I didn't join this list to give trademark litigation advice and won't but
hope this general information might be helpful.
Trademark / service mark / domain name litigation is a growth area, as you
know. A domain name is an address, but it can also be more when it is
associated with a business product or service.
The US Patent and Trademark Office has issued Examination Guide No. 2-99 "
Marks Composed, in While or in Part, of Domain Names", for example, at
http://www.uspto.gov/web/offices/tac/notices/guide299.htm .
One doesn't get a trademark across the board to bottle up a word for all
conceivable uses. It applies within a designated scope.
The scope of the fusebox trademark according to US PTO site is "creating and
maintaining web sites for others".
That's not what I've ever understood that this Fusebox group does. Instead,
this is a collaborative group of programming professionals engaged in
professional development through developing common programming practices.
I might suggest that you consult an attorney of your choice for several
reasons: expertise in the subject, the attorney-client privilege, and
familiarity with negotiations in the context of disputes.
______________________________________________________
LaVern A. Pritchard / PRITCHARD LAW WEBS
1350 Rand Tower, 527 Marquette Ave., Minneapolis, MN 55402
612-332-0102, 612-332-3225 (fax), [EMAIL PROTECTED]
On the Web at http://www.priweb.com
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----- Original Message -----
From: "Shane Witbeck" <[EMAIL PROTECTED]>
To: "Fusebox" <[EMAIL PROTECTED]>
Sent: Thursday, November 02, 2000 2:51 PM
Subject: Re: Fusebox.org BAD NEWS.... READ THIS
> 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
>
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