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"The doors we open and close each day decide the lives we live."
-- Flora Whittemore
Has your state or humane organization received a cease and desist letter from Pet Friendly, Inc.?
- You can find discussion on this subject on an offsite web forum This forum thread includes discussion on the merits of this claim and past trademark claim history of this company. (Please note that this link takes you offsite to a forum that is not hosted by PaLC, and the opinions on this forum do not necessarily reflect the opinions of our organization.)
- You may wish to file your cease and desist letter with www.chillingeffects.com (see below)
- The office of the Illinois Attorney General has recently researched the issue, and may be willing to provide you with their assessment of the claim.
Get Out of My Namespace - New York Times (March 21, 2004)
Quote from the article, "Notorious forms of litigation flow from the overprotection of names. Every small-business owner is burdened by frivolous cease-and-desist letters; sending these is a cottage industry. The Fox News Network was laughed out of court trying to control the use of the words ''fair and balanced''; yet for now, at least, Fox still does own trademark rights in those words, in two categories: television news programs and neckties. The organization that maintains the Dewey Decimal Classification system sued a library-themed hotel for using its numbers -- Room 700.003, for example, dedicated to the performing arts. (The case has been settled.) Pet Friendly of Alabama, maker of rope chew toys, is threatening Pet Friendly Rentals of California. Santa Claus has been trademarked in several hundred ways. None of this serves the public interest. It's wasteful overhead, it's expensive and it's noxious."
It could cost state to be pet friendly Chicago Tribune (March 7, 2004)
What PaLC had to say: "The truth is, if this hadn't affected the Illinois program we would be laughing our heads off," said Sara Khurody-Downs, president of Prevent a Litter Coalition Inc. in Reston, Va. "They're the only ones who actually responded ... and unfortunately this just encouraged him."
And now, a visit to the land of Ludicrous.. Chicagoland Tails (October/November 2003)
Pet lovers and trademark owner in dispute over license plates Illinois Leader (9/4/03)
Springfield Journal Register Opinion "Greed Derails a Good Program" (8/29/03)
Copely News by Dana Heupel :State suspends sales of 'pet friendly' license plates (8/28/03)
KMOV.com (8/28/03)
KDSK Channel 5 (8/28/03)
WTVO Channel 17 (8/28/03)
Belleville.com (8/28/03)
STL Today The Associated Press (8/29/03)
USA Today (8/29/03)
Chicago Sun Times Metro Briefs (8/29/03)
Suburban Chicago News.com (8/29/03)
NBC13 Firm Which Makes Rope Toys For Pets Claims It Trademarked Phrase 'I Am Pet Friendly' (8/28/03)
KTVI Fox 2 News St. Louis (9/2/30) - click on featured reports, click on fox files
Other Pet Friendly, Inc. trademark claims:
Chilling Effects: Pets Unfriendly
Chilling Effects: Pets Even Unfriendlier
Chilling Effects is an online resource to help you understand the protections that the First Amendment and intellectual property laws give to your online activities. Chilling Effects encourages recipients of cease and desist letters to file the information on their website.
In addition to the states of Missouri and Illinois, per the Illinois Leader, the following businessess have confirmed receiving invoices for claimed trademark infringement from Pet Friendly, Inc.:
State of Illinois ($563,000)
Pet Friendly Rentals in San Diego, CA ($70,000)
Pet Friendly Travel in Universal City, CA ($360,000)
Pet Friendly Travel Guide in Palm Beach, FL ($?)
In addition on January 27, 2004, Pet Friendly, Inc. did an online search to find organizations and businesses that use the phrase "pet friendly" on their websites, and emailed a cease and desist letter to these organizations. The lawyer whose name was signed on the letter has confirmed that his firm does NOT represent Pet Friendly, Inc. and that their firm had NO knowledge of this letter.
Pet Friendly, Inc. assured businesses/attorneys that followed up on this letter that it had been an accident and that they had fired their webmaster, the person who sent these letters out. However a later company press release indicates that to the contrary, the webmaster in question is now hired by the firm to help to develop a "global" e-commerce website. It has also come to light that the company did not have permission to re-sell some of the merchandise which they had included on their website. This merchandise has since been removed.
None of the businesses will be paying Pet Friendly, Inc., and several may file, or may have already filed, charges against Pet Friendly, Inc.
Pet Friendly, Inc. Trademark Applications:
To view current trademark applications (which include "Pet Friendly Travel and Hotels" an activity which this firm claims to have been in since 1995) please visit www.uspto.gov in the United States.
Pet Friendly Inc. is filing for a trademark to cover "everything" in Canada, and may be filing in other countries also.
Pet Friendly, Inc. taken to court over trademark claims:
Of additional interest to anyone reviewing this issue and Pet Friendly, Inc., is the following court case: "Pearson Industries, Inc. v. Pet Friendly, Inc., 33 F.Supp.2d 1322, 1325 (M.D.Ala 1999). 1"
What Pet Friendly, Inc. has to say (excerpts from the media)
Copely News by Dana Heupel :State suspends sales of 'pet friendly' license plates (8/28/03)
Charles W. Weinacker Jr., the company's vice president, said Wednesday that he contacted state officials after learning about the plates in a pet industry magazine. He said he has billed the state $563,000 for using the "pet friendly" term. "I don't mind them using the car tag, but they're going to pay me a license fee and a royalty for every tag sold," he said. Weinacker said the company manufactures rope toys for pets and sells them through national discount store chains.
Weinacker said he contacted Illinois officials because his company also sells vehicle plates containing the words "pet friendly." He said the company also has billed the state of Missouri because of plans to issue a similar plate there. Missouri officials could not be reached Wednesday evening. Weinacker said his company also has sent invoices to the Humane Society of the United States because that group has supported the plates.
Weinacker said Pet Friendly Inc. has 80 employees and brings in about $10 million in annual sales. He said the company would take the battle to the U.S. Supreme Court if necessary to protect its trademark from being displayed on license plates. "I'm sure it was a good program, and they were trying to generate money for dogs and cats and the Humane Society," he said. "But somebody just didn't do the search."
(Springfield Journal Register)Opinion "Greed Derails a Good Program" (8/29/03)
Pet Friendly says that's not the case and it wants to help pets by being involved with the money. "I want the program to survive, but I want it to be scrutinized, that I make sure that the animals get the money and not some state pot."
Voice Your Opinion to Pet Friendly, Inc.
Mr. Charles Weinacker, Jr.
Pet Friendly, Incorporated
451 Pecan Avenue
Fairhope, AL 36532-1629
Web: www.petfriendly.com
Email: info@petfriendly.com
1-800-582-1889
Note: Pet Friendly, Inc is an Alabama business that manufactures and distributes rope chew toys through Walmart.
Prevent a Litter Coalition, Inc.
Post Office Box 9294, Reston, VA 20195