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

  • From: "Adrian Spratt" <A.Spratt@xxxxxxxxxxxxxxxx>
  • To: <jfw@xxxxxxxxxxxxx>
  • Date: Mon, 21 May 2007 19:07:16 -0400

Hi, Darrell.

This flurry of messages has led me to take advantage of Benjamin's link to the legal complaint that FS filed in federal court. I'm not sure why your friend thinks the case has little legal merit. It's a highly professional document that states the case well. That doesn't mean FS will win. It does mean, however, that all our commentary looks naive by contrast.

I would very much like to know how Serotek justifies its use of "Freedom." Benjamin has just written a note analyzing the exact products that Serotek offers, to the extent one can make them out. But in the larger world, FS seems correct in its legal complaint in asserting that its reputation lies more generally with products for the blind and visually impaired. In that context FS has made a case that use of "Freedom" could be confusing. It remains for Serotek to prove otherwise.

I admire your public spirit. However, it is disingenuous to say that all you're doing is asking FS to abandon its lawsuit. If Bruce is correct in asserting that FS tried to resolve the problem before filing this lawsuit, which I emphasize is an "if," I wonder why Serotek was so adamant in clinging to the "Freedom" name. Just dropping it would have avoided this situation, which you say you want to bring to an end. Instead, it seems to me that Serotek, rightly or wrongly, has made the decision to fight. I have to conclude that the lawsuit is a private matter and none of our business.

Like you, I hope it doesn't result in the loss of a supplier of adaptive equipment. However, it's time for us to take a back seat. Actually, we're already sitting there.
----- Original Message -----
From: "Darrell Shandrow" <nu7i@xxxxxxxxxxxxx>

Hello Dean,

Our only point with the petition is to allow the blind community to make a statement that they feel the lawsuit should be stopped. One of my legal sources believes, on first blush, that this actually does not look like a very strong 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

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