[bcab] Re: Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on FreedomScientific verses Seroteck

In this case Andy Warhol may not be right about all publicity being good 
publicity.  Poor ethics can lead to bad publicity which can in turn drive 
customers into the arms of competitors.

Best,
Clive
 

-----Original Message-----
From: bcab-bounce@xxxxxxxxxxxxx [mailto:bcab-bounce@xxxxxxxxxxxxx] On Behalf Of 
Nigel
Sent: 23 May 2007 23:34
To: bcab@xxxxxxxxxxxxx
Subject: [bcab] Re: Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on 
FreedomScientific verses Seroteck

Clive,
I'm afraid Ethics and big business tend not to mix.

Ethics?  Never herd of it.
Nigel
----- Original Message -----
From: <Clive.Lever@xxxxxxxxxxx>
To: <bcab@xxxxxxxxxxxxx>
Sent: Wednesday, May 23, 2007 10:40 AM
Subject: [bcab] Re: Fw: [blind_geek_zone] Fw: [BCT] Some thoughts on 
FreedomScientific verses Seroteck


> Hi all,
>
> I don't much care whether or not it is the intention of Freedom 
> Scientific to put Seratec out of business.  If it is perceived by 
> people who know their way around marketing that that would be the 
> likely effect of their actions, they should gracefully desist.
>
> Best,
> Clive
>
>
> -----Original Message-----
> From: bcab-bounce@xxxxxxxxxxxxx [mailto:bcab-bounce@xxxxxxxxxxxxx] On 
> Behalf Of Dj Paddy
> Sent: 23 May 2007 03:00
> To: bcab@xxxxxxxxxxxxx
> Cc: access-uk@xxxxxxxxxxxxx
> Subject: [bcab] 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 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
> 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 Seroteck
>>
>>
>>
>>>>Jonathan Mosen wrote the following on his Exploders list.
>>>
>>>Larry
>>>
>>>
>>>>Last 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 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 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 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 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 
>>>>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 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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