[rumori] lawyer attempts to force webmaster to change directory name (fwd)


Steev Hise (steevATdetritus.net)
Sun, 19 Dec 1999 10:07:59 -0800 (PST)


here's the height of internet i.p. stupidity...

---------- Forwarded message ----------
Date: Fri, 17 Dec 1999 15:06:00 -0800
Subject: lawyer attempts to force webmaster to change directory name

> From: Jeffrey Zeldman <jeffreyATzeldman.com>
> Subject: related: lawyer attempts to force webmaster to change directory
> names
>
> more stupid bullying from corporate lawyers:
>
> bobbi kerlin is creator of a small, obscure informational links site.
> you've never heard of her site, neither have i.
>
> one of her subdirectories is named onlineed (as in "online education").
>
> a laywer from a company called OnlineEd has just attempted to scare
> her into renaming the DIRECTORY of her site "for violating a
> registered trademark." for whatever reason, bobbi kerlin wrote to me
> to ask if she really had to rename her subdirectory.
>
> etoy.com is the tip of the iceberg. i've gotten letters like this
> myself. they are bullshit, but people who put up their own websites
> (like Bobbi, who wrote to me) are very likely to be scared by these
> tactics and "comply" with these lawyers' bullshit.
>
> thought you'd find it interesting.
>
> jeffrey
>
> bobbi:
>
> neither the idiotic and pompous lawyer who wrote to you, nor
> the company that is foolish enough to retain his services, has any
> right to tell you how to name subdirectory folders on your website.
>
> this is a stupid attempt at corporate hijacking (and there
> have been a lot of them lately - see http://www.eviltoy.com and
> http://www.etoys-sucks.com ).
>
> you can safely ignore this idiot - or publicize it as another
> example of bullying corporations attempting to regulate the 'net.
>
> corporate trademark protection extends this far:
>
> you cannot start your own business and call it onlineEd
> (since somebody already has that registered trademark). you can not
> put their logo on your site (and of course you're not). you cannot
> say "approved by the OnlineEd company" since that would be
> misrepresentation.
>
> you are not doing any of those things.
>
> you are naming a subdirectory of your site.
>
> nobody can tell you how to do that.
>
> you can name your folder http://web.pdx.edu/~kerlinb/onlineed/
>
> you can name it http://web.pdx.edu/~kerlinb/microsoft/ or
> http://web.pdx.edu/~kerlinb/macdonalds/ or
> http://web.pdx.edu/~kerlinb/warnerbros/ or anything else you want.
>
> don't worry about what this lawyer wrote to you. it's a
> bluff. there is nothing in the law that prevents you from naming your
> subdirectories as you see fit.
>
> jeffrey
>
> >Jeff, I wonder if you or the web standards group could help me resolve this
> >question. This morning I received the request below asking me to change the
> >name of one of the directories on my website. Am I legally bound to comply
> >with their request? Does this mean that nobody can use the word 'onlineed'
> >in any context anymore?
> >
> >Thanks for your feedback,
> >
> >Bobbi Kerlin
> >
> >________________________________________
> >Bobbi A. Kerlin, Ph.D.
> >Portland State University
> >Portland, Oregon 97207
> >
> > >Date: Thu, 16 Dec 1999 08:47:27 -0800
> > >From: onlineEd Staff <staffATonlineed.com>
> > >Reply-To: staffATonlineed.com
> > >Organization: onlineEd
> > >X-Accept-Language: en
> > >MIME-Version: 1.0
> > >To: kerlinbATpdx.edu
> > >Subject: onlineEd is a registered trademark
> > >Status: O
> > >
> > >1. onlineEd is registered with the United States Patent and Trademark
> > >Office
> > >
> > >2. onlineEd is a registered trademark and is the property of onlineEd,
> > >Inc., an Oregon Corporation.
> > >
> > >3. onlineEd is a duly registered and approved domain name.
> > >
> > >4. For further information about onlineEd you may visit
> > >http://www.onlineed.com/copyright.htm
> > >
> > >5. We would appreciate it if you would remove any and all reference to
> > >onlineEd from your site, url's and e-mail addresses.
> > >
> > >Thank you, for your cooperation.
> > >
> > >
> > >
>
> Jeffrey Zeldman
> Creative Director
> SenseNet Inc.
> http://www.sensenet.com

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