Agreed. I hope the odds for such a settlement are high and that the settlement can satisfy FS while not stifling Serotek. 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: "Jeff Bishop" <jeff@xxxxxxxxxxxxxx> To: <jfw@xxxxxxxxxxxxx> Sent: Monday, May 21, 2007 4:18 PM Subject: RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation Gosh I sincerely hope so and will applaud FS publicly. -----Original Message----- From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] On Behalf Of Yardbird Sent: Monday, May 21, 2007 4:15 PM To: jfw@xxxxxxxxxxxxx Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek Corporation Personally, my money's on a pre-trial settlement as the resolution. anyone taking odds? :-) ----- Original Message ----- From: "The Scarlet Wombat" <coconut@xxxxxxx> To: <jfw@xxxxxxxxxxxxx> Sent: Monday, May 21, 2007 3:56 PM 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 -- JFW related links: JFW homepage: http://www.freedomscientific.com/ Scripting mailing list: http://lists.the-jdh.com/listinfo.cgi/scriptography-the-jdh.com JFW List instructions: To post a message to the list, send it to jfw@xxxxxxxxxxxxx To unsubscribe from this mailing list, send a message to jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line. 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Rather contact the list owner at jfw-admins@xxxxxxxxxxxxxx -- JFW related links: JFW homepage: http://www.freedomscientific.com/ Scripting mailing list: http://lists.the-jdh.com/listinfo.cgi/scriptography-the-jdh.com JFW List instructions: To post a message to the list, send it to jfw@xxxxxxxxxxxxx To unsubscribe from this mailing list, send a message to jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line. Archives located at: //www.freelists.org/archives/jfw If you have any concerns about the list, post received from the list, or the way the list is being run, do not post them to the list. Rather contact the list owner at jfw-admins@xxxxxxxxxxxxxx -- JFW related links: JFW homepage: http://www.freedomscientific.com/ Scripting mailing list: http://lists.the-jdh.com/listinfo.cgi/scriptography-the-jdh.com JFW List instructions: To post a message to the list, send it to jfw@xxxxxxxxxxxxx To unsubscribe from this mailing list, send a message to jfw-request@xxxxxxxxxxxxx with the word unsubscribe in the subject line. Archives located at: //www.freelists.org/archives/jfw If you have any concerns about the list, post received from the list, or the way the list is being run, do not post them to the list. Rather contact the list owner at jfw-admins@xxxxxxxxxxxxxx