Trademark Update

I wanted to update everyone on my trademark issue with Crux Photography and Chris Rojas.  Contact with Chris has pretty much come to an end.  He no longer replies with useful information or conversation, but simply says that he won’t stop using the name or email address, and asks that I leave him alone.

 In taking suggestions from people here, as well as other friends, I’ve attempted to use the community (skiing and climbing) to try to convince Chris, or his friends, that he is infringing on my name.  This had it’s ups and downs.  Chris, and at least one friend, did manage to see my post.  This did restart some conversation, and he offered to explain his side in an email.  Once I emailed him, he once again refused to answer.  The community over all thought that Chris was infringing on my name.  However, many of them felt that it was “silly” because of the size of my photography business.  Although it was nice to see their support, I was frustrated that they associated size of a business to it’s rights involving infringement.  My least favorite comment was that Crux Photo was not an original name.  Crux is used commonly in climbing and skiing to represent the most difficult part of a climb or decent.  I felt that combining it with photo was original, easy to remember, and even catchy, especially for the industry that I shoot most of my work in.  In a short conversation with one of Chris’s friends, he just blew it off and didn’t think it was an issue because Chris didn’t do it on purpose. 

I have also emailed the newspaper that he said he worked for.  I found out that he actually hasn’t done any work for them, but the photo editor and editor in chief know about his infringement.  I also plan on contacting professors in the pre-law department at his school because he said he spoke with them and got advice from them about this situation.  If they have a good argument about Chris not infringing, then I’ll feel better about not being able to get him to change his name.

 I don’t want to rule out legal action, but I certainly want avoid it at all cost.  At this time, my business does not produce enough income to justify paying for legal action.  I am hoping that our paths will cross, directly or indirectly, and he will be convinced to change names.  He seems to think that he will loose all his contacts if he changes names.  I dont’ think he understands that he can still keep the email cruxphoto@gmail.com, he just can’t use it for business reasons, or post it on-line.  He will still be able to receive emails from clients in the past. 

I am definitely still frustrated, but have started to move on.  I’ll try to keep the issue alive as much as possible in the hope that I will meet people he works with in the hopes that someone can convince him that he is doing the wrong thing.

 Thanks for the tips and help,

 Nate

~ by cruxphoto on September 20, 2007.