I think the intention is clearly to influence Freedom Scientific not to influence the courts. That's the nature of consumer action.
-- Benjamin Hawkes-Lewis John Ramsey wrote:
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 CorporationLooking 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. 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
-- 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
