Disputed eFoil trademark


#1

eFoil is the generic term first coined by Don Montague of Jetfoiler many years ago,
it has been in the public domain since then.
It is a GENERIC TERM used to describe any Electric foil and has been used in this specific context for many years.
Don was one of the original forefathers of the site you are now viewing, he is a true professional and a promoter of open source technology in the name of just fair and equitable interests for all for the advancement in eFoil technology and as a whole as a sport.
Don is a true gem to the industry.
He’s a giver.

Now an Unscrupulous eFoil manufacturer from Puerto Rico, who has a history for taking credit for others accomplishments ( I wont mention any names) is attempting to register this generic description term which has been in the public domain for a significant time as their own!
Basically they’ve stolen from us, you and me,
The implications have tremendous potential to impact on all of us. By attempting to hoodwink us they’re showing their true colours.
It is deceptive and dishonest behaviour to impinge on others Intellectual properties and call your own.
By creating confusion in the same industry to the end user in the hope of improving a web search and general search terms for direct financial gain.
It is imperative that we stand united against the theft of our property and make ourselves heard.
It’s a threat to our community. The threat is real!
What can you do?
Send a letter of demand outlining the previous term eFoil has been in the public domain and used as a generic reference for an electrical foil for many years,
Demand a cease and desist on the grounds it creates confusion and is in the same industry.
Keep pushing
The future and beyond in the name of social inclusion


#2

HERE and below are the trademark application as filed with the United States Patent & Trademark Office (USPTO). A challenge can be filed online HERE by selecting “Notice of Opposition” under “File a New Proceeding” and entering the efoil application serial number (88068448). This can only be done once the application has been published for public review. There is a $400 filing fee.

Word Mark EFOIL
Goods and Services IC 012. US 019 021 023 031 035 044. G & S: Water vehicles, namely, hydrofoil boats supported by single or multi hulls, and structural parts therefor. FIRST USE: 20160930. FIRST USE IN COMMERCE: 20170430
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 88068448
Filing Date August 7, 2018
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) MHL Custom, Inc. AKA Lift Foils CORPORATION PUERTO RICO 500 Bajuras Isabela PUERTO RICO 00662
Attorney of Record Peyton Healey
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

#3

FYI, USTPO refused the trade mark on November 29th because it descriptive and a generic term used in public domain… all clear from what I see :slight_smile:


#4

Wow…that is GREAT NEWS!