THis bites big time. The problem with trademarks is that they're
enforceable when there's a chance that "a consumer confusion" can result.
If they've trademarked their name since 1989, which is what their website
says, then you could have a fight on your hands. It's definitely going to
be necessary to get an attorney's advice, and I'd suggest seeing what Hal
can do as far as recruiting any support from Allaire. Fusebox is getting to
be a big community and backer of the company, and they might have some input
as to what direction you should go.
While Fusebox is really an idea rather than a company name, it might give
you some wiggle room. At the very least, if something happens to force a
name change, get money out of them. A court battle could be very costly for
any company, and they'd probably rather pay you off than go through
litigation. That being said, it might generate money to promote Fusebox in
some other incarnation...
But that's getting ahead of the issue. You might be totally ok with using
the name, and I don't think that they can do anything about you using the
domain name, because I think you're grandfathers past any legislation
protecting domain name owners.
An attorney is your best bet. Anyone out there who's well-versed in
Internet Law? GOt someone who is on retainer?
<CFUG-SFL Manager>
-Kev
</CFUG-SFL Manager>
> -----Original Message-----
> From: Steve Nelson [mailto:[EMAIL PROTECTED]]
> Sent: Thursday, November 02, 2000 3:14 PM
> To: Fusebox
> Subject: Fusebox.org BAD NEWS.... READ THIS
>
>
> Everyone, listen up... we've got an issue at hand with Fusebox.org that
> I do not know how to handle, so I am asking for everyone's wisdom.
>
> I just received a rather negative call from Fusebox.COM (note the .com)
> saying that we as fusebox.org are stepping on their brand name. Here
> are their issues:
>
> 1. They are a web development consulting company, they do everything
> from graphics to programming (including CF)
> 2. They have owned the trademark to "Fusebox" since 1995
> 3. They are about to go on a big marketing push and are concerned that
> people will confuse fusebox.com with .org
> 4. They claim to have a development methodology for building web sites.
> http://www.fusebox.com/fb_pages1/main2.cfm?s=services&c=services
> (note, they have left out testing) ;)
>
> I responded with these points:
>
> 1. We are a free organization that anyone can belong to, and have been
> around since 1998
> 2. We do not directly make any money. Everything is donated. Thus we
> couldn't directly take money away from them
> 3. We did not put up fusebox.org to try and draw people away from
> fusebox.com, that has never
> been our intention and never will be
> 4. We have over 1800 people that are active users in our process, many
> of which whom have built
> their business plans around these ideas, changing the name would
> directly affect those companies.
>
> Nothing has been resolved yet, I would like to hear as many people's
> opinions and suggestions on this as possible. All I know is that I'm
> ready and willing to fight this all the way to the end.
>
> Why? Because of this quote I just got through ICQ WHILE i was writing
> this email (no kidding)
>
> "Just have to tell you that Fusebox is making my life so much easier.
> Just finished a small project in 8 hours. Something that would have
> taken me 20 - 30 hours 2 months ago." - Michael Slatoff
>
> Let's talk about this, and see if we can come up with something to offer
> them.
>
> Steve Nelson
> http://www.SecretAgents.com
> Tools for Fusebox Developers
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