Should We Fight or Switch

I am looking for differing opinions here: First, the story.
My Wife and I started PBL Enterprises in 1994 buying and selling NOS cat parts that we were buying from ski areas all across the country. In 1998 we purchased the web domain www.snowcats.com to help promote our little enterprise.
In 1999 we began promoting Zaugg snow blower products from Switzerland. The most notable product has been the Zaugg Pipe Monster which has become the world standard for competitions like the X Games and the Olympics. Zaugg recently purchased Rolba. Now we have little time for anything else. We have the web site www.zauggamerica.com.
In 2004 we also began importing the Ohara Caliber as we saw a viable business with this. Small but fun.
Now after 15 years the Tucker SNO-CAT company wants to sue us for "patent infringement" for using the term "snowcat". They also want to force us to hand over our web site. We feel this is the pinnacle of arrogance and corporate bullying. Tucker has been in business for decades and could have purchased the web site long before we did but chose not to. The complaint states that no one can use the term "snowcat" but them. We think they just want the web site as it gets a lot of traffic. They have hired an international patent law firm to do the dirty deed. They must think that PBL is hurting their business since they have gone to the expense of a suit.
We have not yet decided just what to do. We think it is odd, since everyone uses the term "snowcat", even Prinoth and PB. Are they going to go after every person in the US that uses snowcat?
Opinions?

They are spelled differently and as you say, snowcat is a word descriping a class of vehicles not just one brand.

It's kind of like trying to be the only company that can use the word 'resort' or any other descriptive word.

A legal battle might be costly but it's not the first time someone has tried to do this. If you have a lawyer, I'd consult them.

Interesting, I know nothing about trade name law, but I thought that Tucker called their cats Sno-Cats.

Sounds like you need a better lawyer than I for this one.

Since the snowcat website is not the center of your business (if I read your post right) it might behoove you in many ways to simply offer it to them at a price that would suit you. The cost of litigation can be huge, so to save that they might seek the middle ground and pay a nice sum for the website.

If you decide to battle them let me know and we can make this thread disappear. It might work against you in court and we would not want that.

In todays economy everyone is looking for an easy way to make a buck hence the lawsuit.A snowcat is a broad defination and not their snocat.Personally if you had the funds Id get a good lawyer tell them to kiss off and sue them back for harassment.If they want your website im sure it can be bought from you got like 1.5 million no questions asked.But you do need a lawyer if you want to fight them.If you have been notified what is the premis of the suit?Name infringment?Is it spelt the same as theirs?Do you use a logo from them?

what I have found the asshats do have the name snowcat trademarked.
According toThe name "snowcat" originates from the 1946 trademark by Tucker Sno-Cat Corporation of Medford, Oregon. This specialized over-snow vehicle dominated the snow transportation market until the 1960s when other manufacturers entered the business. By then "snowcat" was such a common description that it was used to describe all over-snow vehicles, see trademark dilution. Tucker is also well known for its use of four tracks on its vehicles. what I have found the asshats do have the name snowcat trademarked.

Im not a lawyer but it may be a tough fight but why did it take so long for a lawsuit to be brought on.Options switch names to snowkitty or tuckerssuck.com lol.They can probably force you to close your domain down but i dont think they can take the info on the site from you or force you into giving them your site.Like i said a good lawyer will definatly be needed IMO.Good luck on everything and Id Notify Catipillar that they are infringing on their CAT name.

In the complaint they only speak of infringement on "SNO-CAT". That they definitely have patented. But I do not know about snowcat.

Snowcat has become a generic term. You have used it generically for 15 years. Imposing no competition on their trade name in the process.

Unless they can show where your use of the generic term somehow confuses or infringes into their revenues they don't have a case...not one that's fair.
Or perhaps they can show that the term they coined is now generic
In which case they may be trying to pull it back ALA Zerox copiers did in the past.

That said, they can still spend time and money...yours....to get you to stop and if they spend enough time and money....theirs...they can convince a judge somewhere to reach deep into your pockets. Fairness be dammed.

I am not speaking as a lawyer here, just as a businessman who has some experience with trademarks and patents. Trademarks and patents are only as strong as the owner's willingness to acquire and defend them.

How important is the name to you? How important is it to them and who is willing to pay out to keep it in their possession? How willing are you to give it up? Get them to pay you instead of their attorneys.

Or pay your attorney a pile and hope the judge prefers fairness over the hard points of tort law. Good luck with that

In my mind,

'snowcat' is like 'facial tissue'

BUT

Sno-Cat is like Kleenex.

The terms snowcat and facial tissue are generic terms to describe specific categories of goods but the terms Sno-Cat and Kleenex are used to describe very specific products or brands within specific categories of goods.

But I'm not a lawyer. I'm just a guy and trying to use common sense, common man, logic.

Is it wise to have a lawsuit discusion on a public place?

waybomb said:

Is it wise to have a lawsuit discusion on a public place?

Click to expand...

Ditto. And deleting the thread may be argued as spoliation. Just issue spotting here. Not giving legal advice.

The whole reason for the post is to get neutral OPINIONS. nothing more, nothing less. Too often your friends will only tell you what they think you want to hear. Everyone looks at something from a different perspective and I have certainly found different opinions on this site about everything imaginable, hence the question.