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

  • From: Russell Solowoniuk <RSOLOWONIUK@xxxxxxx>
  • To: jfw@xxxxxxxxxxxxx
  • Date: Mon, 21 May 2007 15:55:02 -0600

And therein lies the crux of the matter--should Serotek be forced to change
the name of its product--I like many others think not. I guess that's what
the courts will have to decide. I also think it's gone beyond just wanting a
name change now as Freedom is asking for monetary compensation, legal fees,
and such.

Respectfully,

Russell 

-----Original Message-----
From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] On Behalf
Of Bruce Toews
Sent: Monday, May 21, 2007 3:30 PM
To: jfw@xxxxxxxxxxxxx
Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against Serotek
Corporation

Except that many implications are being made, and you are allowing them to
be made unchecked. It is clear, just from looking through the signatures so
far, that people are under the impression that Freedom Scientific is trying
to shut down Serotek. Neither you nor Jeff has done anything to dispel this
misconception because, I submit, it fuels anger and makes people more likely
to support your petition. This, I also submit, is very irresponsible of you,
and is already enough to discredit the petition, which I will never sign.
Freedom Scientific maintains, and I see no reason to doubt them, that they
have looked for an out-of-court agreement for years, and that Serotek has
refused to cooperate. All Freedom wants is for Serotek to change the name of
the product, they do not wish the product to be eliminated. By not making
this clear and not only allowing but encouraging the misconception (don't
try to tell me that saveserotek.org isn't misleading in this respect) you
and Jeff discredit both yourselves and any other Access-technology
enterprises you claim to represent, even if you try to distance your blogs
and your petition from those other endeavors.

Bruce

--
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On Mon, 21 May 2007, Darrell Shandrow wrote:

> Hello John,
>
> Don't you feel it is worth all our minute or so it takes to sign a 
> basic petition that simply asks FS to stop and states nothing more than
that?
>
> 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 12:11 PM
> Subject: RE: FreedomScientific, Inc. Asked to Cease Lawsuit Against 
> Serotek Corporation
>
>
> <yawn> hey guys, none of us are going to resolve this in our 
> respective desires, so why don't we just wait and see what wisdom the 
> court employs in resolving the matter.
> Take care,
> John
>
> -----Original Message-----
> From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] On 
> Behalf Of Sean McMahon
> Sent: Monday, May 21, 2007 2:45 PM
> To: jfw@xxxxxxxxxxxxx
> Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against 
> Serotek Corporation
>
>
> I think the case is moot, because freedomscientific, again this is one 
> word,
>
> isn't using the name freedom for anything but its company.  It's like 
> how eskillator is now a thing and no longer a brand name.  
> Freedomscientific doesn't use the name freedom in any of their product 
> lines, and the company who makes freedombox doesn't use freedom in 
> their company name.
> ----- Original Message -----
> From: "Yardbird" <yardbird@xxxxxxxxxxxxxx>
> To: <jfw@xxxxxxxxxxxxx>
> Sent: Sunday, May 20, 2007 9:37 PM
> Subject: Re: FreedomScientific, Inc. Asked to Cease Lawsuit Against 
> Serotek Corporation
>
>
>> LOL, Allen. FS and its legal staff probably don't really think it's 
>> confusing anybody at the moment, either. This is a fairly normal 
>> business practice, to file suit just as a sort of prophylactic 
>> preemption. Like certain wars that will go unnamed. Before filing the 
>> complaint, I'm sure the FS lawyers exchanged some correspondence and 
>> a few phone calls with the other company's lawyers, maybe over a 
>> period of many months, trying to intimidate them into giving up the 
>> use of the word "Freedom" in their product name. Only when the other 
>> company resisted and things were ar perceived to be at an impasse 
>> would the FS legal team proceeded with the suit. The conflict needn't 
>> strike you or me as being very realistic. The FS hope is just to get 
>> it so no one in the adaptive tech industry except for them uses the 
>> word Freedom for anything, leaving it referring only to their company 
>> whenever someone hears it or reads it. It's like an Alpha male dog 
>> marking out territory. Just a matter of course. Just business, as they
say.
>>
>> ----- Original Message -----
>> From: "Allan Wong" <allanwkf@xxxxxxxxx>
>> To: <jfw@xxxxxxxxxxxxx>
>> Sent: Sunday, May 20, 2007 8:53 PM
>> Subject: FreedomScientific, Inc. Asked to Cease Lawsuit Against 
>> Serotek Corporation
>>
>>
>> for me, it is not confusing at all, at least up to this moment.
>>
>> Warmest Regards,
>> Allan Wong
>> From: "E.J. Zufelt" <everett@xxxxxxxxx>
>>
>>
>> MessageGood evening,
>>
>> I know very little about trademark infringment in the United States.
>> However, I find it difficult to believe that a significant number of 
>> persons are confused between "Freedom Scientific's JAWS", and 
>> "Serotech's Freedom Box".  Is this really confusing people?
>>
>> Everett
>>
>>
>>
>>  ----- Original Message -----
>>  From: Darrell Shandrow
>>  To: jfw@xxxxxxxxxxxxx
>>  Sent: Sunday, May 20, 2007 8:07 PM
>>  Subject: Re: Freedom Scientific, Inc. Asked to Cease Lawsuit Against 
>> Serotek Corporation
>>
>>
>>  Hello John,
>>
>>  Serotek provides alternative technology for the blind, some of which 
>> does compete with the JAWS screen reader sold by Freedom Scientific.
>> Their System Access screen reader is relatively new to the field, but 
>> their FreedomBox Network has been around since 2000.  FreedomBox 
>> Network is essentially an online service similar to AOL. In fact, 
>> many of us refer to the FreedomBox Network as AOL for the blind.  
>> System Access and their newer remote access technologies provide 
>> completely mobile computer access to virtually any system, as well as 
>> potentially new employment opportunities for blind people who must 
>> have remote access to other computers.
>>
>>  Freedom Scientific is suing Serotek over the use of the term 
>> "FreedomBox". Please feel free to read 
>> http://www.blindaccessjournal.com and http://www.thedesertskies.com 
>> as well as do Google searches, before deciding whether or not you 
>> will sign onto the petition.
>>
>>  Thanks.
>>
>>  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
>>    To: jfw@xxxxxxxxxxxxx
>>    Sent: Sunday, May 20, 2007 3:53 PM
>>    Subject: RE: Freedom Scientific, Inc. Asked to Cease Lawsuit 
>> Against Serotek Corporation
>>
>>
>>    What is the lawsuit about? I have no idea who this other company 
>> is or what they provide, so I am totally lost.
>>    Take care,
>>    John
>>      -----Original Message-----
>>      From: jfw-bounce@xxxxxxxxxxxxx [mailto:jfw-bounce@xxxxxxxxxxxxx] 
>> On Behalf Of Darrell Shandrow
>>      Sent: Sunday, May 20, 2007 5:20 PM
>>      To: jfw@xxxxxxxxxxxxx; jfw-employment@xxxxxxxxxxxxxxx; 
>> blindtech@xxxxxxxxxxxxxxx
>>      Subject: Freedom Scientific, Inc. Asked to Cease Lawsuit Against 
>> Serotek Corporation
>>
>>
>>      Freedom Scientific, Inc. Asked to Cease Lawsuit Against Serotek 
>> Corporation
>>
>>
>>
>>      An online petition is being circulated to everyone in the 
>> assistive technology industry and the blind community for the purpose 
>> of collecting signatures showing support for the concept that Freedom 
>> Scientific, Inc. should cease their lawsuit against Serotek 
>> Corporation.
>>
>>
>>
>>      May 20, 2007 -- We at the Blind Access Journal call upon 
>> everyone in the assistive technology industry and the blind community 
>> to sign the Save Serotek Petition found at http://www.saveserotek.org 
>> asking Freedom Scientific, Inc. to cease their trademark infringement 
>> lawsuit against Serotek Corporation. After allowing sufficient time 
>> to collect a significant number of signatures, the signed petition 
>> will be sent, via certified mail, to the Board of Directors of 
>> Freedom Scientific, Inc. We invite redistribution of this press 
>> release to all interested parties, post it on blogs, discuss it on 
>> podcasts and insure its wide distribution to all independent and 
>> mainstream media outlets. E-mail, MSN Windows Live Messenger, Skype 
>> and telephone queries are welcome from all interested in this vital 
>> effort. We thank you in advance for your support.
>>
>>
>>
>>      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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