Hey while we're on the subject of possible trademark violations, has anyone ever
stumbled upon the web site http://www.fusioneer.com mistakenly instead of my domain
name? I ask because a business called "Fusioneer" popped up in Smyrna, Georgia about
6 months after my business started. They refuse to cease using the name. I've
received complaints in the past and that's how I found them.
I read about the trademark issues over domain names. Basically it says that if your
business name isn't the domain name, then you can't trademark it. In my case,
Fusioneers.com IS my business name and so in my opinion that, in itself should be
enough to stop them from using Fusioneer in any sort of way. I'm fairly certain that
the term "Fusioneer" is not a word in the english language.
Does anyone have any comments on this? I'd love to hear. Also if anyone has contact
with a patent attorney, have them call me.
Thanks.
---mark
--------------------------------------------------------------
Mark Warrick
Phone: (714) 547-5386
Efax.com Fax: (801) 730-7289
Personal Email: [EMAIL PROTECTED]
Personal URL: http://www.warrick.net
Business Email: [EMAIL PROTECTED]
Business URL: http://www.fusioneers.com
ICQ: 346566
--------------------------------------------------------------
> -----Original Message-----
> From: Scott Knaub [mailto:[EMAIL PROTECTED]]
> Sent: Friday, November 03, 2000 12:15 PM
> To: Fusebox
> Subject: RE: Fusebox.org BAD NEWS.... READ THIS
>
>
> I think it matters more that they have only been Fusebox, Inc. since
> February of this year. We did not steal their business name, they stole
> ours! They saw the huge following that is growing for the Fusebox
> methodology and decided to ride our coattails...or so it seems.
> (I just love
> the Fusebox methodology...can you tell?)
>
> If Madonna has been Madonna forever and someone decides to register that
> domain name, I think that is wrong. But if her public name was something
> else until 6 months ago and now she wants the madonna.com domain name that
> was registered to someone else for three years, she is going to
> have to buy
> it...not go to court over it.
>
> I think they are testing the waters to see if we will give in to handing
> over the domain name, or giving them an undeserved link from our site to
> theirs. I think a simple, "No thanks, we like our domain name."
> is all that
> is needed at the moment. That puts the ball in their court to
> make something
> happen.
>
>
> -----Original Message-----
> From: Steve Nelson [mailto:[EMAIL PROTECTED]]
> Sent: Thursday, November 02, 2000 4:51 PM
> To: Fusebox
> Subject: Re: Fusebox.org BAD NEWS.... READ THIS
>
>
> I wonder how much it matters that we had the domain name since
> 08-Apr-1998?
>
> Steve
>
> Jeremy Allen wrote:
> >
> > Sorry to double post..
> >
> > http://www.uspto.gov/web/offices/tac/tmfaq.htm#DefineTrademark
> >
> > PS, they have only had the trademark since
> >
> > June 9 1998 see link here.
> >
> > http://tess.uspto.gov/bin/gate.exe?f=doc&state=c7niu3.2.5
> >
> > Jeremy
> >
> > -----Original Message-----
> > From: Steve Nelson [mailto:[EMAIL PROTECTED]]
> > Sent: Thursday, November 02, 2000 3:14 PM
> > To: Fusebox
> > 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
> >
> ------------------------------------------------------------------
> ----------
> > --
> > 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.
>
>
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--
Steve Nelson
http://www.SecretAgents.com
Tools for Fusebox Developers
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