If you’re thinking about doing a story on Bobby V…DON’T
Some of you may have noticed that our site was down for quite sometime yesterday. This wasn’t due to hurricane Sandy but was in fact due to “the real Bobby Valentino” sending a trademark infringement notice.
A few days ago I ran a story on Bobby V and shortly after I received the following email;
Bobby Valentino (the “Name”)
I am a professional musician, singer and song writer and have performed under the name Bobby Valentino (the “Name”) for some 35 years.
Goodwill in and ownership of the Name
During that time I have established a reputation in the majority of territories throughout the world. I am also the registered owner of the Name pursuant to three trade marks in classes relevant to the provision of the musical services I offer (together the “Marks”), namely:
in the UK – number 2389878
in the EU, CTM – number 5302112
in the USA – number 78-631,746
I note that you are currently responsible for hosting and/or posting material referring to the US artist Bobby Wilson under the Name on the following pages (the “Pages”) on your website.
etc. Including the content, tags, metadata and web-addresses (URLs).
Pursuant to the terms of a settlement agreement Wilson has agreed to cease using the Name throughout the world and, I understand, is now professionally known as Bobby V.
Infringement and remedial action
Your use of the Name infringes my rights in the Marks and constitutes a misrepresentation likely to cause confusion. I am writing to put you on formal notice of that fact and would be grateful if you would now cease referring to Mr Wilson under the name either by amending the Pages or taking them down within the next 7 days.
I believe, in good faith, that the use of the trademark in the manner complained of is an infringement of the rights granted under United States and/or foreign trademark law.
The information in this letter is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of the allegedly infringed trademark.
I would also be grateful for confirmation that you will not host or post any material going forward which refers to Mr Wilson under the Name.
Apparently, Bobby V was using the name of an already established UK singer, songwriter and violinist. Either way, both won’t be appearing on this site again.