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JT Bagwell

Stealing your name?

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Everyone,

I wanted to share a story that is getting a lot of mention.

Read it below.

JT Bagwell

"When is a professional angler's name not his own property?

This is the strange but true circumstance that Tim Horton is currently experiencing.

The former Bassmaster Angler of the Year is facing possible legal action from Tim Hortons, a chain of 2,800 coffee and donut shops in Canada and the U.S. Attorneys for the corporation are threatening the Bassmaster Elite Series pro with a lawsuit if he uses his name to promote any products.

"They've asked me to quit using my name," Horton said. "When my attorney first contacted me I thought he was playing a joke on me. He wasn't.

"It's up in the air right now. It's almost comical; I can't believe it. They don't want me to sell shirts with my name on them, lures with my name on them, DVD's with my name on them. I told them in 1972 my mother didn't have a clue what Tim Hortons was when she named me."

The conflict emerged last year when Horton registered his name and a number (1) with the U.S. Patent Office for a trademark.

"When they saw I had registered for a trademark they went and looked at everything I had in my name," he said. "They saw lures and DVDs that were for sale, and they started telling me that I couldn't be selling stuff with my name on it.

"I even offered to change it to Timmy Horton, which was the reason I asked BASS officials to refer to me as Timmy last year. But they're still fighting me on it. When I heard from them last year we decided to [register] Timmy Horton. Then about three weeks ago they contacted me again. They claim they have that name registered, too."

Horton pointed out that one of his sponsors, lure-maker PRADCO, has his name on several lures.

It was jokingly suggested that he consider changing his name.

"What about 'The Fisherman Formerly Known as Tim Horton?' " he replied. "

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Did this all come about because he tried to register it? Perhaps he stirred the hornets nest. I think it is incredible that one can go through something like that.

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I had read this story before and I think it's absolutely absurd to imagine that the Canadian company could prevail and prevent Tim Horton from using his own name to promote himself and his products. I was always of the opinion (informed opinion, I thought) that the U.S. Patent and Trademark office would not allow one to trademark a personal name, such as Bill's Barbershop, Nancy's Bakery, etc. Obviously, my thinking must have been flawed, but I hope Tim Horton wins on this one.

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Seems BBB is a little slow.  It was posted here several days ago:

http://www.bassresource.com/bass_fishing_123/insidebass_1226_06.html

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I can actually see where this is coming from.  A registered trade mark can not be used by another party without permission.  Its his misfortune that his name has already been trademarked.

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Better register every word in the English language now. You never know when someone might want to sell popsicles with your name attached.

Ridiculous.   ;D

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You can not Copyright a name. Instead what you do it Trademark it. When filing for a Trademark you have to list the type of business, product, etc that you will be selling. I can almost guarnatee that Tim Horton the coffee company didn't list Crankbaits, Plastic Worms and Jig Fishing DVD's anywhere in their file. As a result, Tim Horton the bass fisherman should be free to conduct business as usual. If I was a shareholder of Wendy's International Inc. I would be sending some very nasty letters to the board for wasting my money on an absolute ridiculous lawsuit.

Tim Horton's is not just a Canadian company. I am not sure of the exact details, but it is at least

partially owned by Wendy's (the fast food chain).

JT Bagwell

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Wendys acquired the TDL group and then sold its shares to investors in September. If the name is registered as "Tim Horton's", I wonder how the angler Tim Horton can be sued since his name does not show ownership (no apostrophe - S at the end of his name)? Myabe Tim Horton, the guy who founded Tim Horton's, registered his own name?

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Tim Horton's is a U.S. company about a year ago Wendy's International ipo Tim Hortons as a stand alone company. There head office is in Canada and most of the money is generated in Canada and also is listed on the Toronto Stock Exchange.

The main listing is on the New York Stock Exchange ticker THI.

I talked a couple guys out of investing there life savings in the ipo, the stock ipo at about $28 and in a few hrs. shot to $50-60 and faded to $28 by the end of the trading day. This is normal for a hot ipo the dum money buys then gets scared and sells.

Theres a thread on Big Fat Bass dealing with this and right now most Canadain Anglers are writing and phoning Tim Hortons head office.

This is legal I.D. Thieft and Tim Hortons (coffee/Donut) should not win. But it's the U.S. were the most money wins in a legal fight.

Garnet

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sad................... though if he did go by the fisherman formally known as Tim Horton, it would one up rapper Ike.

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The reality is that the CEO or the head of invester relation proably does'nt no about Tim Horton (the angler).

If the ceo got POSITIVE feedback on Tim Horton (angler) they might add him to there fishing sponcership program. Currently Bob Izumi is the only one on this deal. A nice boat wrap deal for life and some agreement on verbage could be worked out.

Tim Hortons (the coffee/donut) have locations in all border states an as far down as Ohio they need to get the rest of the states hooked on coffee just like the northern states. So theres a fit for the wrap job but corp. need the get the idea that a beautifull wrap boat giving out sample coffee would work down south. Tim Horton (the angler) needs to tye all this with B.A.S.S.

So Tim (the angler)

Remenber me

Garnet

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Garnet,

You should consider going to Tim Horton's website to see if there is a 'Contact Us' link and forward your idea to him.  Perhaps he and the coffee/donut folks have been in such an adversarial relationship that neither has thought about your idea.

Hillbilly

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Tim Horton sponsored by Tim Horton. Now that would be confusing. I have wondered about this in the past just never really read anything about it. It's kinda scary that you can get in trouble by using your own name to market your own products.

Well, guess I'm gonna go ahead and trademark my name so when I get famous it won't be a problem.  ;D

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I see Tim Horton (the angler) on the front of a bass boat in skates Toronto maple leafs jersy Tim Horton (the hockey player) played for Toronto with a confused look and a baitcaster and a gaint crankbait. And then cut to coffe and donuts.

Maybe with the real Tim Horton (the hockey Player) explaining how he got into coffe/donuts biz to Tim Horton(the angler).

The only thing Tim Horton the Corp. needs to get is the story the marketing dept. can spin the tail I see 15 -20 comerrsals down south then a bunch spoffing the southern boys.

Garnet

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That coffee chain has moved into New England with force.  Gues where I won't be buying my coffee anymore.  Absurd!  If anything, they should have tried to pick him up and sponsoir him themselves.  

I'm making it my duty to spread the word Monday to all the UPS drivers.  we are Teamsters and will back somthing like this.  many guys gather at those coffee shops at the end of the day to take their lunch breaks together.  It's a small impact but it's also a few less dollars to fuel those ridiculous lawyers.

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Maybe with the real Tim Horton (the hockey Player) explaining how he got into coffe/donuts biz to Tim Horton(the angler).

Tim Horton the Hockey player, died a long time ago. I think it was in 1974 (before I was even born). Tim Horton the angler was only 2 years old in 1974.

JT Bagwell

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Make sure that Tim hortons coffee knows why the UPS guys are boycotting and what they should do.

You are correct Tim Horton has been dead for 30 something years but it's a very interesting story and corporations like interesting storys about them selves.

If everybody on all these forums goes to Tim Hortons and fills out the comment card or writes the ceo this will be stopped.

Remember Positive solutions.

Garnet

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I'm changing my name to "Girn Blanstaad"

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I think everyone should email Tim Horton's (the coffee people) and let them know

what you think. Here is their email address:

customer_service@timhortons.com

JT Bagwell

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I'm changing my name to "Girn Blanstaad"

Are you sure you want to spell it exactly the same as the grocery store chain does though?  Might mean trouble.,lol.

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I guess what confuses me is how is Tim Horton (the angler) damaging or causing harm to Tim Horton's coffee shops? Are their phone lines getting thousands of calls a day from their customers looking for relief from their angst? :-? I just don't see how Tim the angler is hurting Tim's coffee shop's business because, coincidentally, he has the same name :-/ Further, if it's NOT hurting their business, then what's the point? To me, this is much corporate ado about nothing. They should let the man fish and use his own darned name.

Tim

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Guest avid

I find these things fascinating.

On the surface, it seems rediculous, but when you think deeper, you can see the problems.

I mean suppose I was married to a girl named Brittney Spears and then sold panties under that name.

Oh wait, bad business plan.  She isn't wearing them these days.  

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