What I can't understand is the need to go to law.Surely if someone approaches FS by mistake, all that need be done is to point them in the right direction?
Ok, I'm naive, but I don't see the need for all this legal stuff. Best wishes, Joan.----- Original Message ----- From: "Georgina Joyce" <gena-j@xxxxxxxxxxxxxxx>
To: <access-uk@xxxxxxxxxxxxx> Sent: Wednesday, May 23, 2007 1:03 PMSubject: [access-uk] Re: Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific verses Seroteck
HiI can't believe his level of unprofessionalism in urging us to visit wikipedia to read about the law. While I support wikipedia whole heartedly, I would not use it as a legal reference. I don't know about the USA but in Europe there are slight variations. But I guess there's a good chance that they'll succeed as I don't think that they'd undertake the action in the first place.He's argument of why now, really doesn't appear to be very solid.I hope that is a sign that they recognisee that the community are unhappy and our disquiet will affect their business.Thanks for bringing it to our attention. Gena Amateur Call: M 0 E B P VOIP / IM: gena1959uk -----Original Message-----From: access-uk@xxxxxxxxxxxxx [mailto:access-uk@xxxxxxxxxxxxx] On Behalf Of Dj PaddySent: Wednesday, May 23, 2007 3:00 AM To: bcab@xxxxxxxxxxxxx Cc: access-uk@xxxxxxxxxxxxxSubject: [access-uk] Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific verses SeroteckI really had respect for Jonothon, untill i read this.However, it seems he's been blinded by the almighty dollar and the Corporatelife.It's sickening that he's trying to write by pleading the role of the humblejournalist, whilst admitting his position within the company.I feel Freedom Scientific regardless of the out come have dealt themselves ablow in the eyes of their customers and potential customers. Dj Paddy Ôà----- Original Message ----- 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 verses Seroteck======= Visit my webpage and podcast feed at www.blind-geek-zone.net----- Original Message ----- 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 SeroteckJonathan Mosen wrote the following on his Exploders list.LarryLast week, Freedom Scientific, Inc. filed suit against Serotek Corporation for trademark infringement with respect to the FreedomBox range of products. Since then, the matter has been discussed at length on someblindness-related blogs and e-mail lists. I'd like by way of this messageto 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 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 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 to enforce these valuable rights. Freedom Scientific has the legal right, 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 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 beencontacted by Serotek customers seeking technical support, or even wantingto 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 toput Serotek out of business. As a result of the sensationalist name, many commenters to the Petition have made comments to this effect. All FreedomScientific 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 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 andthe 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 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_______________________________________________ BlindCoolTech mailing list To send a message to the list, send it to: BlindCoolTech@xxxxxxxxxxxxxxxxxxxxxx To unsubscribe from the list or to make changes to your list settings or view the list archives, click on the following link: http://lists.luv2bablyndi.net/listinfo.cgi/blindcooltech-luv2bablyndi.net To post a message, send your posts to: blind_geek_zone@xxxxxxxxxxxxx To unsubscribe, send message to: blind_geek_zone-request@xxxxxxxxxxxxx put unsubscribe in the subject line. 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