> 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.
Well, the main problem is that 'real world' trademarks provide for
differentiation from other trademarks. For example: Sony electronics are
easily differentiated from Sony toilet tissue (if such a product existed).
The Internet provides enough ambiguity that this becomes a problem.
> This is good point from Michael, (this may vary from state to state) but
you
> don't actually OWN a trade mark.
The US courts have determined that no one actually owns a domain name
either. All it takes to shut a particular domain name down is a letter to
NSI/ICANN/Whomever, alleging a trademark infringement and the registrar can
shut the site off until the "defendant" takes the alleger to court, or until
the end of time! This is built into every domain name registration TOS, and
it sucks, but it happens, so tread lightly!
> 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
A saving grace. Note the case where the singer, Sting, lost to the guy who
owns Sting.com. WIPO ruled that since Sting never tried to TM his name and
since "sting" is a common word, then the didn't have any legal recourse. If
things get ugly, this is a precedent that Fusebox.org might be able to fall
back on.
> 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 Kodak and other
non-sense
> words
Not completely true .. look at Madonna.com .. she trademarked that common
word and she won! Also, try to trademark some variations of Kodak for
Internet use and you might be surprised ;)
> 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:
Agreed. Other companies have been successful in trademarking domain names.
With the state of the patent/trademark office, you could probably get away
with it ;) That would 0 the chances of them winning, though not from taking
this to court and winning by draining the defendant of legal defense funds
:(
> 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.
Doesn't matter to WIPO or the US Gov. who's pockets are lined by big
business.
> 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.
This might be the best approach, but not the most 'desirable since they are
being wankers about the whole thing and started off by being
confrontational. I'm sure we'd all like to see them wallow in pity ;)
> 1. Who owns the IP of Fusebox?
> 2. How is it governed as an organisation?
It doesn't matter *that much* in domain name dispute resolutions on its own,
in my experience .. but it will definitely be enough to sway any decisions
in a strong case, which I feel Fusebox.org has. I would suggest approaching
Fusebox.com in this respect and try to reach a mutually agreeable
resolution. I know it might not be as gratifying as burying them in the
ground, but it's best for all :)
Todd Ashworth
CEO/Lead web developer, Janty Corporation
www.janty.com, We put the `u` in music!
------------------------------------------------------------------------------
To Unsubscribe visit
http://www.houseoffusion.com/index.cfm?sidebar=lists&body=lists/fusebox or send a
message to [EMAIL PROTECTED] with 'unsubscribe' in the body.
