Palin's favorite store forced to change its name

[DesertRat]

ANCHORAGE, Alaska - Alaska Gov. Sarah Palin's favorite consignment shop has been forced to change its name after she brought the trendy, upscale Anchorage boutique unintended legal problems during last year's presidential campaign.

Out of the Closet owner Ellen Arvold said she was served a cease-and-desist letter by a Los Angeles-based chain of thrift stores with the same name - same trademarked name, it turned out - after Palin mentioned her store in an interview.

Rather than fight, Arvold agreed to change the name to Second Run. The change is effective Saturday, the store's fifth anniversary.

(snip)

Ged Kenslea, spokesman for AIDS Healthcare Foundation, the owner and operator of the Out of the Closet thrift store chain, said if it weren't for Palin, the duplicative name "wouldn't have landed on the radar."

http://www.azcentral.com/offbeat/articles/2009/02/14/20090214palinclothes-ON.html

[Believing Is Art]

1. This kind of upsets me

I understand the LA-based chain's desire to trademark the name, but do they really expect competition from a store in Alaska?

[msongs]

2. trademark law says.....

you must defend your trademark or you lose rights to it. if you become aware of another entity using it and do nothing, then
the door is open for any entity to use it. use it or lose it.

there are many examples of famous names that were trademarked that came into general meaning for an item:

kleenex, a trademark brand, is synonymous with tissues and xerox for photocopies

Msongs

[Believing Is Art]

7. I understand that's the way it has to be

Still really sucks for the store's owner.

[ColbertWatcher]

3. That's not the problem.

What if Out of the Closet© wanted to open a store in Alaska? They would have to compete against someone who used their name without paying someone to do research to see if someone had already copyrighted the name.

Plus, they copyrighted it first.

(BTW, when I first heard the name, I assumed it was the AIDS-charity; I didn't know it wasn't)

[DesertRat]

6. It benefits the AIDS Healthcare Foundation

"Proceeds from Out of the Closet sales directly benefit AIDS Healthcare Foundation. Here is another way you can contribute to fight the HIV/AIDS epidemic and help save a life." :thumbsup:
http://www.outofthecloset.org/

[ColbertWatcher]

8. Oh, I know, there's one a few miles away!

Which is why I thought it was strange that she (of all people) would shop there.

[DesertRat]

4. I think that since it's a chain store

And the fact that it's mission is probably not one that Palin would advocate for, I don't blame them.

"We've invested a lot of time, energy and money or resources branding Out of the Closet, tied specifically to our HIV/AIDS mission to provide care and advocacy regardless of a patient's ability to pay," Kenslea said.

[Canuckistanian]

5. Man, that's expensive to change a business name

Signage, re-incorporation, business cards, accounting fees, business forms.....

"Thanks for nothing" is probably what Arvold is muttering to Palin right now.

I hope she gets enough extra business to cover this setback.

[rvablue]

9. I've been thinking about this ever since some DUer posted that picture

of Rick Warren hugging the owner, of the LA chain owner, that is.

It was on here during the inauguration invocation controversy.



ed: clar.