyright/trademark holder of Delaware Open Carry.
I understand that there were some issues you encountered on the Delaware Open Carry Facebook group and you created a Facebook group named "The Real Delaware Open Carry".
While I appreciate and fully support you wanting to have an open forum group, I must ask that you change the name to accurately represent your group. Because of your actions, the likelihood of confusion between what is the official Facebook representation of Delaware Open Carry and your group is certain.
I have filed a Trademark Infringement notice with Facebook, using both the date the Delaware Open Carry Facebook group was created and public ICANN records of the delawareopencarry.org domain name to establish my ownership of this intellectual property.
Please change the name of the group within the next 24 hours to something more appropriate... perhaps "Open Carry Discussion"?
Again, I fully support the proliferation of open and concealed carry; however, the property and intellectual property rights of others must also be respected.
Regards,
Rob
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This was the conversation that followed:
Conversation started today
5:52pm
David Thomas
You dont own the words "Delaware" or "Open Carry" so do what you want.
5:54pm
Rob Wiltbank
Correct; however, the three together constitute a trademark.
5:55pm
David Thomas
So. My page has six words. And I dont own them either.
With whom is your trademark filed?
5:57pm
Rob Wiltbank
That's fine. We'll let Facebook and our attorneys sort this out. Did you want to provide an address for legal correspondence?
5:57pm
David Thomas
Or, I mean to say, where or with whom is your trademark registered?
you have an attorney?
5:58pm
Rob Wiltbank
Yes.
5:59pm
David Thomas
With whom is your trademark registerd?
*registered
it's a simple question really.
and by the way, the name does accurately represent my group. I dont think you have any copyright or trademark registered at all with any government entity. So, while I appreciate your concern, I think I will leave things as they are.
6:04pm
Rob Wiltbank
http://www.uspto.gov/trademarks/basics/register.jspI've owned Delaware Open Carry over 5 years, established by public record.
6:05pm
David Thomas
So it is NOT registered?
Not with the USPTO?
6:06pm
Rob Wiltbank
Doesn't need to be.
Thanks for your correspondence, I'll be in touch.
6:06pm
David Thomas
Well, like I said, the name of MY group is NOT the name of YOUR group.
You dont know where i live, Rob.
Can the Irish Republican Army sue the "Real IRA" for trademark infringement?
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It's a shame really -- I think there's a good audience for that type of group to exists and, in all honesty, had he changed names, I probably would have directed people to his group for that type of open conversation.
However, I've reached out to an attorney with whom I worked on the "Life of a Law Student" project. He's a very knowledgeable lawyer who specializes in contract and electronic IP law and I'm currently waiting on his analysis and advice.
To be honest, if he comes back and says, "Rob, I think your claim is weak. Mr. Thomas isn't infringing on any trademark," then so be it, I'll wish him well. However, if the situation is actionable, then I'll pursue those avenues to their conclusion.
Just to make it clear, while we are all interested in our freedom, we must also respect the rule of law and the rights people have as property owners.
I'll keep you all updated.