Cease & Desist

[britishangel]

{I misread the post please read apology below}

 

[timechange.com]

[edit]

 

[britishangel]

{Edited because i was mean again }

 

[timechange.com]

[edit]

 

[timechange.com]

[edit]

 

[arpmn]

2003's question was this:
"What is the proper process if I want to send a cease & desist letter for trademark infridgement? I want to be able to be taken seriously the first time so it has to be bold and firm."


Not: Do you think I have a case?

If people just stuck to the topic in question this wouldn't be a 3 page post. 2003 has a trademark he wants to protect and he has a right to do that no matter what the outcome is. He went through the process and expense of getting a trademark to protect his interests why shouldn't he try to enforce it? He might win, he might loose but that is beside the point he just asked for help on how to send a C&D letter instead everyone is jumping on his case.

 

[timechange.com]

Thanks arpmn.

It got out of hand folks, I am sorry for the tone of my replies to britishangel, to whom I have apologized in private.

That said, I request this thread to be locked.

 

[namedropper]

Originally posted by arpmn
If people just stuck to the topic in question this wouldn't be a 3 page post.

If we just answered the question as asked, it would be tacit approval of what appears to be a gross misinterpretation of how trademark law works.

2003 has a trademark he wants to protect and he has a right to do that no matter what the outcome is.

He has a right to protect his trademark, not to try to threaten other people who happen to use common English words in a totally non-infringing and common way just because they happen to rank higher on Google for the term.

He went through the process and expense of getting a trademark to protect his interests why shouldn't he try to enforce it?

You might as well be asking why we'd be upset if Microsoft tried to force all of us to refer to the panes of glass in the walls of our houses as something other than windows because they thought they were just trying to enforce their interests.

Abuse of intellectual property laws is wrong, whether it's a poster here putting the squeeze on another site or a big corporation trying to reverse cybersquat a domain. If you complain about one you should complain about the other.

 

[timechange.com]

Spoken like a true Liberal, with the pockets of a Conservative.

Enough white noise, namedropper. Drop it already.

 

[arpmn]

I'm pretty new here but all I was saying is that in my opinion this post was hijacked and turned into this deep philosophical debate on the merits of a trademark infringement when all 2003 wanted was advise on how to write C&D letter not whether or not he should but I guess this makes the post more lively maybe this thread should have been split in two. Anyway good points all around.

 

[namedropper]

Originally posted by 2003
Yes, I am looking for suggestions about whether my case holds water,

That was in your fourth post to this thread.

You asked for input, so it certainly is on topic for people to respond. But then maybe I should keep itstraight to the point:

Your case doesn't hold water.

Enough said.

 

[timechange.com]

Dan, are you a paralegal, a lawyer, a bailiff even?

I doubt it.

Please offer your opinion when it counts. Your sociological approach to my question does not interest me in the least.

 

[namedropper]

Nope, not a lawyer... just obviously a whole lot better read on trademarks than you are. I took classes on communication law in college and have been involved in the publishing field both digitally and in print for more than 10 years now. I know my stuff more than some yokel off the street, that's for sure.

My approach is not a sociological approach, it's a legal approach. As in what the trademark laws say. Understand?

Trademarks on common phrases used as a business name in a certain field cannot prevent others from using the term for its common usage.

If we were talking about another company trying to use "Time Change" for their name of business for web design or graphics so that it confuses people, then you'd have a case. Someone printing up cards reminding people to change their clocks is so incredibly not a case it's not even funny.

 

[timechange.com]

Originally posted by namedropper
Nope, not a lawyer...

Answers my question beautifully. Thank you. The rest is simply signs of a Robin Hood syndrome.

 

[namedropper]

Just posting legal information in the Legal Issues forum. Sorry if that bugs you.

 

[timechange.com]

What bugs me is your self-proclaimed expertise on something you are not linked to by profession. Read back what the subject of the thread is; the rest is just idle chatter from people who feel compelled to step in for reasons of their own.

My questions have been answered; you're solely posting for your own entertainment.

 

[flipsix]

Originally posted by 2003


They don't use it for web design services, but it's irrelevant. I have a registered trademark and they don't.

Actually thats highly relevant. They need to be causing confusion in order to be infringing you. So if they are selling a watch called Time Change, they

1. Because its not a similar product its not an infringment
2. The space between time and change might be big factor.

Hope this helps,

Alicia

 

[ObtainADomain]

I think we need to make a public apology to Drewbert for not defending him soon enough. Whether Drewbert is Mexican or not is irrelevant as there are many Latin American members of this forum (2003 read from his profile that he was from Mexico, and assumed he was Mexican, in reality, he's not). All races are welcome to post on this board without being attacked with racial slurs. These are the comments I'm referring to found in Page [1] of this thread:

[QUOT E]Originally posted by 2003
At least I am not a FilthyLazyMexican

I like the "when I grow up" part. Chances are that I started drinking tequila before Drewbert let go of his madre's teat
And I always chew on the worm.
[/QUOTE]

Was 2003 "just joking"? I hope so but if we tolerate racial "jokes" then any member who posts racial slurs can say they were "just joking."

Did Drewbert deserve these racial slurs because he said: "Sounds like you're practicing to be a FatCorporateBastard when you grow up," ? No, Drewbert made no derogatory marks about 2003's race. You have a choice of being a FatCorporateBastard, you have no choice of what race you were born into.

Would anyone have tolerated his remarks if he had used the "N" word or made a Jewish slur? Nope, moderators and fellow members would have been all over him.

Do we have rules against such remarks? You bet: "Do not post content that is obscene or otherwise objectionable."

Do I think 2003 should be punished or kicked off the board? No, a warning from a moderator would suffice. I have nothing against 2003. In fact, I think he adds excitement to the board as this thread has sure brought in a lot of heart-felt responses and some great discussion.

No one here knows 2003 enough to judge whether he is a racist and I sincerely doubt that he is. He just needs to refrain from jokes like this.

 

[timechange.com]

ObtainADomain, all is fair in love and war.

Now, do I regret the comments I made? Of course I do.

When it comes down to a sharp-tongued repartee, I am quick to the trigger.

 

[Drewbert]

Thankyou ObtainADomain.

I must admit I was a bit shocked by his reply to my first post on the topic.

What I find interesting, is that he appears to have NO INTEREST in opposing viewpoints, even to the extent of wanting the thread to be "shut down" when things aren't going his way.

Just the sort of person you DON'T want working as a censor or a judge.