Legal Question in Business Law in New York
Trademarked Breed name?
I received an email from a person claiming to be a president of a board that represents the pygora goat association in reguards to my personal goat website. I have several pygmy goats and 2 goats that i ourchased last year from a lady that told me were Pygora goats. Hence I listed them on my site as such. Her email states that if i do not remove the word Pygora from my site she will pursue legal action against me. Could you please offer me some insite on this matter? I can forward the email if you need to se eit.
Thanks so much
1 Answer from Attorneys
Re: Trademarked Breed name?
A trademarked goat.
This was too good to pass by, so I actually ran a GOOGLE search on Pygora goats. No, the name PYGORA does not appear to be registered in the US Patent & Trademark Office's trademark register (GOAT is, but not in reference to the animal), but evidently the Pygora Goat Association is attempting to make sure the breed name refers to a specific goat type with specific qualities and characteristics and specific traits. And yes, they can do that; they can protect the name for that breed of goat by doing legal battle. They may have a colorable case.
This is a pick-your-battles-wisely situation. If it means a lot to you to call your animals "Pygora goats" on your website because the seller told you they are (I take it Seller produced no registration papers to back up her statement?), then you can prepare to do battle in court with this association and pay a lot of money to your lawyers and possibly to the Association if they prevail in the case. Or you can pass this battle by and take the word PYGORA down off of your site as they requested. Call your animals just "goats," or get them registered with the Pygora Goat Association (which should give you the right to call them "Pygora goats" on your website). The choice is yours.
See http://www.pba-pygora.com for information about the Pygora Goat Association, Pygora goats and the standards a goat must meet before it can be called a Pygora goat.
There's a group for everything. Who knew?
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