Use of the word "SoftWash" in the New Orleans Pressure Washing Class curriculum

[Russ Spence]

got that word marked too~

 

[Tony Shelton]

Wow. You win!

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[Tony Shelton]

I finally found it.

Softwash is already wordmarked by the National Association of Nursing Home Spongebath Professionals!

Oh no, another org.

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[Russ Spence]

I am on the BOD for that one!

Me and John T run the show, John is the enforcer!

 

[TheCleaningDoc]

So John holds them down while you scrub? LOL

 

[AC Lockyer]

This is an excerpt of a letter I sent to Steve Button, Admin PWI







"Steve,

Hope the season finds you well. I am sorry I am having to write this letter in this season.

The SoftWash and NOLA post,

1. This was a PM I sent to Micah at EcoClean

Micah,

Just wanted to drop you a note and let you know I have the word mark on SoftWash Systems as well as any use of the word softwash with the "S" and the "W" capitalized. Can you please correct that in the NOLA ad?

Thanks,

AC

I sent this to Micah because I saw a poster he created for a give away at the NOLA event for a Fat Boy Bandit System, that Bob at Pressure Tec sells. Next to the picture of the Bandit was the phrase “SoftWash System” I then clicked the picture to see who was hosting the picture and the word EcoClean was in the URL, so I thought the photo / poster was being hosted by Micah. That is why I decided to contact Micah by PRIVATE MESSAGE in a very casual way to ask him to correct the phrasing. No demands were made in fact it was posed as a question as you can see above with the word please. Micah stated that he was on vacation and would look into it. That was all that was communicated. From what I can tell that ad has been removed.

As for trademarks, wordmarks and patents I have done several over the years. They are very costly and are lengthy to complete. In the case of the words “SoftWash Systems™” I through my attorneys applied for the word mark in the exterior cleaning industry for the use of soft and wash used together as one word with the “S” and “W” being capitalized and in combination with the word Systems. I have also had my attorneys apply for the exclusive rights to use the word “SoftWash” as one word caps on the “S” and “W” for use in the exterior cleaning industry. I have also started the process in regards to my logo for SoftWash Systems in the font, style and use of the water droplet as my trademarked logo. I am not sure I will get all approved or not.

In every case once you INTEND to trademark or wordmark something you are advised to begin using the TM symbol in all of your advertising as well as on your materials and such so that you can protect your trademark or wordmark during the application process. Once your mark has been approved you begin using the “circle r” symbol showing your mark is registered. From what I understand your mark will not show up in TESS until it has been approved and registered. I leave that up to my attorneys.

Now I did misspeak when I wrote to Micah in my PM that I “have” the word mark. I should have said I am in the process of the registration process. However none the less I am afforded protection during this process by federal law and am required to be clear in protecting my intended trade name during this lengthy and costly process. I am sorry that I was not clearer and did not over explain this in my communication to Micah. I was unaware it was going to be such an issue or that Thad was even going to overreact in the way he did.

This is not my first exchange with someone over the SoftWash Systems™ In fact Paul Kassander at the Powerwash Store contacted me early on noticing I was using the TM symbol and in a very classy and professional way asked me how he could use the words soft wash appropriately. He was introducing his double pump, soft wash system and wanted to make sure we communicated on that. All went very smooth and professional. This was well before Powerwash Store was a SoftWash Systems™ partner.

I am not sure why this exchange with Micah went as unprofessionally as it did. As you can read above the message to and from Micah was simple and friendly. I even used the word please."






Steve told me that he was going to close and lock this thread today at noon so I wanted to address this before then. This is all I have to say on the matter and if you have any further questions please feel free to call me at the phone number listed in my signature.

Thanks,

AC

 

[Ron Musgraves]

So if I create anything unique start using it, someone could actually steal it?

I always thought tm worked the sane way as copy write?


Ron Musgraves text me for questions 480-522-5227 Pressure Washing Institute

 

[Tony Shelton]

This is what I was talking about:

In every case once you INTEND to trademark or wordmark something you are advised to begin using the TM symbol in all of your advertising as well as on your materials and such so that you can protect your trademark or wordmark during the application process. Once your mark has been approved you begin using the “circle r” symbol showing your mark is registered. From what I understand your mark will not show up in TESS until it has been approved and registered.

AC

When I wrote this:

Guy, when this is all over I will give you an explanation and you will see how I am not inconsistent about liars. But it is premature now.

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We had numerous and trademarks and three patents with our "Owners AutoMart Franchise system. I already knew that what AC says here is a fact but you guys all think he is a liar so I left it up ti him to determine if he was a liar or if he just knew simply was using the law as it is his right. Looks like he knows what he is talking about. Again



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[Thad]

I have been informed that AC Lockyer has exclusive rights to the word "SoftWash". The New Orleans PW Class will therefore teach, as part of the course, "soft washing" using pressure washers, 12v pumps, and air-powered pumps not "SoftWashing" which is exclusve to AC.

My apologies for any confusion.

I didn't think that my statement was overreacting or unprofessional. If it was I apologize. I just wanted to go on record that Micah and I weren't intentionall infringing on AC's property.

Thanks for the clarification.

 

[Larry Millette]

I find this whole thread hilarious. Is all this really necessary for an over priced pump, a hose, a tank and a chunk of aluminum?

 

[Thad]

Here is the original ad sent to me on 12/07/11 for approval before posting.
It does say "SoftWashing" but does NOT say "SoftWashing Systems" or use the word "system" anywhere on the advertisement and never did.

It has been posted ln a lot of different forums and on Facebook if anyone wants to check it out.

 

[Thad]

I find this whole thread hilarious. Is all this really necessary for an over priced pump, a hose, a tank and a chunk of aluminum?

No, and I don't need to use the word SoftWash at all in my business or in the class if it really is protected. I stated in the beginning it was a CYA post, just in case he was actually telling the truth.

Unfortunately, there are guys who have a LOT tied up in using the word SoftWash.

 

[Guy Blackmon]

so I thought the photo / poster was being hosted by Micah.

As for trademarks, wordmarks and patents I have done several over the years.... They are very costly and are lengthy to complete...... I am not sure I will get all approved or not.

From what I understand your mark will not show up in TESS until it has been approved and registered. I leave that up to my attorneys.

Now I did misspeak when I wrote to Micah in my PM that I “have” the word mark.

Well, glad you cleared that up AC.... Makes no since to me at all, but glad you cleared it up.

 

[Squirtgun]

AC there were no over reactions nor anything unprofessional.

We as pressure washing/SoftWashing contractors have a lot invested in the systems we use to clean and how we market them to consumers.I have a system that does SoftWash it's just not one you sell.Yes I have marketed it as soft wash and various other combinations of the words over the years as have others.What compels you to constantly try to and bite the hands that feed you is beyond me.I suspect it's all about ego,but come one man why would you set out to make an entire industry your enemy?

The GOD complex is old and tired play nice and other will as well.Stop threatening people with lawyers and wordmarks and enjoy the success this industry has given you.

 

[Trae R]

No, and I don't need to use the word SoftWash at all in my business or in the class if it really is protected. I stated in the beginning it was a CYA post, just in case he was actually telling the truth.

Unfortunately, there are guys who have a LOT tied up in using the word SoftWash.

+1
..seems to me it was a long post that didn't clear up anything but the fact that it was not approved yet.

I simply wanted an explanation of exactly what words, or spellings he believes people are ALREADY using that would be infringing on his potential future "word mark".

and then.... the poster doesn't even say "Softwash System" as he claims as the reason to start this in the first place.
I sure hope this wasn't a bluff!

 

[Guy Blackmon]

This is what I was talking about:




When I wrote this:



We had numerous and trademarks and three patents with our "Owners AutoMart Franchise system. I already knew that what AC says here is a fact but you guys all think he is a liar so I left it up ti him to determine if he was a liar or if he just knew simply was using the law as it is his right. Looks like he knows what he is talking about. Again



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Thanks Tony! I feel kinda stupid though and kind of embarrassed to ask you to explain to me the difference between Misspeak & Lie.

I guess if you Misspeak you're classy, and if you Lie you're Unprofessional...Hey kinda sounds like a George Carlin bit.

 

[Ron Musgraves]

Ok here's my spin on this, I told Thad via phone I would never take anything I have ever created down unless I'm provided with facts.

I'm not taking sides with anyone, I have had my own logo used and it cost me nearly 5000 once to get a guy to stop using it.

Maybe this situation is a bit beat in the ground.

My advice is if someone sends you a letter take a look. If you feel your not simply respond professionally please provide the proof and will be happy to comply. Until please stop bothering me. Case closed and this entire post avoided. The battle looks like it would have been won.

Now could damage be summed up on the other side? No because a judge would have said why did you remove this or pay to change when no proof was ever provided.

Of course all party's should be careful, damages can exist on both sides.

I know this, pwi has no opinion one way or the other. Staff members opinions are there own.


Ron Musgraves text me for questions 480-522-5227 Pressure Washing Institute

 

[Ron Musgraves]

AC there were no over reactions nor anything unprofessional.

We as pressure washing/SoftWashing contractors have a lot invested in the systems we use to clean and how we market them to consumers.I have a system that does SoftWash it's just not one you sell.Yes I have marketed it as soft wash and various other combinations of the words over the years as have others.What compels you to constantly try to and bite the hands that feed you is beyond me.I suspect it's all about ego,but come one man why would you set out to make an entire industry your enemy?

The GOD complex is old and tired play nice and other will as well.Stop threatening people with lawyers and wordmarks and enjoy the success this industry has given you.

See this is just my thoughts, my attorney would have just responded.

Case closed, it wouldn't be expensive either.

If your running a school better have one, insurance and liability are great.

Respectfully Scott Micah is running a school. We all think this is easy, it's not as easy as people make it out to be. I've run a bunch of bad courses. I've faced refunds and have fortunately had no one hurt yet. Nce Carries event insurance. Thankfully no one has been injured.

People think schools are easy, just invite folks and collect cash.

These contractors expect real training now. They are spoiled, they want support after. They want to leave with manuals.

The standards of labor for learning are about gone.


Ron Musgraves text me for questions 480-522-5227 Pressure Washing Institute

 

[Steven Button]

Thread is now closed - Thad brought what is an existing or potential issue for many contractors to light. As the discussion has progressed there has been a push for AC to explain his actions - while his response may or may not have been adequate for those who wanted an explanation, I feel that this particular discussion is finished on PWI.

There have been some issues brought to light in regard to trademarks, word marks, copyright and the like... Perhaps good discussion points for another thread and how they might affect us individually and collectively.

While I don't want to censor discussion in regard to any PWI members, if there is further concern as to AC's business dealings and how they affect your own business - please contact him directly at http://www.softwashsystems.com

Thanks for your understanding and cooperation.

 

[Ron Musgraves]

I have been informed that AC Lockyer has exclusive rights to the word "SoftWash". The New Orleans PW Class will therefore teach, as part of the course, "soft washing" using pressure washers, 12v pumps, and air-powered pumps not "SoftWashing" which is exclusve to AC.

My apologies for any confusion.

We still talking about this ?