Sapphire Speakers @ Tweeter

Discussion in 'Speakers & Subwoofers' started by ScottCarr, Nov 14, 2003.

  1. ScottCarr

    ScottCarr Second Unit

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    I received one of tweeter's flyers introducing a new line of speakers. Being curious I was interested in an audtion. Yesterday there was some free time to pop over to the local store.

    I found the speakers very stand offish and very very neutral to a touch flat.

    Anyone else hear these new speakers? I would like to hear your opinion.

    Scott
     
  2. Rory Buszka

    Rory Buszka Supporting Actor

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    I saw these mentioned in my latest issue of Sound & Vision Magazine. They definitely look very interesting.
     
  3. PaulKoss

    PaulKoss Agent

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    The name Sapphire is already being used by ACI. These posers are trespassing on ACI brand recognition. If I were Mike over at ACI, I'd be talking to my lawyers...
     
  4. Tony Genovese

    Tony Genovese Supporting Actor

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    Posers? Cary Christie from Infinity and AR, Tom DeVesto from CSW? Mike has already said he has no problem with their using the Sapphire name. Talking to lawyers in this case? For people with more money than brains...
     
  5. Chris Quinn

    Chris Quinn Screenwriter

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    Paul- I brought up the same issue and someone pointed out that Wharfedale too has been using the Sapphire name on one of their speaker lines for about three years now. I think Mike posted that ACI has had a Sapphire line for twenty years.
     
  6. Jason.Soko

    Jason.Soko Stunt Coordinator

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    SUE SUE ..SUE EVERYONE! SUE THE PLANET! [rolleyes]
     
  7. PaulKoss

    PaulKoss Agent

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    Brand recognition is important. If these guys are so well connected, why would they pick a name that's already being used? Have you ever seen an auto maker come out with a car having the same name as one of its competitors? Posers AND hosers! Sue. Damned straight.
     
  8. Tony Genovese

    Tony Genovese Supporting Actor

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    The owner of ACI has stated he hasn't a problem. Get a life.
     
  9. PaulKoss

    PaulKoss Agent

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    Not that I've seen. You need to get jiggy with reality sport. Why do you think there is a whole body of law dealing with trademarks?
     
  10. Chris Quinn

    Chris Quinn Screenwriter

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    Paul- I agree it is in pretty damn poor taste and very disrespectful for "long time industry leaders" to use the Sapphire name. But, as someone pointed out the average Tweeter customer has no knowledge of ACI and its reputation. Who knows maybe ACI will gain customers and brand recognition from people googling, speakers and sapphire.
     
  11. Tony Genovese

    Tony Genovese Supporting Actor

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  12. Mike Dzurko

    Mike Dzurko Stunt Coordinator

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    I may have been too hasty in "not worrying about this".

    Thanks to a happy Sapphire owner, (the REAL Sapphire[​IMG], I now know that they have filed to trademark the term Sapphire. If this were to go through, they would have the legal right to force ACI to stop using it. I may have no choice but to expend the time/money/effort to fight this. It probably doesn't seem like much to those who work in the corporate world. In a business like ours it becomes a rather costly and major hassle.
    I must say I truly appreciate those of you who have been watching our back on this one! Thank you!


    Word Mark SAPPHIRE
    Goods and Services IC 009. US 021 023 026 036 038. G & S: Audio/Visual and Home Theatre equipment
    Mark Drawing Code (1) TYPED DRAWING
    Serial Number 78232304
    Filing Date April 1, 2003
    Current Filing Basis 1B
    Original Filing Basis 1B
    Owner (APPLICANT) Tivoli Audio, LLC LTD LIAB CO DELAWARE One Broadway, Suite 600 Cambridge MASSACHUSETTS 02162
    Type of Mark TRADEMARK
    Register PRINCIPAL
    Live/Dead Indicator LIVE
     
  13. PaulKoss

    PaulKoss Agent

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    Aha! Caught red-handed. Well done Mike!
     
  14. Chris Quinn

    Chris Quinn Screenwriter

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    Mike, sorry to hear it is going to be a legal issue for you after all. I hope you win. It disgusts me that "industry leaders" would try to trademark a name that a very well respected audio company has used for twenty years on a product.

    I hope all the other boutique audio companies take note and realized that they need to trademark product names or someone else can use it and keep you from using it by trademarking it.
     
  15. Wayne A. Pflughaupt

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    It shouldn’t be that big a problem since you’ve been using the name as long as you have, Mike.

    I saw a thread here recently where the guy that owns Stryke Audio (forget his name) was being hassled by Rockford Fosgate (I think it was them – someone correct me). He said he was told by his lawyer than since Rockford could prove they were using the name in question a couple of years before him, he didn’t have a leg to stand on.

    No reason why the same thing couldn't work for you too, Mike. At the very least you should be able to pressure them into an agreement – they can trademark the Saffire name, but you can continue to use it indefinitely, and they can never mount a legal challenge against you for that.

    Regards,
    Wayne A. Pflughaupt
     
  16. Mike Dzurko

    Mike Dzurko Stunt Coordinator

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    "Aha! Caught red-handed. Well done Mike! "

    Paul:

    Thanks, but I can't claim any credit on this. One of our customers took the time to do some searching and directed me to the results. I am very appreciative that he made that effort. I really do not know where all this will lead.
     
  17. Mike Dzurko

    Mike Dzurko Stunt Coordinator

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    Chris, Wayne:

    Thank you. I'm not really sure what steps we'll take. Any and all input is appreciated.
    I will have a friend take a look at this and see what he thinks. I have no wish to keep Tivoli from using the Sapphire name for their line. While I agree that it might sometimes be a bit confusing, (I've already gotten emails asking if our Sapphires were available for $600 pr[​IMG], this is something we can deal with. Fact is, as someone else mentioned, many names in audio are used by more than one company. Other than occasionally, I've not seen this as a problem before.
    What I am most concerned about is if Tivoli were to get the trademark and then try to legally pressure us into not using it. Here's the thing about trademarks/patents etc. It really depends on the will of those involved to pressure or fight. I've already mentioned it, but I just do not want to expend valuable company resources on this issue. For a large company, it would be insignificant in terms of cost and time. For us, it could be a major headache and cost. For one thing, I'd have to be pretty involved with the process personally. This time would have to come from somewhere. I intend to do what it takes to make sure we can continue to use the Sapphire name. Hopefully it will not use much in the way of valuable resources that could better serve our customers.
     
  18. John E Janowitz

    John E Janowitz Second Unit

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    Hi Mike,

    I know you aren't too far away in Wisconsin here. I learned a lot about this trademark thing since Rockford is making me change the Stryke name.

    Basically this is how it works. Whoever has the first use of the name in interstate commerce has the rights to the name. That's basically it. I used Stryke first in 1997. Lightning Audio(Rockford) used it first in 1996. They didn't trademark it until 2001. Unfortunately since they had 1 year on me in 96, I have to change the name.

    Now, if I had first used the name in say 1995, I could then have their trademark broken, and countersue them for infringing on my name.

    Basically if you have proof of the Sapphire name in interstate commerce, prior to their first use of the Sapphire name, then there is no way they can stop you from using it first off. Paying an attorney $125 to write them a letter is the only cost you'd have to fight that. They'd have to settle out of court because the law is very straight forward. Basically I learned that the date of fileing for the trademark is pretty much meaningless. It all comes down to the first date of use in interstate commerce.

    Now here's the good thing for you. If you have the use prior to theirs, you can apply for a trademark. They will probably say at first that you can't get it since Sapphire is already trademarked. Then you go to court and say "we had it first, here's proof." At that point their trademark would no longer be valid. Yours would. Then you can sue them for infringement, demand to collect royalties on the name, etc etc.

    Me on the other hand, I don't get lucky and just have to change the name. :-(

    John
     
  19. Chris Quinn

    Chris Quinn Screenwriter

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    Mike- I'd probably send a letter to Wharfedale too just to make sure you you cover all bases. If it isn't too expensive to file the trademark I'd do that also so you don't have to mess with this kind of stuff again. I know that you have stated you don't care about others using the name just that they are trying to keep you from using it. But, I think trademark it and never spend time and energy on this crap again.
     
  20. DanaA

    DanaA Screenwriter

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    Great posts. John, if true, that is fantastic news. Sorry to hear about you having to go through a name change, but it's nice of you to try and help Mike out though.
     

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