Master Inspector?

Hey Nick,

I have a competitor in my area that is advertising himself as a master inspector. I think he belongs to the American Institute of Inspectors and he is not a CMI.

I guess its ok to call yourself a “Master Inspector” but not a “Certified Master Inspector”.

Can someone let me know if that’s right?

Sure it is OK and cheaper to.

Email me his info so Mark can sue him. Mark Cohen has shut down his law practice and will become a member of InterNACHI’s full-time staff this spring. I’m gathering up projects for him: http://www.nachi.org/forum/f14/international-association-certified-home-inspectorss-legal-department-provide-members-slew-new-benefits-services-87725/#post1129603

:D:D

I can assure you… it won’t be cheaper. LOL

Which words do you think you own ?
Master or Inspector ? :slight_smile:

Nick…sick Mark after these outfits.

Dale writes:

No, our international Trademarks rightfully don’t protect the acronym outside of the inspection industry. This is true for all Trademarks. Trademarks protect the mark and the space around it, but only within its industry.

For example, you are free to use the word Apple in any industry you want (save one). You could have an Apple Car Company or an Apple Painting Company or even an Apple Inspection Company (those aren’t deceptively similar to any existing mark)… but you aren’t free to form the Apple Computer Company.

See: http://acronyms.thefreedictionary.com/IBM

or: http://acronyms.thefreedictionary.com/NFL

or: http://acronyms.thefreedictionary.com/bbb

Even as a Nachi Fanboy I do not see any intent to confuse potential clients by using the words Master Inspector unless they included the term Certified Master Inspector.
Master of anything is a generic term such as Master Carpenter.
Something tells me Master Inspector actually sounds more impressive than CMI and you would have used that if not for the fact Certified is what makes it more of a trademark*

Now if the guy is using a logo with the same colors,shape,etc and is trying to confuse the public that is another story.

The merits of our infringement claim are no matter. His defense costs will likely bankrupt him. Trademark infringement is a federal case.

Agreed Nick. It would be different if they had this in existence before you but to pull it out at the same time is likely going to land them a hefty court fee.
Going to the website there is not one word about Master.
This is interesting also!
http://www.inspection.org/index.php?option=com_content&view=article&id=87&Itemid=159
The Coldwell Banker office in one community gives every buyer a choice of** three different inspectors **- all of them Members of A.I.I.™ This kind of access takes time and a history of consistent performance. Once the broker becomes familiar with an A.I.I.™ member’s professional inspections, it is not uncommon to have the office broker endorse A.I.I.™ Members as “recommended” inspectors.

Trademarks are funny things. If you don’t defend them, you can lose them. Your rights to a mark come with legal responsibilities and one of those responsibilities is to go after those who infringe on your mark.

These aren’t my rules, I just play by them.

Ask him to remove if you have legal means to do so. If he refuses fine take his shirt to the cleaners. Most of us are simple hard working one man shows and using the strong arm approach taking down the ma and pa operations in my opinion will not get the publicity your looking for. I know your a good man call him first.

Billy, I can see why you want Nick to be “soft” on the guy. I noticed you have become an “official” member of CMI, I guess in the last few weeks.

I remember about 1 1/2 ago You were “illegally” displaying the CMI logo on your website before someone reported it. Your response was you were “pre-approved” before you removed the logo.

Chris I jumped the gun last time by assuming I had enough credit for CMI. When asked I didn’t feel like digging everything up so I took it off and finally got around to doing so. At any rate quit reading in the wrong direction when reading my post. I didn’t say to go soft. I said if he refuses then take his shirt if legally Nick can do so. Nick owns the rights and has every right to the name. All I’m saying no need to send people a lawsuit especially since the guy might never of heard of Nick’s CMI in the first place. That’s all I’m saying. Give the guy a chance to make it right. No one is perfect. Your a good inspector why don’t you become a CMI?

Exactly…
The Courts are generally not Favorable to those that clearly and intentionally violate a registered service trademark.

Nick will send a letter first. I have report inspectors to him before.

Thanks Nick for taking care of this.

One main reason is because of what you said.

I’m a softy, the courts are an absolute last resort for me.

As Joe Hagarty pointed out, the federal courts have ulterior motives for coming down hard on trademark infringement because the U.S.P.T.O. is a government agency. I voluntarily dropped a trademark case out of mercy when the judge, just out of the blue, told the defendant to settle with me or face a $400,000.00 judgement. The feds don’t play. Don’t believe me? Rob a bank and you’ll discover that your cellmates who were found guilty of murder are going do less time than you do.