I recently had a domain name dispute and pretty much the law is still
not fully definable. In my case i registerd my domain BEFORE they registered
their trademark. Now the trademark holds MUCH power but since
i registered the domain first i had a point on my site. The deciding factor
really was, am I doing the same line of work that they are. They happened
to be selling CAD software called Camtastic, I had a WEBCAM site. So
there was no way someone could have confused me with them therefore
they would not have won the case, course i gladly SOLD them the domain :)
So the things to look at are when they registered the trademark compared to
when fusebox.org registered the domain, and if the line of work they are
both in is similar that will not work for you. If people could by any chance
confuse fusebox.org with fusebox.com and they have the trademark before
you all had the domain, then they unfortunately have a good case. Just
thought
I would share my experience.
Kelly
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---------------------------------------
Kelly Matthews
Internet Development Coordinator
AAAE
703.578.2509
[EMAIL PROTECTED]
http://www.airportnet.org
---------------------------------------
> -----Original Message-----
> From: Steve Nelson [SMTP:[EMAIL PROTECTED]]
> Sent: Friday, November 03, 2000 10:15 AM
> To: Fusebox
> Subject: Re: Fusebox.org BAD NEWS.... READ THIS
>
> I don't think we want to drag Allaire into this. The last thing I want
> to do is hurt them from another lawsuit. Maybe Hal, Michael and I could
> chat with a couple of them and get their advice. Although I think a
> lawyer's advice would be more useful.
>
> Steve
>
> Neil Clark wrote:
> >
> > Yep, why bother promoting them at all; [fusebox.org] has more
> word-of-mouth
> > in the CF community, as it is .org ; it is a non-profit organisation
> (why
> > would a .com company want it?]
> >
> > MICROSOFT **OWN** www.microsoft.org ; but they don't use it. Ask
> Allaire's
> > take on it (email Jeremy; he would gladly mail and give you his take)?
> > Would it be beneficial for them to be associated more strongly with .org
> or
> > .com? I would go for the former as it is a DIRECT promotion of CF as a
> > whole (and in future more products as fusebox grows into more and more
> > langauges)
> >
> > You have to look at it this way; if someone mentions [in the CF
> context]; do
> > you know fusebox? the reply is likely to be "yes", "no" or "I have read
> > about the METHODOLOGY but not used it ye" and not I hasten to add "Oh
> yeah
> > the New York design agency??!!"
> >
> > .org will be effected far more that they will what with all teh mailing
> > lists etc... They would not win this battle if it ever came to it (they
> may
> > have the $ but they aint got the balls)
> >
> > As for just changing there name; it looks as though we have usurpers in
> the
> > midst....
> >
> > Leave it; they are bark and no bite (and it the push came to the shove
> you
> > would have my backing (and my company's) when it goes down)
> >
> > anyone know any good hackers ;-)
> >
> > N
> >
> > <! -----------------------------------
> > Neil Clark
> > Senior Web Applications Engineer
> > mcb digital
> > Tel. +44 (0)20 8941 3232
> > Tel. +44 (0)20 8408 8131 [Direct]
> > http://www.mcbdigital.com
> > ----------------------------------->
> >
> >
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> --
> Steve Nelson
> http://www.SecretAgents.com
> Tools for Fusebox Developers
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