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AU
In 2007 i started a motorcycle, tour business, race team and rider coaching in Thailand called "Transmotosport" Nothing huge, but something to help me fill in the time and show people the brilliants of the adventure riding in Northern Thailand and Laos. I am an Australian citizen and articles about my tour company were published in Dirt Action and Trail Rider mag in 2007, not small articles, one a 5 page spread and the other a 3 page spread. Articles were also published in N.Z. mags and U.K. mags.
In 2010 a new magazine was formed in Australia called "Transmoto" The name had obviously been derived from my business name. Also the editor of Transmoto was also a journalist at the magazines i had previously been published in.
I saw the new mag called Transmoto, and had a little chuckle to myself, thought it was a little rude, but hey, i aint going to jump up and down about it.
In 2014 I moved back to Australia and was looking into opening a business doing self guided adventure tours/bike rentals.
I was informed by Transmoto, they had trademarked this name and would legally go after me if I used the name
Transmotosport even though they were aware when choosing their name, it was derived from my business name.
I spoke to the government controlled trademark licensing /legislation body. Their opinion was I have a legal case, and if i could prove the previous existence of Transmotosport and it being recognised by Australian customers, I could take legal action against Transmoto for compensation and damages.
So here is a large company Transmoto, that knowingly copies my name, and basically now says we are bigger than you, its now our name, you cant use it. WTF. And here is the Australian government copyright body giving Transmoto a copyright license for a derivative of my business name and then telling me i can take legal action against them and be compensated. LOL . There is something really wrong with parts of this world we live in. I am not interested in being in a tangle of legal battles to feed the lawyers fat pockets or for financial personal gain. I am sad a brand i started from scratch, will have to be changed. I am interested to know others opinions on this, is there no honor with these corporate's ?
In 2010 a new magazine was formed in Australia called "Transmoto" The name had obviously been derived from my business name. Also the editor of Transmoto was also a journalist at the magazines i had previously been published in.
I saw the new mag called Transmoto, and had a little chuckle to myself, thought it was a little rude, but hey, i aint going to jump up and down about it.
In 2014 I moved back to Australia and was looking into opening a business doing self guided adventure tours/bike rentals.
I was informed by Transmoto, they had trademarked this name and would legally go after me if I used the name
Transmotosport even though they were aware when choosing their name, it was derived from my business name.
I spoke to the government controlled trademark licensing /legislation body. Their opinion was I have a legal case, and if i could prove the previous existence of Transmotosport and it being recognised by Australian customers, I could take legal action against Transmoto for compensation and damages.
So here is a large company Transmoto, that knowingly copies my name, and basically now says we are bigger than you, its now our name, you cant use it. WTF. And here is the Australian government copyright body giving Transmoto a copyright license for a derivative of my business name and then telling me i can take legal action against them and be compensated. LOL . There is something really wrong with parts of this world we live in. I am not interested in being in a tangle of legal battles to feed the lawyers fat pockets or for financial personal gain. I am sad a brand i started from scratch, will have to be changed. I am interested to know others opinions on this, is there no honor with these corporate's ?
I learned this early on, now i do the same. Everything i make gets a patent apllication and a pending number before i give any publicity to it. Crazy world out there for sure
Either way, it doesn't really matter: you either spend the farm hoping you win and recover enough damages to make it worth your time and energy, or you move on.
You should have tried to defend it the minute you saw them forming. A simple legal threat/letter and a call from your attorney might have sufficed at the time. At least here in the US, if you don't defend your legal territory, you are ceding it. Some companies don't care or want the legal fight but are forced to defend it so that it can't be turned around on them - exactly what you're describing here. Live and learn.
I am naive and didnt expect a company to copy my name and then ban me from using it. I know they copied it, as I have a confirmation letter from the director of the company that owns Transmoto that they were aware of my business name, but decided not to inform me as i was operating in Asia, First I knew of it was when it was in print. As I mentioned previously i am not pursuing it, but wanted to get it of my chest. Something that I had in the back of my mind for a couple of years now. Who knows by airing it and getting your advice, it may help others. cheers
The Shop
Knowing Wigin as I do having worked with him at ADB and while I worked at KTM he is a decent streight shooter so I cant think for a moment he would "copy or steal" a name. The MX/offroad world the words "Moto" 'Race" Tech" 'Compition' Trail" and "Factory" in some Combination is mind boggling At the time I remenber I gave him a bit of a ribbing for being close to the American Trans World Motocross Magazines name......
With regards to your claim you had it first I dont know..... reality is they have been using and building the Transmoto brand for many years now and have a bunch invested in it so they would be mad not to push it into dispute.
After over 6 years of building that brand they would be unlikley to change given the cirumstances.
Many years ago I worked for Yamaha and would occasionaly have Japanise engineers and riders out here ( in Australia) and one of them liked the name of a bike shop in Victoria called "Hard On Dirtbikes" and I had explain what a hard on is.....a couple of years later in Japan the guy has his own company called "FK Sit Up Gear" and a large Penis proudly on the shirts and stickers....
I say don't worry about it, sucks but you're name wasn't super unique. Good luck with your future endeavors
Either way, I don't think you'd win over a company called Transmoto. Whatever was told to you by an employee of Fair Trading (I assume that's who you dealt with), it would (have) been quite a risk "going" them.
Now, when you have a Business name you've used for over 30 years, with or without a registered trademark, and another company / person starts using it, in the same country, in the same industry, With the exact same Font style you have used for all those years, you can end up retiring early, like me. Well, semi retirement, as I like / love my 2 careers, but, I don't have to do a damned thing if I don't want to
I'd go right to a intellectual property attorney and get an opinion.
But you are missing the point,
I never asked them to change the name or I never tried to restrict Transmoto's trade or the use of the name. as you suggested.. I only wanted to continue use the branding i had built up many years before the magazine ever existed
David Wooldridge the managing director has told me they would legally pursue me i i used the name in Australia again.
Andy may be a great guy, but it was David he forwarded me to talk with.
p.s. You think these guys are not the type to copy others work, have a look at their
Transmoto script direct copy from the Transformer script
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