[access-uk] Re: Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific verses Seroteck

  • From: "ron sears" <r.sears1@xxxxxxxxxxxx>
  • To: <access-uk@xxxxxxxxxxxxx>
  • Date: Wed, 23 May 2007 11:32:46 +0100

No that is not correct. Freedom Box will celebrate its five year or six year old birthday this year. 


Ron
----- Original Message ----- From: "Peter Beasley" <p.beasley@xxxxxxxxxxxxx> 
To: <access-uk@xxxxxxxxxxxxx>
Sent: Wednesday, May 23, 2007 9:37 AM
Subject: [access-uk] Re: Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific verses Seroteck 



I agree with Steve on this one.
----- Original Message ----- From: "Steve Nutt" <steve@xxxxxxxxxxxxxx> 
To: <access-uk@xxxxxxxxxxxxx>
Sent: Wednesday, May 23, 2007 6:48 AM
Subject: [access-uk] Re: Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on
FreedomScientific verses Seroteck


Hi Barry,

Course, he hasn't addressed the fact that Freedombox was there first, in
1998, and Freedom Scientific got the name in 2001.  At one time, =
Jonathan
used to be objective, but he is losing credibility by the day in my =
view.

All the best

Steve

-----Original Message-----
From: access-uk@xxxxxxxxxxxxx [mailto:access-uk@xxxxxxxxxxxxx] On Behalf =
Of
Dj Paddy
Sent: 23 May 2007 03:00
To: bcab@xxxxxxxxxxxxx
Cc: access-uk@xxxxxxxxxxxxx
Subject: [access-uk] Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on
FreedomScientific verses Seroteck

I really had respect for Jonothon, untill i read this.

However, it seems he's been blinded by the almighty dollar and the =
Corporate

life.

It's sickening that he's trying to write by pleading the role of the =
humble=20
journalist, whilst admitting his position within the company.

I feel Freedom Scientific regardless of the out come have dealt =
themselves a

blow in the eyes of their customers and potential customers.
Dj Paddy
=D4=E0=06
----- Original Message -----=20
From: "Rick Harmon" <rickharmon@xxxxxxxxxxxxx>
To: <blind_geek_zone@xxxxxxxxxxxxx>
Sent: Wednesday, May 23, 2007 1:31 AM
Subject: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific=20
verses Seroteck





=3D=3D=3D=3D=3D=3D=3D

Visit my webpage and podcast feed at www.blind-geek-zone.net


----- Original Message -----=20
From: "Larry Gassman" <lgsinger@xxxxxxxxxxxxx>
To: "Blind Cool Tech" <blindcooltech@xxxxxxxxxxxxxxxxxxxxxx>
Sent: Tuesday, May 22, 2007 7:36 PM
Subject: [BCT] Some thoughts on FreedomScientific verses Seroteck




Jonathan Mosen wrote the following on his Exploders list.


Larry



Last week, Freedom Scientific, Inc. filed suit against Serotek=20
Corporation
for trademark infringement with respect to the FreedomBox range of
products.
Since then, the matter has been discussed at length on some
blindness-related blogs and e-mail lists. I'd like by way of this =

message

to
clarify what I view as some of the objectives of the suit. I am a =

Vice

President at Freedom Scientific, and am extremely proud to work =

there.

However writing this message is my own initiative as a former =

technology

journalist. My aim in doing this is that people at least get a chance =

to

consider facts over rhetoric.

Firstly, let me talk a little about trademark law. A trademark's =

purpose

is
to exclusively identify a source and origin of products. Importantly, =

a

trademark only applies to a certain range of goods or services. One =

of=20

the
questions I have seen on e-mail lists is, "how can Freedom Scientific
claim
to own the word Freedom." By taking this action, Freedom Scientific =

is=20

not
seeking to do this. Rather, Freedom Scientific is simply enforcing =

the

Freedom Scientific trademark, which it owns for certain goods. =

Freedom

Scientific has invested to establish its trademarks and is only =

seeking=20

to
enforce these valuable rights. Freedom Scientific has the legal =

right,=20

and
the obligation to its customers and shareholders, to protect the use =

of

its
trademark in the context of assistive technology. The concept of =

using

common words in trademarks is common - for example the use of the =

word

Apple
to describe a computer company. As is well known through recent news
stories, Apple is quite entitled to own this name in the context of
computer
hardware and software products. It does not, of course, mean that =

Apple

has
any rights to the name when you eat a piece of fruit. Trademarks can
co-exist where there is no similarity between the businesses. For=20
example,
Delta Airlines and Delta Faucets are trademarks, but there is no =

issue

there
because the businesses' purposes are totally different and there is =

no

room
for confusion. Freedom Scientific is confident that its trademark =

rights

will be upheld. The broadening of scope of the FreedomBox products to
include products like FreedomBox System Access (FBSA) offering access =

to

mainstream applications only exacerbates the infringement.

Trademarks are not some abstract thing. They are a company's =

reputation.

They are legal property, and you can't simply take someone's property
without their consent.

Secondly, I'd like to turn to the question, "why now." All sorts of
bizarre
speculation have been put forward as to the timing of this suit. =

Freedom

Scientific made Serotek well aware of its position on this matter, =

but

unfortunately Serotek was unwilling to negotiate a settlement to this
matter. No one likes having to go to court, but if you genuinely =

believe

your property rights are being trampled upon, in the end there is no
choice
but to do so if you are unable to get a resolution any other way.

Thirdly, it has been said that Freedom Scientific is giving the blind
community no credit by taking this action, and that everyone knows =

the

difference between the two product lines. Rest assured, this is most
certainly not the case. I can tell you that Freedom Scientific has =

been

contacted by Serotek customers seeking technical support, or even =

wanting

to
buy a Serotek product. Thus, there is a likelihood of confusion.

Fourthly, a petition has been established by the hosts of ACB Radio's =



Main
Menu, calling itself the Save Serotek petition. The grossly =

misleading

name
of this petition implies that somehow Freedom Scientific's objective =

is=20

to
put Serotek out of business. As a result of the sensationalist name, =

many

commenters to the Petition have made comments to this effect. All =

Freedom

Scientific is seeking to do is protect its property and to seek
appropriate
compensation for the unlawful use of it.

The objective here is not to put Serotek out of business. 2007 has=20
already
seen great innovation from Freedom Scientific and there's plenty more =

to

come. Honest competition inspires excellence and is good news for the
customer. But I stress the word "honest." Yes, many people in =

assistive

technology are motivated by a strong sense of purpose and commitment =

to

making a difference. But these companies are still commercial =

entities,

who
have every right to use the legal system to protect their property if =



they
think they need to, just as you have a right to use the legal system =

if

someone breaks into your house and takes something belonging to you

In closing, I hope that those genuinely interested in the facts of =

this

matter will take the time to read up on trademark case law, but most
importantly, will let the judicial process take its course. It occurs =

to

me
that if Freedom Scientific has got it as wrong as a few people claim, =



then
what do they have to fear? A jury will dismiss the case. I doubt that =



will
happen though. If the law has been broken as I believe it has, then
Freedom
Scientific is quite entitled to redress.

My hope is that sanity prevails and that Serotek has both the courage =

and

the decency to brand its products in a fashion that wasn't already =

being

used in this industry. I think they would gain a lot of respect from =

the

blind community for acting honourably. Fair competition is not too =

much=20

to
ask for, and it most certainly is worth fighting for.

Those interested in the subject of trademarks may like to take a look =

at

the
Wikipedia entry on the subject, found at:
http://en.wikipedia.org/wiki/Trademark.

Jonathan Mosen



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