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He Says He Owns the Word 'Stealth' (Actually, He Claims 'Chutzpah,' Too) --NY Times (registration required)
By COLIN MOYNIHAN
Can a man own a word? And can he sue to keep other people from using it?
Over the last few years, Leo Stoller has written dozens of letters to companies and organizations and individuals stating that he owns the trademark to "stealth." He has threatened to sue people who have used the word without his permission. In some cases, he has offered to drop objections in exchange for thousands of dollars. And in a few of those instances, people or companies have paid up.
"If a trademark owner doesn't go up to the plate each day and police his mark, he will be overrun by third-party infringers," Mr. Stoller, a 59-year-old entrepreneur, said in a telephone interview from his office in Chicago. "We sue a lot of companies."
Mr. Stoller owns and runs a company called Rentamark.com, which offers, among other things, advice on sending cease-and-desist letters and Mr. Stoller's services as an expert witness in trademark trials. Through Rentamark, Mr. Stoller offers licensing agreements for other words he says he owns and controls, such as bootlegger, hoax and chutzpah, and sells t-shirts and other merchandise through what the Web site calls its "stealth mall."
He is currently in a legal dispute with Sony's Columbia Pictures unit over a film that opens late this month. It is about elite Navy pilots and titled - what else? - "Stealth."
Mr. Stoller said he first registered "stealth" as a trademark in 1985 to cover an array of sporting goods. But in recent years, "stealth" has become widely used in marketing and branding circles to bestow a sense of the subliminal or the subversive or to convey an aura of lurking power.
Companies including the retailer Kmart and the consumer electronics maker JVC have stumbled into Mr. Stoller's territory and have removed "stealth" from their Web sites after hearing from him. Another electronics maker, Panasonic, omitted the word from a product called the "stealth wired remote zoom/pause control" after receiving one of Mr. Stoller's letters.
"If you can solve problems without going to court you're better off," said Russell J. Rotter, a lawyer for Panasonic, a division of Matsushita.
The best-known stealth brand may be the military's B2 stealth bomber, whose main contractor, Northrop Grumman, has fought Mr. Stoller to something of standoff. In 2001, the company paid Mr. Stoller $10 and agreed to abandon its trademark applications to use "stealth bomber" in spinoff products like model airplanes and video games. In return, Mr. Stoller agreed not to oppose Northrop's use of "stealth" in aircraft or defense equipment.
"We resolved it in a way that achieved our business purposes without in any way agreeing that Mr. Stoller's assertions were correct," said Tom Henson, a Northrop Grumman spokesman.
Trademark owners can obtain the right to use a word for commercial purposes and then to prevent others from seeking to use the same word for similar commercial purposes. For instance, the Delta Faucet Company, which has trademarked "Delta," could prevent another faucet company from adopting the name. But it cannot object to Delta Airlines because the two companies' products are not likely to be confused with one another.
A search of United States Patent and Trademark Office records found that Mr. Stoller and companies that share a Chicago post office box with him - Central Mfg., Stealth Industries, and S. Industries - hold at least two dozen registered trademarks for "stealth," covering such diverse products and services as crossbows, pool cues and insurance consultations.
Mr. Stoller said that he also held and administered as many as two dozen other "stealth" trademarks, and insisted that his close association with the word gave him special rights.
"We're entitled to own it with all goods and services," he said. "We were there first."
Some companies do recognize his rights to some uses of the word.
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