• “A trademark, {often designated by the symbol (TM)}, is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.” ~ [United States Patent and Trademark Office]
When the CanJoe Company of Blountville, TN began operating as a legal and licensed business in the year 1994, there was no other individual, entity, corporation or business anywhere in the world established for the purpose of making and/or for commercially selling the one-stringed “canjo” instruments except those also being made and offered by Herschel R. Brown of North Carolina. Herschel Brown officially originated the prototype instrument design creating the first ever before known anywhere in the world one-stringed “canjo” instrument as it is recognized today and he also coined the name, ‘canjoe’ as the identity of the instrument. The CanJoe Company did not spring up as a separate competitor of Herschel Brown’s business but was instead a fully authorized direct dealer (and also collaborator in the instrument design improvements over time) of Herschel’s original instruments and was actually established with Herschel’s personal and direct assistance along with his personal blessings. Herschel Brown was both a business associate and a very close personal friend and from the very beginning of his ‘discovery’ of the “canjo” creation, he shared it by giving one of his very first, original instruments as a gift to me (CanJoe*John). Herschel’s first comment upon giving it was, “take this out and show it to folks, they’ll love it”. A few days later, upon again seeing Herschel at his shop, my reply to him about his newly created instruments was, “Herschel, people love these things! They’d sell anywhere!”. Well, Herschel certainly had already recognized the commercial potential but he was a very busy building contractor and though he fully intended to and did make his instruments available for commercial sale, mostly as kits at first, he immediately gave his permission and he offered to personally supply full support and the materials necessary for the CanJoe Company to become into existence. The task then of introducing the instruments in to the commercial market was neither easy nor cheap. The earliest years of operating as the CanJoe Company were spent mostly as a vendor attending music festivals and craft shows, paying for marketing (fliers, brochures, cards, advertisement, etc), paying for the vendor & booth fees, travel & accommodation expenses, instrument parts & materials, shop expenses and labor costs, legal fees, licenses, taxes and many other expenses that small businesses require in order to operate. The exclusive right for using the name, “canjoe” or “canjo” to identify to the public the product made, offered and sold as well as to identify the business itself became legally and publicly established by being “first in use” anywhere as well as due many years of hard earned and expensive efforts through first in marketing; making public appearances and by costly advertising. Eventually, now, others have discovered the opportunity possibilities for their potentially making money by offering to the public and selling similar items. Disregarding the legal or ethical considerations and the facts of these products origins, or the many years and great financial expenses that were expended and required in order to establish them as commercial products, others are now putting their own versions on the market using the already established identifying trademark name, “canjo” or “canjoe”, for publicly identifying their copycat items. Some also are currently using already established slogans, similar logo designs and other marketing tools created by the CanJoe Company such as the music tab books that were originally produced by and are still in use by the CanJoe Company. Now, this post is not at all about any “sour grapes” concerning any entity operating as competition in legitimate business but is instead about those who unethically confuse the public by posing as representing the CanJoe Company or even as impostors attempting to physically resemble or to publicly represent themselves as CanJoe*John… and especially those who are boldly calling themselves by similar titles, such as ‘Canjo Anybody Else’ or who are using unearned titles by referring to themselves in public as “the Canjo Man”. Simply this, the CanJoe Company spent many years fording the difficult and costly barriers required in order to introduce a new-to-the-world product and to establish a business. All products (instruments) made and offered by the CanJoe Company are of the very finest and highest quality possible and by virtue of the CanJoe Company’s period as first in commercial existence, by its hard earned and well deserved reputation, and with its vast experience over all others in all aspects of anything called, related to, or associated with the term ‘canjoe’ or ‘canjo’, whether in designing, creating and/or manufacturing and in offering for sale to the public or the marketing of these products, the CanJoe Company is absolutely without reservation the only, anywhere in the world, that produces for sale to the public the “real deal”, authentic one-stringed ‘canjoe’ musical instruments.
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