Is Jimmy Buffet afraid our
newspaper might give people the
mistaken impression that we have
some association with HIM?
Believe it or not, The Coconut
Telegraph has received a letter
via Federal Express from
Greenberg Traurig, Jimmy
Buffet's lawyers, accusing us of
Trademark Infringement, False
Endorsement, and Cybersquatting.
In short, he’s claiming
WE stole HIS name.
The letter reads, "As you are
likely aware, Jimmy Buffet
coined the phrase ‘Coconut
Telegraph’ in 1981, the year he
released an album and published
a hit song of the same name.
Since 1981, Jimmy Buffet has
performed the song countless
times before live audiences. In
June 1985, Margaritaville began
using THE COCONUT TELEGRAPH
in connection with a
newsletter".
What we ARE aware of is
that we, the Conch Republic
Coconut Telegraph Dining and
Entertainment Newspaper have
been in business since November
2006, and came up with the name
all by ourselves. We freely admit
we have no affiliation what so
ever with Margaritaville Enterprises,
LLC. We are great fans of
Jimmy Buffet; however, we do
not believe he “coined” the term
“Coconut Telegraph". It has been
around the Keys longer than most
of us have been alive. To put it
simply, he stole the phrase from
the Conch Republic and made a
whole bunch of money on it. It
has been reported that he still
owns a home in Key West and a
membership at the Ocean Reef
Club, but other than maybe
paying property taxes in Monroe
County, what does he give back
to this wonderful community
where he made his fortune?
The Coconut Telegraph
Newspaper is another story. Our
purpose is to serve our community.
We run free ads for
benefits, charities, and businesses
in need of help. We print
stories about organizations that
provide therapy for kids. We’ve
organized benefits for birds,
cats, and other critters; plus we
print pictures of shelter pets
who need homes. We’re currently
raising funds for Mariner’s
hospital through sales of Dive
With Vengeance and we support
The Pirates on the Water Parrot
Head club because they do a lot
for the community. We believe in
giving back, not taking away.
I turned the letter over to
our lawyers, our "Keys Dream
Team" and they were amused.
We did a little research and
found countless independent and
unrelated "Coconut Telegraphs"
on the internet, from websites in
Honduras to blogs in American
Samoa. One is even a newsletter
in Key Largo! Is Jimmy going to
sue them all? So should we run
scared of the big bully and
change the name to the Coco-not
Telegraph? Hell no! As one of our
writers said, "Chinese buffet,
Warren Buffet, Jimmy Buffet–
we’re not associated with any of
‘em!"
Jimmy, we’re no threat to
you. We paid for the name and
own it fair and square. Instead
of sending more lawyer letters,
come see us in person. We cordially
invite you to perform a free
concert in the Upper Keys to
benefit charities in our community.
How about it? We really
don’t want to be forced to get
out our slingshot and fight back.
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11 comments:
Hey Jimmy!!!! You didn't invent MARAGARITAS either!!!!
How about taking some advice from The Conch Republic Coconut Telegraph and giving something back to the Community! Word has in on the "Coconut Telegraph" that you're getting a little greedy!
So change your name to Coconut Telegram and maybe everyone will be happy. I did an internet search to find your web site and was surprised to find so many sites using the Coconut Telegraph name. I bet Buffet's lawyers are not singling you out from all the rest, but are going after many of the others as well.
You mean to tell me that even his lawyers spelled his name wrong? Or are you just doing that on purpose?
I agree with what you are saying, but if you want to make a proper point, you should spell his name right. Otherwise, you're just attracting negative attention.
You are going to lose this fight so you might as well bite the bullet and change your name. Buffett's copyright does not apply outside of the United States (accept for InterNIC) so the sites you mentioned (Honduras, A. Samoa) are free to use the phrase. It's Buffett's responsibility to enforce his copyright, just like McDonalds would do, and you are in violation. The fact that you bought a web URL does not mean that you own it. InterNIC decided years ago that if intellectual property rights were violated by a URL, the property rights owner has the right to the name. You are going to lose your site and your name...and if you fight this you'll lose a bunch of money too.
Okay, settle down! YOU ARE CONFUSED! We are NOT the NEWSPAPER that Buffett is suing. GOT IT?? We are JUST A BLOG!!!! As I explained before, click on the link to the newspaper sight and RANT there!! The link is on the right. Or better yet, have a Margarita!!! In Margaritaville ...... OOPS! Oh, am I in violation af any copyright????? Relax ......
I hope he (Jimmy) sues her ass! She is nothing but a drunken rip off B...H! The only think she contributes to the community is her beer money! She was warned about this copywrite issue BEFORE she started the newspaper ... and I use the term "newspaper" loosely where she is concerned ... but then loose is a pretty good description!
Mike Mongo in Key West chiming in here.
The argument/trademark is unenforceable.
"Coconut Telegraph," as a term is a colloquialism. It is indigenous to this area and region, native to the inhabitants, and its use pre-dating Buffet's appropriation of the term.
What more, the so-called trademark is for a record album and there is no possibility of confusing or diluting the value of the term AS USED BY AND PROTECTED FOR THE USE OF A RECORD ALBUM TITLE by a local newspaper.
Jimmy Buffet by virtue of the extension of his will being expressed by the artist's representative is in danger of disabusing the good will of the community on which he has capitalized. Stealing indigenous culture is exploitation at its worst.
If Jimmy Buffet is going to sue The Conch Republic Coconut Telegraph, he should go ahead and sue the Florida Keys Coconut Telegraph Internet Services in Marathon as well. They tried to sue Denise for using Coconut Telegraph too. I used to work with Denise a long time ago. Although on some issues we didn't get along, some consideration should be given to her in regards to her efforts to actually get a publication up and running in times like these.
helo so pls i will be happy if u can mail me on aybaba2009@yahoo.com because i need your help on how to get to conch
I agree Denise is a drunk skank and her paper is trash with absolutely no real news.She uses this forum to attack local businesses and people who she has a vendetta against
DENISE is a repulsive piece of crap. She has abused our community so many times, we've lost count. She is a bitter old woman who resents what gravity and time have done to her. Her scars aren't from bedbug bites... they're from falling down drunk 1000 times on gravel in every bar parking lot in the Upper Keys.
It's actually a shame, because at one time she was the product of a decent education.... but all for nothing now, as she has morphed into a savage, evil, sadistic, nasty person. She has reduced people into pretending they 'like' her, JUST SO SHE WOULDNT TURN ON THEM AND WRITE LIES IN HER RAG ABOUT THEM.
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