RE: [syndication] Re: RE: [RSS-DEV] ANN: Fusion Juggler Radio

["Dave Seidel" <dave@mindreef.com>]

Sorry, Bill, makes no difference.  Quoting from the USPTO site at
http://www.uspto.gov/web/offices/tac/doc/basic/basic_facts.html:

"Trademark rights arise from either (1) actual use of the mark, or (2) the
filing of a proper application to register a mark in the Patent and
Trademark Office (PTO) stating that the applicant has a bona fide intention
to use the mark in commerce regulated by the U.S. Congress. [...] Federal
registration is not required to establish rights in a mark, nor is it
required to begin use of a mark."

Since Dave has already asserted the trademark, it is his.  Disclaimer: I'm
not a lawyer.  OTOH, I'm as qualified as anyone else to declaim on ethics.
;-)

I apologize to the list for the off-topic thread, but this kind of thing is
important, and should be raised in a public setting.

-----Original Message-----
From: Bill Kearney [mailto:wkearney99@hotmail.com]
Sent: Wednesday, March 28, 2001 2:14 PM
To: syndication@yahoogroups.com
Subject: [syndication] Re: RE: [RSS-DEV] ANN: Fusion Juggler Radio


> This is the second request that you stop using our trademark on your
> product. The last paragraph where you say you're going to extend our
> branding to other brands is most reprehensible and unfair. We will
escalate
> this to a legal response immediately if you don't stop using our
brand on
> your products. Thanks. Dave

This hardly seems the place to be having this discussion.

But a search of "userland" on the US Gov't trademark site shows
nothing about Radio.
http://tess.uspto.gov/bin/gate.exe?f=search&state=uam9tg.1.1
Perhaps the database is wrong?

I doubt trademarking the plain word "radio" is possible.

Perhaps "Fusion Juggler Tuner" is a suitable alternative?

Besides, the market always benefits from competition!

-Bill Kearney




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