These pinheads are fishing to take everyone's temperature.
Steve.... may I suggest placing some sort of liability insurance policy that
addresses patent infringement/trademark issues. Cheapest lawfirm retainer
you'll be able to get. Fusebox.org would then at least get a good defense
out of the deal - possibly, if it came to that.
My experience has been that it would be in the premium range of $1,500 -
$2,000 and would have a $1k-$5k deductible before the defense kicked in -
depending on the carrier selected.
If I was able to do the placement, I would donate 100% of the commission it
generated back towards paying the premium (usually about 10% of gross
premium). I can also point you in the direction of some facilities if you
wanted to handle it directly - but likely they wouldnt give back the 10% :-)
Steve
----- Original Message -----
From: "Steve Nelson" <[EMAIL PROTECTED]>
To: "Fusebox" <[EMAIL PROTECTED]>
Sent: Thursday, November 02, 2000 2:07 PM
Subject: Re: Fusebox.org BAD NEWS.... READ THIS
> They didn't make any demands, but asked if we would be willing to
> relinquish the name.
>
> I told them it would affect a lot of people if I gave up the name, so I
> wasn't ready to do that.
>
>
> They also asked if we change the look of our site to theirs.
>
> I wasn't open to changing the look of the site because I didn't want to
> confuse people into thinking that fusebox.org is a for-profit
> organization associated with fusebox.com.
>
> Steve Nelson
>
> "Janty.com Development Staff" wrote:
> >
> > TMs for fusebox:
> >
> > 1. Computer software for collaborative multimedia authoring and
distribution
> > August 4, 2000
> > Improv Technologies, Inc. CORPORATION DELAWARE 23 East 31st Street 14th
> > Floor Penthouse New York NEW YORK 10016
> >
> > 2. IC 025. US 022 039. G & S: Clothing for adults and children, namely
> > T-shirts, tank tops, golf shirts, denim shirts, sweat shirts, sweat
pants,
> > sweaters, shorts, bike shorts, sports bras, socks and hats. FIRST USE:
> > 19950616. FIRST USE IN COMMERCE: 19950616
> > IC 042. US 100 101. G & S: Computer services, namely designing and
> > maintaining web sites and web pages; developing and customizing computer
> > software and hardware; designing and implementing information
architecture,
> > tracking and analysis tools, intranet and content management tools,
custom
> > applications, e-commerce and auction functions; interactive advertising,
> > database, network and legacy information integration; providing
broadband
> > delivery and hosting functions; designing, developing, providing and
> > syndicating content, including animation, 3D design, realtime streaming
> > media, audio and video programming webcasting and multimedia Consulting
> > services, namely assisting others in internet related business and
creative
> > strategy and financial analysis, brand identification and development,
> > technology and bandwidth planning and management, mixed media
advertising
> > and marketing campaigns, sales and marketing materials, art direction
and
> > design, and competitive website analysis. FIRST USE: 19950616. FIRST USE
IN
> > COMMERCE: 19950616
> > June 5, 2000
> > Fusebox, Inc. CORPORATION NEW YORK 36 West 20th Street New York NEW YORK
> > 10011
> >
> > 3. G & S: computer software for composing, animating, or controlling
> > virtual environments to be used for real time simulation. FIRST USE:
> > 19961201. FIRST USE IN COMMERCE: 19961201
> > October 12, 1999
> > EVANS & SUTHERLAND COMPUTER CORPORATION CORPORATION UTAH 600 Komas Drive
> > Salt Lake City UTAH 84158
> >
> > 4. G & S: computer services, namely, creating and maintaining web sites
for
> > others. FIRST USE: 19950616. FIRST USE IN COMMERCE: 19950616
> > June 9, 1998
> > FUSEBOX, INC. CORPORATION NEW YORK 36 West 20th Street, 8th Floor New
York
> > NEW YORK 10011
> >
> > 1st, only 2 of those belong to your new friends. I wonder if they are
> > harassing the others too? 2nd, the earliest date where I see a
registration
> > filed is June 9, 1998. That aside, I can see their point, but come-on
..
> > bothering a "not-for-profit" site that exists to benefit the web
development
> > community as a whole ... that's so, Microsoft of them.
> >
> > Did they make any demands?
> >
> > Todd Ashworth
> > -----------------------------------------
> > CEO, Janty Corporation
> > www.janty.com - We put the 'u' in music!
> >
> > ----- Original Message -----
> > From: "Steve Nelson" <[EMAIL PROTECTED]>
> > To: "Fusebox" <[EMAIL PROTECTED]>
> > Sent: Thursday, November 02, 2000 3:13 PM
> > 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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> --
> Steve Nelson
> http://www.SecretAgents.com
> Tools for Fusebox Developers
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