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They've had the fusebox.com name since June 1, 1995. Of note, they also have the
fusebox.net registered. They did this on April 16, 1998. Fusebox.org was registered on
April 8, 1998.
The trademark was officially registered on June 9. 1998. The filing date was March 3,
1997. Here's my opinion on this (again, not a lawyer): It seems to me that they
registered the
.net address with the intent of having all of the domains. When they registered it,
they should have seen that the .org was already taken. They could have contacted
whoever was
responsible for registering the .org domain then and worked something out. If they
couldn't register .org back then because the law prevented it (i.e., they weren't a
not-for-profit
organization), then I believe that law would protect the fusebox.org domain name
because it was registered with the intent of not-for-profit and is in no way taking
commercial
business away from the owners of fusebox.com or .net. Even if the law wasn't around
then, the fact that they registered the .net domain in close proximity, but after, the
.org
registration, proceedings should have taken place on their side to get their matter
resolved, especially with the pending trademark request. I really do not think they
have any
grounds for legal action. They may use ColdFusion for their development, but they are
not an Allaire Alliance Partner, whereas the fact that the fusebox.org community has a
relationship with Allaire (just look at the upcoming conference) is a major bonus for
fusebox.org. Again, just my thoughts,
Phil
Phil Duba
Software Developer
IDE Applications
Lockheed Martin NE&SS - Surface Systems
(856) 787-3657
Jeremy Allen wrote:
> I dont think the name changei s recent they have had it at least
> three years, as this is how long ago they were filing for trademarks.
>
> I think the impotant thing is that they have spoken with a
> lawyer and he said they dont have a chance.
>
> Jeremy
>
> -----Original Message-----
> From: Sean Blenkhorn [mailto:[EMAIL PROTECTED]]
> Sent: Friday, November 03, 2000 8:47 AM
> To: Fusebox
> Subject: RE: Fusebox.org BAD NEWS.... READ THIS
>
> This company is simply tyring to get this domain to drive up traffic to
> their site and use what Fusebox.org has built in the last few years. I
> think this is very evident from what they have done (their recent name
> change, and this bogus fight for our domain name).
>
> What we should do is sit back and wait for a letter from their lawyers. If
> we want to start anything, one thing we could do, as mentioned before is
> throw up a list on Fusebox.org to ask every member to add their names to the
> petition and whether their company (the one which they represent) is willing
> to put their names on the list as well... my guess is that we would have a
> very daunting list that no New York company would want to fight. And we
> definitely could get Allaire's support on this.
>
> But like I said... you will probably never hear from their "lawyers". If
> you do... tell me where to mail my cheque for the defense fund.
>
> Sean
>
> -----Original Message-----
> From: Steve Nelson [mailto:[EMAIL PROTECTED]]
> Sent: Thursday, November 02, 2000 5:44 PM
> To: Fusebox
> Subject: Re: Fusebox.org BAD NEWS.... READ THIS
>
> Hal spoke with a lawyer and they said Fusebox.com doesn't have any
> grounds to stand on because we were not stealing business from them nor
> did we put the site up in bad faith.
>
> It's going to take a lot of research, and maybe even a legal fund to
> fight this. I'm ready to put my own personal money into it, I just hope
> it doesn't come to that.
>
> Steve
>
> Shane Witbeck wrote:
> >
> > Steve,
> >
> > I suggest talking with a lawyer just to see if they actually have any
> legal grounds of taking action against Fusebox.org. To my knowledge there is
> no relation between a Trademark and a domain name. Best of luck.
> >
> > Shane Witbeck
> >
> > ---------- Original Message ----------------------------------
> > From: Steve Nelson <[EMAIL PROTECTED]>
> > Reply-To: [EMAIL PROTECTED]
> > Date: Thu, 02 Nov 2000 15:13:47 -0500
> >
> > >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
> >
> >---------------------------------------------------------------------------
> ---
> > >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.
> > >
> > --------------------------------------------------------------------------
> ----
> > To Unsubscribe visit
> http://www.houseoffusion.com/index.cfm?sidebar=lists&body=lists/fusebox or
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> the body.
>
> --
> Steve Nelson
> http://www.SecretAgents.com
> Tools for Fusebox Developers
> ----------------------------------------------------------------------------
> --
> To Unsubscribe visit
> http://www.houseoffusion.com/index.cfm?sidebar=lists&body=lists/fusebox or
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>
> ----------------------------------------------------------------------------
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>
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They've had the fusebox.com name since June 1, 1995. Of note, they also
have the fusebox.net registered. They did this on April 16, 1998. Fusebox.org
was registered on April 8, 1998. The trademark was officially registered
on June 9. 1998. The filing date was March 3, 1997. Here's my opinion on
this (again, not a lawyer): It seems to me that they registered the .net
address with the intent of having all of the domains. When they registered
it, they should have seen that the .org was already taken. They could have
contacted whoever was responsible for registering the .org domain then
and worked something out. If they couldn't register .org back then because
the law prevented it (i.e., they weren't a not-for-profit organization),
then I believe that law would protect the fusebox.org domain name because
it was registered with the intent of not-for-profit and is in no way taking
commercial business away from the owners of fusebox.com or .net. Even if
the law wasn't around then, the fact that they registered the .net domain
in close proximity, but after, the .org registration, proceedings should
have taken place on their side to get their matter resolved, especially
with the pending trademark request. I really do not think they have any
grounds for legal action. They may use ColdFusion for their development,
but they are not an Allaire Alliance Partner, whereas the fact that the
fusebox.org community has a relationship with Allaire (just look at the
upcoming conference) is a major bonus for fusebox.org. Again, just my thoughts,
<p>Phil
<p>Phil Duba
<br>Software Developer
<br>IDE Applications
<br>Lockheed Martin NE&SS - Surface Systems
<br>(856) 787-3657
<p>Jeremy Allen wrote:
<blockquote TYPE=CITE>I dont think the name changei s recent they have
had it at least
<br>three years, as this is how long ago they were filing for trademarks.
<p>I think the impotant thing is that they have spoken with a
<br>lawyer and he said they dont have a chance.
<p>Jeremy
<p>-----Original Message-----
<br>From: Sean Blenkhorn [<a
href="mailto:[EMAIL PROTECTED]">mailto:[EMAIL PROTECTED]</a>]
<br>Sent: Friday, November 03, 2000 8:47 AM
<br>To: Fusebox
<br>Subject: RE: Fusebox.org BAD NEWS.... READ THIS
<p>This company is simply tyring to get this domain to drive up traffic
to
<br>their site and use what Fusebox.org has built in the last few years.
I
<br>think this is very evident from what they have done (their recent name
<br>change, and this bogus fight for our domain name).
<p>What we should do is sit back and wait for a letter from their lawyers.
If
<br>we want to start anything, one thing we could do, as mentioned before
is
<br>throw up a list on Fusebox.org to ask every member to add their names
to the
<br>petition and whether their company (the one which they represent) is
willing
<br>to put their names on the list as well... my guess is that we would
have a
<br>very daunting list that no New York company would want to fight.
And we
<br>definitely could get Allaire's support on this.
<p>But like I said... you will probably never hear from their "lawyers".
If
<br>you do... tell me where to mail my cheque for the defense fund.
<p>Sean
<p>-----Original Message-----
<br>From: Steve Nelson [<a
href="mailto:[EMAIL PROTECTED]">mailto:[EMAIL PROTECTED]</a>]
<br>Sent: Thursday, November 02, 2000 5:44 PM
<br>To: Fusebox
<br>Subject: Re: Fusebox.org BAD NEWS.... READ THIS
<p>Hal spoke with a lawyer and they said Fusebox.com doesn't have any
<br>grounds to stand on because we were not stealing business from them
nor
<br>did we put the site up in bad faith.
<p>It's going to take a lot of research, and maybe even a legal fund to
<br>fight this. I'm ready to put my own personal money into it, I
just hope
<br>it doesn't come to that.
<p>Steve
<p>Shane Witbeck wrote:
<br>>
<br>> Steve,
<br>>
<br>> I suggest talking with a lawyer just to see if they actually have
any
<br>legal grounds of taking action against Fusebox.org. To my knowledge
there is
<br>no relation between a Trademark and a domain name. Best of luck.
<br>>
<br>> Shane Witbeck
<br>>
<br>> ---------- Original Message ----------------------------------
<br>> From: Steve Nelson <[EMAIL PROTECTED]>
<br>> Reply-To: [EMAIL PROTECTED]
<br>> Date: Thu, 02 Nov 2000 15:13:47 -0500
<br>>
<br>> >Everyone, listen up... we've got an issue at hand with 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.
<br>> ><a
href="http://www.fusebox.com/fb_pages1/main2.cfm?s=services&c=services">http://www.fusebox.com/fb_pages1/main2.cfm?s=services&c=services</a>
<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.
Thus 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>> ><a href="http://www.SecretAgents.com">http://www.SecretAgents.com</a>
<br>> >Tools for Fusebox Developers
<br>>
<br>>---------------------------------------------------------------------------
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href="http://www.houseoffusion.com/index.cfm?sidebar=lists&body=lists/fusebox">http://www.houseoffusion.com/index.cfm?sidebar=lists&body=lists/fusebox</a>
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<br>the body.
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<p>--
<br>Steve Nelson
<br><a href="http://www.SecretAgents.com">http://www.SecretAgents.com</a>
<br>Tools for Fusebox Developers
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