[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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