Re: [Zope] Fw: Zope.org feedback

2000-12-17 Thread Bill Anderson

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=breadcrumbsSearchOrder=1Start=1Count=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 )




Re: [Zope] Fw: Zope.org feedback

2000-12-17 Thread Bill Anderson

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

2000-12-17 Thread Michael Bernstein

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

2000-12-17 Thread Andrew Kenneth Milton

+---[ 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 )