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This is crazy? Are they serious?
1. Fusebox.org is used in good faith as a forum for the promotion and
development of the fusebox methodology, it is not a web development company
and does not attempt to be or become one. This is why it holds a .org domain
and not a .com
2. The Fusebox.org brand looks nothing like the Fusebox.com brand, and
Fusebox.org makes no attempt to ride off the coat tails of the Fusebox.com
brand so the registered trade mark argument from Fusebox.com is not with
standing. If fusebox.org were to have a similar type face, colours and the
round circle with holes as it's brand then yes they have a point.
3. It's almost impossible to trade mark plain English names. For example if
you wanted to trade mark 'solution' it would have to be supported by a
unique graphic. Even then with the example I've given you would get
objections for sure. You can trade mark names like Kodac and other non-sense
words.
4. So given point 3. It's likely that the Fusebox.com registered trade mark
is their NAME + LOGO in their state (maybe the whole of the US). Trading
marking the word Fusebox would be a total battle as this would disadvantage
the electrical industry and would be turned down by most trade mark
authorities. Geez, being a design company they should know this stuff! (I
know it, because I have spent the last 5 years working in design and
creative agencies)
"...If they do 'bitch' about it, we've got numbers, events, and published
material to back us up..."
This is good point from Michael, (this may vary from state to state) but you
don't actually OWN a trade mark. It's public perception and acceptance of
the Trading Mark that gives you ownership. With 1800 members, a book, white
papers, code, events and promotions. Fusebox.org would achieve ownership if
it were a registered trade mark.
Fusebox.com was registered on 01-Jun-1995. Fusebox.net was registered on
16-Apr-1998. They have had every opportunity to register Fusebox.org. This
has only become a problem since they are going into a marketing campaign.
Fusebox.org can play two ways on this one, Hard Ball, as you Americans say
:) or Play Nice.
Hard Ball: They don't have a successful argument for ownership of the domain
name, it's unlikely a court would award it to them. Obviously Fusebox.org
does not want to end up over court over this one, that would be a waste of
money. However given the hard ball approach this may happen.
Play Nice: Fusebox.org can perhaps help them out by putting a link on it's
home page, explaining they are not the web development company Fusebox.com
for the duration of their promotional campaign. Fusebox.org does not have to
do this and remind them that there are 1800 developers in this organisation
who would rather work with you on this issue than against.
Fusebox.org should brand itself with a unique identity and get this trade
marked, it will provide some limited protect in the future from Fusebox.com.
As a suggestion:
1. Use the Name 'FUSEBOX.ORG' as the name
2. Selection and development of a corporate font to be used in the
FUSEBOX.ORG logo
3. Selection and development of a unique graphic that accompanies the
FUSEBOX.ORG name
4. Document this in a brand identity paper with guidelines on it's usage.
5. Get an IP Lawyer to get this registered US wide.
What the core Fusebox creators have developed here is a fantastic
methodology, it has just saved me from weeks of development time on a
current project and is worth A LOT to me and my company. Fusebox has already
made an positive impact on the economy.
IP rights and arguments are sure to become more frequent in the future, this
is of concern to 'open source' approach to fusebox development.
1. Who owns the IP of Fusebox?
2. How is it governed as an organisation?
We all need to put our skulls together on this one.
--
Malcolm Barclay
Director / E-commerce Architect
Rocket Company Pty Ltd
ACN 093 815 671 | ABN 13 093 815 671
59 Courtney Street
North Melbourne
VIC 3051
Melbourne
Australia
Ph +61 3 9326 3793
Cell +61 (0410) 695 762
e-mail: [EMAIL PROTECTED]
web: http://www.rocketcompany.com
From: Steve Nelson <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
Date: Thu, 02 Nov 2000 15:13:47 -0500
To: Fusebox <[EMAIL PROTECTED]>
Subject: Fusebox.org BAD NEWS.... READ THIS
Resent-From: [EMAIL PROTECTED]
Resent-To: [EMAIL PROTECTED]
Resent-Date: Fri, 3 Nov 2000 09:13:32 +1300
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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To Unsubscribe visit
http://www.houseoffusion.com/index.cfm?sidebar=lists&body=lists/fusebox or
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Content-transfer-encoding: quoted-printable
<HTML>
<HEAD>
<TITLE>Re: Fusebox.org BAD NEWS.... READ THIS</TITLE>
</HEAD>
<BODY>
This is crazy? Are they serious?<BR>
<BR>
1. Fusebox.org is used in good faith as a forum for the promotion and devel=
opment of the fusebox methodology, it is not a web development company and d=
oes not attempt to be or become one. This is why it holds a .org domain and =
not a .com<BR>
<BR>
2. The Fusebox.org brand looks nothing like the Fusebox.com brand, and Fuse=
box.org makes no attempt to ride off the coat tails of the Fusebox.com brand=
so the registered trade mark argument from Fusebox.com is not with standing=
. If fusebox.org were to have a similar type face, colours and the round cir=
cle with holes as it's brand then yes they have a point.<BR>
<BR>
3. It's almost impossible to trade mark plain English names. For example if=
you wanted to trade mark 'solution' it would have to be supported by a uniq=
ue graphic. Even then with the example I've given you would get objections f=
or sure. You can trade mark names like Kodac and other non-sense words.<BR>
<BR>
4. So given point 3. It's likely that the Fusebox.com registered trade mark=
is their NAME + LOGO in their state (maybe the whole of the US). Trading ma=
rking the word Fusebox would be a total battle as this would disadvantage th=
e electrical industry and would be turned down by most trade mark authoritie=
s. Geez, being a design company they should know this stuff! (I know it, bec=
ause I have spent the last 5 years working in design and creative agencies)<=
BR>
<BR>
"...If they do 'bitch' about it, we've got numbers, events, and publis=
hed material to back us up..."<BR>
<BR>
This is good point from Michael, (this may vary from state to state) but yo=
u don't actually OWN a trade mark. It's public perception and acceptance of =
the Trading Mark that gives you ownership. With 1800 members, a book, white =
papers, code, events and promotions. Fusebox.org would achieve ownership if =
it were a registered trade mark.<BR>
<BR>
Fusebox.com was registered on 01-Jun-1995. Fusebox.net was registered on 16=
-Apr-1998. They have had every opportunity to register Fusebox.org. This has=
only become a problem since they are going into a marketing campaign.<BR>
<BR>
Fusebox.org can play two ways on this one, Hard Ball, as you Americans say =
:) or Play Nice.<BR>
<BR>
Hard Ball: They don't have a successful argument for ownership of the domai=
n name, it's unlikely a court would award it to them. Obviously Fusebox.org =
does not want to end up over court over this one, that would be a waste of m=
oney. However given the hard ball approach this may happen.<BR>
<BR>
Play Nice: Fusebox.org can perhaps help them out by putting a link on it's =
home page, explaining they are not the web development company Fusebox.com f=
or the duration of their promotional campaign. Fusebox.org does not have to =
do this and remind them that there are 1800 developers in this organisation =
who would rather work with you on this issue than against.<BR>
<BR>
Fusebox.org should brand itself with a unique identity and get this trade m=
arked, it will provide some limited protect in the future from Fusebox.com. =
As a suggestion:<BR>
<BR>
1. Use the Name 'FUSEBOX.ORG' as the name<BR>
2. Selection and development of a corporate font to be used in the FUSEBOX.=
ORG logo<BR>
3. Selection and development of a unique graphic that accompanies the FUSEB=
OX.ORG name<BR>
4. Document this in a brand identity paper with guidelines on it's usage.<B=
R>
5. Get an IP Lawyer to get this registered US wide.<BR>
<BR>
What the core Fusebox creators have developed here is a fantastic methodolo=
gy, it has just saved me from weeks of development time on a current project=
and is worth A LOT to me and my company. Fusebox has already made an positi=
ve impact on the economy.<BR>
<BR>
IP rights and arguments are sure to become more frequent in the future, thi=
s is of concern to 'open source' approach to fusebox development. <BR>
<BR>
1. Who owns the IP of Fusebox?<BR>
2. How is it governed as an organisation?<BR>
<BR>
We all need to put our skulls together on this one.<BR>
<BR>
-- <BR>
Malcolm Barclay<BR>
Director / E-commerce Architect<BR>
Rocket Company Pty Ltd<BR>
ACN 093 815 671 | ABN 13 093 815 671<BR>
<BR>
59 Courtney Street<BR>
North Melbourne<BR>
VIC 3051<BR>
Melbourne<BR>
Australia<BR>
<BR>
Ph +61 3 9326 3793<BR>
Cell +61 (0410) 695 762<BR>
<BR>
e-mail: [EMAIL PROTECTED]<BR>
web: http://www.rocketcompany.com<BR>
<BLOCKQUOTE><BR>
<B>From: </B>Steve Nelson <[EMAIL PROTECTED]><BR>
<B>Reply-To: </B>[EMAIL PROTECTED]<BR>
<B>Date: </B>Thu, 02 Nov 2000 15:13:47 -0500<BR>
<B>To: </B>Fusebox <[EMAIL PROTECTED]><BR>
<B>Subject: </B>Fusebox.org BAD NEWS.... READ THIS<BR>
<B>Resent-From: </B>[EMAIL PROTECTED]<BR>
<B>Resent-To: </B>[EMAIL PROTECTED]<BR>
<B>Resent-Date: </B>Fri, 3 Nov 2000 09:13:32 +1300<BR>
<BR>
</BLOCKQUOTE><BR>
<BLOCKQUOTE><TT>Everyone, listen up... we've got an issue at hand wit=
h Fusebox.org that<BR>
I do not know how to handle, so I am asking for everyone's wisdom.<BR>
<BR>
I just received a rather negative call from Fusebox.COM (note the .com)<BR>
saying that we as fusebox.org are stepping on their brand name. Here<=
BR>
are their issues:<BR>
<BR>
1. They are a web development consulting company, they do everything<BR>
from graphics to programming (including CF)<BR>
2. They have owned the trademark to "Fusebox" since 1995<BR>
3. They are about to go on a big marketing push and are concerned that<BR>
people will confuse fusebox.com with .org<BR>
4. They claim to have a development methodology for building web sites. &nb=
sp;<BR>
http://www.fusebox.com/fb_pages1/main2.cfm?s=3Dservices&c=3Dservices<BR>
(note, they have left out testing) ;)<BR>
<BR>
I responded with these points:<BR>
<BR>
1. We are a free organization that anyone can belong to, and have been<BR>
around since 1998<BR>
2. We do not directly make any money. Everything is donated. Th=
us we<BR>
couldn't directly take money away from them<BR>
3. We did not put up fusebox.org to try and draw people away from<BR>
fusebox.com, that has never<BR>
been our intention and never will be<BR>
4. We have over 1800 people that are active users in our process, many<BR>
of which whom have built<BR>
their business plans around these ideas, changing the name would<BR>
directly affect those companies. <BR>
<BR>
Nothing has been resolved yet, I would like to hear as many people's<BR>
opinions and suggestions on this as possible. All I know is that I'm<=
BR>
ready and willing to fight this all the way to the end.<BR>
<BR>
Why? Because of this quote I just got through ICQ WHILE i was writing=
<BR>
this email (no kidding)<BR>
<BR>
"Just have to tell you that Fusebox is making my life so much easier.<=
BR>
Just finished a small project in 8 hours. Something that would have<BR>
taken me 20 - 30 hours 2 months ago." - Michael Slatoff<BR>
<BR>
Let's talk about this, and see if we can come up with something to offer<BR=
>
them. <BR>
<BR>
Steve Nelson<BR>
http://www.SecretAgents.com<BR>
Tools for Fusebox Developers<BR>
---------------------------------------------------------------------------=
---<BR>
To Unsubscribe visit http://www.houseoffusion.com/index.cfm?sidebar=3Dlists&a=
mp;body=3Dlists/fusebox or send a message to [EMAIL PROTECTED]=
with 'unsubscribe' in the body.<BR>
</TT></BLOCKQUOTE><TT><BR>
</TT>
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