The issue of trademark infringement and domain names has been a fuzzy one from the
beginning. And if you've read any of the press on recent disputes, it's still quite
unclear. I'm not a lawyer or expert in this. But I am a part of a corporate bank
and I've been familiar with some of OUR trademark issues.
Here's my suggestions and thoughts:
1) DO seek out your own legal counsel on regarding trademarks. There's really not
much "internet law" out there. Trademark is what rules.
Can't afford legal counsel? Maybe Allaire can help. (It's got to have a few legal
types on hand and has an interest in helping Fusebox.) Or we can chip in. We're not
talking about going to court here. You just need some advice on how to proceed and
some nice letters written on an attorney's letterhead in response (or have an attorney
draft something on YOUR letterhead).
2) Regarding trademark infringement, the issue "Fusebox.com" can bring up is that
Fusebox "the movement" (us) infringes on "their" name. They can't take as much of an
issue with another entity using the "dot org" of the same name. But they can take
issue with another entity in a similar field using the same trademarked name.
If "fusebox.org" was the site for a company that sold soap or electrical equipment or
something else unrelated, "Fusebox.com" wouldn't have much of a case. Owning the "dot
com" does NOT give you the right to "dot net", "dot org" and the who knows how many
other TLDs on the way.
3) DO operate in "good faith" and immediately place a link to "Fusebox.com" from
"fusebox.org" to eliminate any confusion. Offer to work out something equitable and
let them approve of the text or place a small logo if need be. But do something to
eliminate would be confusion in any case.
That's just plain nice, should be done and will weaken their case if it ever comes to
a situation where Fusebox the movement is forced to change its name. But maybe this
move can cause everyone to avoid calling their lawyers.
4) Let's all be civil. There's no need to poop on "Fusebox.com" too harshly yet. But
when the time comes, we can all write them polite but strong letters expressing our
disapproval. The ColdFusion community is a strong one, I bet.
Tom Briscoe
Web Developer, AVP
Compass Bank
[EMAIL PROTECTED]
http://www.compassweb.com/
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