Re: [Zope] Fw: Zope.org feedback
+---[ Michael Bernstein ]-- | | > Federal registration is not required to establish rights in a trademark. | > Common law rights arise from actual use of a mark. Generally, the first | > to either use a mark in commerce or file an intent to use application | > with the Patent and Trademark Office has the ultimate right to use and | > registration. | | Sorry, but 'breadcrumbs' as a description of various types | of web-navigation features has been in use quite a bit | longer than this. Try searching http://www.useit.com/ for | the term 'breadcrumbs' and you'll come up with some | documents dating to 1994. I'm sure the Hansel and Gretel story from which this was based in the first place could get a foot in the door as well. It's not a big stretch to go from forest to web navigation d;) -- Totally Holistic Enterprises Internet| P:+61 7 3870 0066 | Andrew Milton The Internet (Aust) Pty Ltd | F:+61 7 3870 4477 | ACN: 082 081 472 ABN: 83 082 081 472 | M:+61 416 022 411 | Carpe Daemon PO Box 837 Indooroopilly QLD 4068|[EMAIL PROTECTED]| ___ Zope maillist - [EMAIL PROTECTED] http://lists.zope.org/mailman/listinfo/zope ** No cross posts or HTML encoding! ** (Related lists - http://lists.zope.org/mailman/listinfo/zope-announce http://lists.zope.org/mailman/listinfo/zope-dev )
Re: [Zope] Fw: Zope.org feedback
Bill Anderson wrote: > > Bill Anderson wrote: > ... > > The archives show that Loren was using this term for this usage by > > nearly a month. if nothing else, the timing of the application > > coinciding with the introduction of the term by Loren is at best > > suspicious. In fact, it occurs on the very day that Loren made the > > announcement of the howto. > > And according to the USPTO: > > Federal registration is not required to establish rights in a trademark. > Common law rights arise from actual use of a mark. Generally, the first > to either use a mark in commerce or file an intent to use application > with the Patent and Trademark Office has the ultimate right to use and > registration. Sorry, but 'breadcrumbs' as a description of various types of web-navigation features has been in use quite a bit longer than this. Try searching http://www.useit.com/ for the term 'breadcrumbs' and you'll come up with some documents dating to 1994. So Loren does not 'win', except that this Charles Knerr person has absolutely no claim on the term. Michael Bernstein. ___ Zope maillist - [EMAIL PROTECTED] http://lists.zope.org/mailman/listinfo/zope ** No cross posts or HTML encoding! ** (Related lists - http://lists.zope.org/mailman/listinfo/zope-announce http://lists.zope.org/mailman/listinfo/zope-dev )
Re: [Zope] Fw: Zope.org feedback
Bill Anderson wrote: ... > The archives show that Loren was using this term for this usage by > nearly a month. if nothing else, the timing of the application > coinciding with the introduction of the term by Loren is at best > suspicious. In fact, it occurs on the very day that Loren made the > announcement of the howto. And according to the USPTO: Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. Loren wins again. :) ___ Zope maillist - [EMAIL PROTECTED] http://lists.zope.org/mailman/listinfo/zope ** No cross posts or HTML encoding! ** (Related lists - http://lists.zope.org/mailman/listinfo/zope-announce http://lists.zope.org/mailman/listinfo/zope-dev )
Re: [Zope] Fw: Zope.org feedback
Loren Stafford wrote: > > Just for your entertainment > > - Original Message - > From: "Charles Knerr" <[EMAIL PROTECTED]>; "Webmaster" > <[EMAIL PROTECTED]> > To: "Loren Stafford" <[EMAIL PROTECTED]> > Sent: December 15, 2000 10:54 PM > Subject: Zope.org feedback > > > URL: http://www.zope.org/Members/lstaffor/Breadcrumbs > > In regards to this URL > > http://www.zope.org/Members/lstaffor/Breadcrumbs > > > > I am the Chairman of Breadcrumbs Inc. a Delaware Corporation.We have > trademarked the name Breadcrumbs as a navigational tool in the computer > software and Internet industry classifications. > > > > You are infringing on our trademark. Please remove all references to > Breadcrumbs in your documentation. > > > > Thanks very much, > > Chuck Knerr What is even funnier is he's wrong. He has applied for a word mark as of sept 15, 1999, which has NOT been granted so far. === Here are the latest results from the TARR web server. Serial Number: 75780367 Registration Number: (NOT AVAILABLE) Mark (words only): BREADCRUMBS Current Status: A non-final action has been mailed. This is a letter from the examining attorney requesting additional information and/or making an initial refusal. However, no final determination as to the registrability of the mark has been made. Date of Status: 2000-04-04 Filing Date: 1999-09-15 Registration Date: (DATE NOT AVAILABLE) Law Office Assigned: TMEG Law Office 102 Which the local IP guy says means he has nothing. In addition, if you look at his filing date, we beat him to it. As in prior art.: http://zope.nipltd.com/public/lists/zope-archive.nsf/Main?SearchView=++&Query=breadcrumbs&SearchOrder=1&Start=1&Count=20 (above link will stretch over two lines) The archives show that Loren was using this term for this usage by nearly a month. if nothing else, the timing of the application coinciding with the introduction of the term by Loren is at best suspicious. In fact, it occurs on the very day that Loren made the announcement of the howto. Bill Anderson "What a maroon." -- Bugs Bunny ___ Zope maillist - [EMAIL PROTECTED] http://lists.zope.org/mailman/listinfo/zope ** No cross posts or HTML encoding! ** (Related lists - http://lists.zope.org/mailman/listinfo/zope-announce http://lists.zope.org/mailman/listinfo/zope-dev )
[Zope] Fw: Zope.org feedback
Just for your entertainment - Original Message - From: "Charles Knerr" <[EMAIL PROTECTED]>; "Webmaster" <[EMAIL PROTECTED]> To: "Loren Stafford" <[EMAIL PROTECTED]> Sent: December 15, 2000 10:54 PM Subject: Zope.org feedback > URL: http://www.zope.org/Members/lstaffor/Breadcrumbs > In regards to this URL > http://www.zope.org/Members/lstaffor/Breadcrumbs > > I am the Chairman of Breadcrumbs Inc. a Delaware Corporation.We have trademarked the name Breadcrumbs as a navigational tool in the computer software and Internet industry classifications. > > You are infringing on our trademark. Please remove all references to Breadcrumbs in your documentation. > > Thanks very much, > Chuck Knerr > > ___ Zope maillist - [EMAIL PROTECTED] http://lists.zope.org/mailman/listinfo/zope ** No cross posts or HTML encoding! ** (Related lists - http://lists.zope.org/mailman/listinfo/zope-announce http://lists.zope.org/mailman/listinfo/zope-dev )