What is the trademark?

[k-nano]

Anybody know what Lifespan Brand's trademark is? I only ask because Paul, the CEO of the company that bought Lifespan Brands, claims I am using their trademarks. 

Here is the answer from their own website...

1. Trademarks

Trademarks must be guarded in order to be kept. A word, a phrase, a design, a configuration; anything which distinguishes that particular product from any other one in the market and puts ownership to it, can be trademarked.

Lifespan Brands LLC (“Lifespan Brands”) is the proud owner of many registered trademarks, some of which are LAVA, LAVA LITE, LAVA BRAND, THE WAVE, THE SHAPE OF COOL, and the configuration of the Lava lamp, its base and globe.

If you don't know about what I do, I invented the ferrofluid lava lamp. Ferrofluid is a magnetic liquid that makes the 'lava' react to a magnetic field (sorry but if I said wax it would obstruct clarity). This makes your lava lamp interactive. 

So how am I using any of their trademarks? I don't shape my products like their mark.

Do they own the word "lava lamp"? That's what this boils down to in my mind. They seem to think they do for some reason. Even though it's not one of the phrases they pay to protect.

Additionally, the word 'motion lamp' seems to be largely unused and misunderstood. In my experience the average person does not know the difference between a 'motion lamp' and a 'lava lamp'.

Most people will tell you that they know what a 'lava lamp' is. But, they will not be familiar with a 'motion lamp'. I believe there is a reason they never successfully trademarked the word LAVA LAMP. 

The answer is "LAVA LAMP" BELONGS TO PUBLIC DOMAIN. 

It is a word that is used so often and frequently for what was supposed to be called a 'motion lamp' that the general public began to forget what a 'motion lamp' is. This is just like the following words/phrases:

aspirin

cellophane

dry ice

escalator

flip phone

thermos 

trampoline

videotape

app

zipper

I'm not hating on the lava lamp. I love the lava lamp. I am trying to innovate the lava lamp and Lifespan Brands seems to not like that innovation.

I actually have a patent for this technology. However, instead of being questioned about my patent or how to work with me, Lifespan Brands is more interested in asking me to stop using their trademark. I find that infuriating because I am only trying to bring the lava lamp to the next level. 

[Shelly]

They own the Word lava lamp.  Lava lite paid Mathmos to use the words.

https://en.wikipedia.org/wiki/List_of_generic_and_genericized_trade...         ****  look under generic protected  terms***

https://en.wikipedia.org/wiki/Lava_lamp     *** look  under  history

[k-nano]

Lava lite did not pay Mathmos to use the words. They paid Edward Craven Walker for the manufacturing and distribution rights, which expired with the patent a very long time ago. Then they tried to enforce a serious of trademarks and copyrights in place of the patents. The problems is that they didn't do this until after the word lava lamp was already in the popular lexicon. Hence, the lack of trademark for that phrase. 

[Shelly]

I got you.  But,  on the Business side of this Dilemma,  Lava lite still own the words, Lava lamp.

You will have to Stop using the Words Lava lamp on your website.  Lava Lite just Fired Off a Warning Shot Letter to you.

Trust me, If you Continue to Use those words on your website, you Will need to Lawyer up.  You are Gaining Traction in the Lava Arena..  Lava lite is seeing you as a Small threat right now.  All you have to Do, is Provide a better quality of Product than Lava Lite.  and you Can reach All your Goals, and Dreams with your Lamp. and Compete with Lava Lite. People Like me, and the Rest of the Members of this Forum, especially here in the US, are begging for a Quality Lamp.  A Lamp that has  Superior Clarity, Color, and a More Creative Base, and a beautiful Flow.  and You are adding Something to your Lamp , that Lava lite does not have.  your Lamp will Let Us Goo Heads manipulate the Flow with the Magnet. 

Do as you want, but, I'm sorry,  you cant use those words to Market your Lamp.  Come up with Something Better.  I've read your Kickstarter and made a visit to your Website.  I believe In Your Product!!  Its Fantastic.  Children with Autism will Love your lamp.  And your Lamp is Safe , with a 15w bulb.  and Your Lamp is More Green.. 

Make everyday a Happy Day

[k-nano]

They do not have trade mark on "Lava Lamp"  Only "Lava", which is precarious especially considering the situation. 

Of course that doesn't guarantee they won't try to sue. I'm well aware of their battle with Mathmos. But, that's irrelevant of the facts. Lawsuits are games of money. If they decide to sue it's because they want to pour money into stopping me, not because I'm hurting their brand or actually infringing anything legally. That's by definition frivolous. 

Which is really sad. I have something that they could benefit from and instead they immediately get threatened. I am all for working out a deal with them. In fact, I've offered it to them and they have said that they are not interested in the ferrofuid lava lamp. I would not be surprised if I get served papers. It's pretty ironic how the guys behind that brand have turned into corporate bullies. 

Your surprisingly intuitive on the efficiencies of my lamps. Your right about it being more green and safe with the 15w bulb. What part of the world are you from? 

[Shelly]

I'm currently in Kansas City, MO.  I dont Stay in One City to Long.  My Husband is in Management for a Class One Rail Road..  Its fun experiencing Life In One City , and then off to somewhere else..  The Moving Company hates packing Me up, lol  My lava Collection, is 75+ and growing everyday!

BE Patient,With the Right marketing and More Visibility to your Website,  Lava Lite and their new Ownership, will regret not taking your offer. 

[Johnny]

they tried to stop mathmos using the term lava lamp years ago claiming it was copyright, lava world or what ever there called dont own the words lava lamp, they do own the terms "cheap cloudy lamps"  :-) and no one would copy them lol

[k-nano]

That's a good point. I don't believe they ever got a ruling in their favor on the issue while battling Mathmos.

[andy ross]

Log on to the Mathmos website now and you'll see the disputed term used everywhere.

You'd almost think they were doing it deliberately...

[k-nano]

I think they've been using that term for awhile now. It's possible they agreed to not ship to the US so that they could keep using the term without constant threat of lawsuit. I think that's more of a back door type deal not made public. Obviously they want to sell in the US because they have a landing page collecting emails to notify people when Mathmos will be available in the US. They likely will try to enter US market again when they feel the timing is right.  

[Johnny]

cant see why they cant sell in the u.s, lava world. lifespan aint made in the u.s its china so whats the problem there being shipped from china to the states same as mathmos would be :-)

[k-nano]

Mathmos is made in UK. I imagine it's as simple as Lifespan Brands made it pretty clear to Mathmos that if they shipped to US they would burden them in legal fees. (It's frivolous but lawsuits in the US are games of who has more money and have less to do with who's actually on the right side of the law. The way US law works, they can fairly easily stop all shipments from Mathmos at customs and force them to show up to court. That becomes a net loss very quickly.) Until that burden is lower than the money that can be made shipping in the US, Mathmos will prefer to not re-enter the US market. Or the IP landscape could change, but that seems unlikely.

[Johnny]

reckon we should do the same and stop the shipment of crappy lifespan/lava world pile of poop entering the u.k and filling are land fill sites up :-)