Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation

From: "Darrell Shandrow" <nu7i@xxxxxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Date: Mon, 21 May 2007 16:46:25 -0700
Hello John,

The petition is going to Freedom Scientific, not to the court.  :-)  That is 
well stated in the petition.  We are asking Freedom Scientific to stop.  We 
are not asking the court to throw out the case.  :-)


Darrell Shandrow - Accessibility Evangelist
Visit http://www.SaveSerotek.org and ask Freedom Scientific to stop suing!
Information should be accessible to us without need of translation by 
another person.
Blind Access Journal blog and podcast: http://www.blindaccessjournal.com
Check out high quality telecommunications services at http://ld.net/?nu7i
----- Original Message ----- 
From: "John Ramsey" <stephnjohnny211@xxxxxxxxxx>
To: <jfw@xxxxxxxxxxxxx>
Sent: Monday, May 21, 2007 4:38 PM
Subject: RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek 
Corporation


Hello Dan,
Are you an attorney? I went through three years of law school, graduated
with a J.D. and am about to be taking the bar and I personally have never
seen a case where the court dismissed a valid cause of action based upon a
petition circulated on the internet or anywhere else for that matter.
This brings up a valid question, who are these Evangelists sending this
petition to? As has been pointed out on this ridiculously long thread, there
is nothing to suggest that this suit is aimed at bankrupting the smaller
company. In order for me to buy that, I would have to see some evidence that
this alternate screen reader is somehow impacting JFW sales.
Take care,
John

-----Original Message-----
From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] On Behalf
Of The Scarlet Wombat
Sent: Monday, May 21, 2007 6:56 PM
To: jfw@xxxxxxxxxxxxx
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation


Looking at the case law on trademark infringement, it is possible that FS
may force Serotek to change the name from Freedom Box.  I consider this
absurd, but such considerations are legally irrelevant.  However, I doubt
they can demonstrate damages and will have a much more difficult time
reaping any in their prayer to the court.

The court will be very interested in when FS first demanded the trade name
be changed.  If it can be shown that Serotek has used the name with
impunity for several years, it will weaken the FS case, but not be a death
knell.

Trademarks and trade names are considered very valuable property and even
common words, when used in a trademark or trade name become more than just
the common words they appear to be.

 From a legal standpoint alone, it is an interesting case.  I suspect there
will not be an overt dismissal nor a final finding but some kind of
mediated solution along the way.

A few years ago, MacDonald's sued a bookstore with the same name.  On the
surface, it appeared completely without merit as nobody in their right mind
would mistake a used bookstore for a burger joint, but they won,
nevertheless, because of the value of a trademark.

Dan

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References:
- RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation
  - From: John Ramsey
Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation

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