Interesting results:
Do a generic google search for BMC - you will find lots of companies
that use BMC to describe themselves.
Also try googling...
inurl:bmc.com inurl:www.
Then try:
inurl:remedy.com inurl:www.
-John
On Jun 24, 2009, at 12:09 PM, William Rentfrow wrote:
**
I know this is the case right now and is covered under fair use but I
don't think there's been a good test case so far.
In any case...that's kind of outside the scope of this conversation.
I just wanted people to be aware of the risks.
William Rentfrow
Principal Consultant, StrataCom Inc.
[email protected]
O 715-592-5185
C 715-410-8056
From: Action Request System discussion list(ARSList) [mailto:[email protected]
] On Behalf Of Pierson, Shawn
Sent: Wednesday, June 24, 2009 11:30 AM
To: [email protected]
Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-
Themed Internet Domains for Sale or Lease
**
This is not always the case. For example, if someone registered
“remedysucks.com” and used it to sell T-shirts with smart alec quips
about things they don’t like about Remedy, I think it would be legal
under the first amendment. In that case, they are mocking the
product, which is a form of parody, which is legally protected. Where
they could get in trouble is like you state, if they tried to do
something that could potentially water down the public image of BMC
and their products in a way that consumers would not be able to tell
whether the site was owned by BMC or not. Additionally,
cybersquatting is and has been illegal in certain contexts dealing
with trademarks like you stated, so if BMC felt that they had a case
they could either take the owner of those domains to court.
Shawn Pierson
From: Action Request System discussion list(ARSList) [mailto:[email protected]
] On Behalf Of William Rentfrow
Sent: Wednesday, June 24, 2009 10:52 AM
To: [email protected]
Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-
Themed Internet Domains for Sale or Lease
**
The FTC forbids using registered trademarks in domain names for
commercial websites unless you are the owner of the trademark.
Period. If you use one of these it is quite possible (no idea how
likely...) you would get a registered, hand delivered piece of mail
telling you to cease and desist, courtesy of BMC's legal department.
This does not apply to non-commercial usage.
Let's say you grabbed "Remedyusergroup.com" domain though to put up a
national user group. For any of use who make our living in the Remedy-
related world you would have a very hard case showing the split
between where you earned your living and where you didn't make any
money off of this - especially if you had your corporate website in
your signature like mine below.
Furthermore, the entire problem - even if it was sorted out to your
advantage - would probably involve the other party's lawyers,
government lawyers, and your own lawyers. The costs alone could
easily sore into the six figures in a very short period of time.
For me the use of any trademark I do not own is an unnacceptable
risk. Using the Scott Adams equation: A bad idea is any idea with a
limited upside and a huge potential downside.
William Rentfrow
Principal Consultant, StrataCom Inc.
[email protected]
O 715-592-5185
C 715-410-8056
From: Action Request System discussion list(ARSList) [mailto:[email protected]
] On Behalf Of Sanford, Claire
Sent: Wednesday, June 24, 2009 9:59 AM
To: [email protected]
Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-
Themed Internet Domains for Sale or Lease
**
If Remedy had remained a stand alone company, those prices MAY be
justified. As it is... he has been paying to maintain the domain
names for however long he has had them for no real reason.
I understand that Bing is a well known and respected member of the
Remedy community, but what he is asking for the names is extreme for
something that is in a sense being "retired" in the corporate naming
world. I would be willing to bet that in the next 4 or 5 years, the
name "Remedy" will disappear for "BMC" whatever.
We are the Cult Of Remedy, not BMC! ;)
Claire
From: Action Request System discussion list(ARSList) [mailto:[email protected]
] On Behalf Of Daniel Bloom
Sent: Wednesday, June 24, 2009 9:10 AM
To: [email protected]
Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-
Themed Internet Domains for Sale or Lease
**
Hi Susan,
Exactly my point, he should just hand over the .org URLs since they
are theoretically non-commercial in nature.
... Daniel
From: Action Request System discussion list(ARSList) [mailto:[email protected]
] On Behalf Of Susan Palmer
Sent: June 23, 2009 10:36 PM
To: [email protected]
Subject: Re: Attention BMC/Remedy Partners and Resellers :: Remedy-
Themed Internet Domains for Sale or Lease
**
I do own www.RemedyUserGroups.com which Matt hosts and uses for all
user groups that are interested. Matt does all the work !!
Susan
On Tue, Jun 23, 2009 at 8:48 PM, Daniel Bloom <[email protected]>
wrote:
**
Hi Bing,
Well instead of being a cyber capitalist come on down to WWRUG09 and
auction off the URLs
and donate the proceeds to charity.
Hmm, RemedyUserGroup.org, think that is really ARSlist and WWRUG??
(or perhaps Matt Reinfeldt would like to claim it since he hosts a
bunch).
Hand it over bud :-)
... Daniel
From: Action Request System discussion list(ARSList) [mailto:[email protected]
] On Behalf Of Bing
Sent: June 23, 2009 10:07 AM
To: [email protected]
Subject: Attention BMC/Remedy Partners and Resellers :: Remedy-Themed
Internet Domains for Sale or Lease
**
Over the past few years ITM3 California has quietly amassed a
collection of Remedy-themed internet domains. But since our business
is growing in decidedly non-Remedy areas, we've decided to sell or
lease most these domains.
Some of the more interesting .com domain names include:
RemedyAdministrator.com
RemedyAdviser.com
RemedyAdvisor.com
RemedyConsulting.com
RemedyDeveloper.com
RemedyInsider.com
RemedyIntegrator.com
RemedyPartner.com
RemedyPros.com
Current asking price is $500 lease per year per domain of your choice,
or $2,500 for purchase. The entire bundle is currently priced at
$2,000 lease per year, or $9,000 for purchase. (Considering the
additional revenue/margin you could produce using these domain names
using a clever marketing plan, your return on investment should be in
weeks, not years.)
At one time we also planned to create a national Remedy User Group
registry and quietly acquired the following "premium" .org domains:
RemedyUserGroup.org
RemedyUsersGroup.org
Current asking price is $4,000 lease per year for both domains, or
$19,000 for purchase. (Imagine the marketing power and prestige of
being able to create a national register of local user groups! Rarely
does such an opportunity fall in your lap.)
-- Bing
Bradford Bingel ("Bing")
[email protected] (email)
925-260-6394 (mobile)
p.s. Apologies in advance to anyone offended by this blatantly
capitalistic message. And if you're really offended, call and I'll
describe the discounts and complimentary services we provide to non-
profit organizations, and the charitable donations we give to non-
profits and higher education each year.
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