Cackle Hatchery Easter Egger Trademark Filing

[U_Stormcrow]

most of those they have NOT been given trademarks for, they've only applied, and its been given to an examiner for review.

 

[JacinLarkwell]

Same with White Egged or any of re other common Eggers

 

[24Elsinore]

Look at all the trademarks they applied for and got.

https://trademarks.justia.com/owners/smith-jeffrey-n-3272570/

I think they have only applies for them so far. It doesn't look like they have been granted and registered yet.

[x] Ranger became popularized as a name for a free ranging dual purpose bird with good meat development (contra the many DP birds which are mostly layers). Suddenly, there was a proliferation in the market of "Rangers", each company using their own [x]. At this point, I can't even tell you who, or which hatchery, was first; only that "Ranger" has now taken on the community understanding of a common mark, the way "Coke" is synonymous with "Soda" in much of the county.

So in the case of Ranger, did common usage come first or did the trademark come first?

With Easter Egger the initial observation is that it is obvious that the term has been in widespread use first and now trying to be trademarked instead of the opposite. I could be wrong on this though. That is why it appears to be trollish behavior, because it seems like they are trying to claim a term that has widespread usage and therefore no right to claim. I'll try not to worry myself too much though as if this is the case, other large hatcheries should easily be able to show that. However the patent and trademark office don't always have the personnel to actually perform thorough investigations on all the applications.

 

[24Elsinore]

At most, I'm curious as to who is giving Jeffrey that legal advice, and why he thinks those efforts will be more valuable than the cost of registering them.

And the bad press once they start defending the trademark...

 

[bruceha2000]

I doubt they give a cr@p about bad press with all those filings. The name Easter Egger goes back to at least the 60's if not earlier. And now some hatcheries are calling anything that lays a non brown or white egg (generally some shade of blue or green) an Easter Egger even though it has no other physical features common to what has been known as Easter Egger for decades. If some bureaucrat gives him a TM on the name they should be removed from their job for incompetence.

 

[EEforMe]

The first time I saw that in the cackle catalog I freaked out and it still makes me a mild combination of nervous and angry. As you might guess EEs are my favorite "breed" and thinking that their name might have to be changed for common use scared me quite a bit. Is it officially trademarked yet or not?

I doubt they give a cr@p about bad press with all those filings. The name Easter Egger goes back to at least the 60's if not earlier. And now some hatcheries are calling anything that lays a non brown or white egg (generally some shade of blue or green) an Easter Egger even though it has no other physical features common to what has been known as Easter Egger for decades. If some bureaucrat gives him a TM on the name they should be removed from their job for incompetence.

I completely agree!
Edit: to capitalize "is"

 

[JacinLarkwell]

The first time I saw that in the cackle catalog I freaked out and it still makes me a mild combination of nervous and angry. As you might guess EEs are my favorite "breed" and thinking that their name might have to be changed for common use scared me quite a bit. Is it officially trademarked yet or not?

I completely agree!
Edit: to capitalize "is"

I'm thinking common use would become simply EE instead of Easter Egger. But I wouldn't know

 

[The Moonshiner]

And now some hatcheries are calling anything that lays a non brown or white egg (generally some shade of blue or green) an Easter Egger even though it has no other physical features common to what has been known as Easter Egger for decades.

Now days you can get plenty of "Easter Eggers" that don't even lay blue or green eggs. The term has pretty much became useless IMO.
I don't care either way if Cackle gets the TM or not. But it wouldn't hurt my feelings if they did and because of it the term became extinct or close to it.

 

[JacinLarkwell]

Now days you can get plenty of "Easter Eggers" that don't even lay blue or green eggs. The term has pretty much became useless IMO.
I don't care either way if Cackle gets the TM or not. But it wouldn't hurt my feelings if they did and because of it the term became extinct or close to it.

I call mine "rip off EEs" because I know they ain't laying anything but white. Cream if you're lucky

 

[bruceha2000]

I take it your EEs don't have beards, muffs and green legs @JacinLarkwell ??
Where did you get them?