Fandom vs. Fandom.com 154
Marx's Ghost writes: "This is an interesting article about fan sites being threatened by Fandom.com, whose claim of being "by the fan's, for the fan's" doesn't hold up in view of their bullying tactics. Should provoke some people who are concerned with poor definitions of cyber-squatting. What should really constitute cyber-squatting?" Claiming a trademark on a descriptive term like "fandom" and then bullying other fan sites ... what a great business plan.
Gee, I hate to burst your bubble... (Score:1)
Re:THIS IS ICANN's FAULT!!!!!! (Score:1)
Besides, if you have a company, or product that is say, the "netshredder". Nowadays, people look for you automatically at netshredder.com. Where do they go now? netshredder.ustm?
I personally think that we need a *better* way of handling domains that is "product" friendly... A search engine built into a browser so that you type in "netshredder" it presents you with a list of the netshredder.* sites and a brief description of them? Something like that. Don't tell me that search engines do that these days... some are better than others, but they are far, *FAR* from perfect, nor usable "search for "breast cancer" and the like...).
Re:This Sickens Me (Score:1)
At least, not if I buy www.letter.com you won't!
In other news, Microsoft Word Charges By The Letter [segfault.org]...
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pb Reply or e-mail; don't vaguely moderate [ncsu.edu].
Why Bother with new TLD's? (Score:1)
Reminds me of a "special" I once say on NSI's site encouraging people to regester their name in all three!
Re:THIS IS ICANN's FAULT!!!!!! (Score:1)
This is one of the reasons that in the UK you can have a .ltd.uk domain. Only a registered Limited company can have the domain. And since all Limited company names are unique there can be no question about which company you are refering to.
You even have to present your Limited Company certificate before they can release it
Of course no one ever uses them as everyone would much rather have a .com or even a .co.uk
Order versus letter (Score:1)
Re:Jordan's Wheel of Time fandom (Score:1)
You answer your own question (Score:1)
Re:It's just like etoy, they don't have the mark (Score:1)
The fandom.com stuff is just about domain names. The etoys stuff was about trademarks.
Re:This Sickens Me (Score:1)
Presuming I get to this before anyone else does ...too late! :-) Here's a bit from the whois query...
Registrant:American Chair & Seating (CHAIR-DOM)
132 R. Washington Street,
Quincy, MA 02169
US
Domain Name: CHAIR.COM
A vote for the lesser of two evils is still a vote for Evil.
Re:This is REALLY getting silly... (Score:1)
Fandom.com has undergone mutation (Score:1)
The initial premise of Fandom.com was straightforward: to protect individual fan site owners from studio censorship
When Sony made Fandom.com its official site for Godzilla (back in 1997!) you could start thinking otherwise.
I've bought a thing or two from AnotherUniverse.com, now owned by Fandom.com. I get the catalog mailed to me, and some months ago I received along this letter telling me about the deal. I didn't take it as a big deal until I actually saw the site. Fandom.com is the perfect source for propaganda.
From the corporative POV Fandom.com is excellent. Yet we still have to read things like this:
"We are far from a big corporation," insists Meyers.
I now return to where I started. Fandom.com mutated from a small site that really harbored other smaller pages to this huge corporate-backed conglomerate.
The ideology has always been that of "incorporate, assimilate" and this outcome was predictable. [Failure was a secondary outcome, but clearly Mr. Meyers knows what he's doing]
Mrs. Burrell shouldn't have much to worry about, I believe. Of course there are the legal headaches of going through this and the discomfort of going agaist Fandom.com, but there is plenty of evidence that she's right.
Domain squatting is a problem, of course, but fortunately it's fast to clear out in an individual basis. Also fortunately, as the eToys issue has already shown us, cases like Burrell/Fandom.com's are doomed to get old and dismissed with adequate amount of proof.
Flavio
wankers (Score:1)
Re:Trademark Dilution (Score:1)
Re:This is REALLY getting silly... (Score:1)
Idiocracy.
Re:Jordan's Wheel of Time fandom (Score:1)
Robert Jordan's thing for bondage, and "plumply pretty young women" is fairly easy to spot, but I've never noticed anything scatalogical. ;)
For that matter, they never go to the toilet either! Ever! I haven't seen it once in nine books. There are a few references to menstruation, though. And I have too much spare time.
Re:THIS IS ICANN's FAULT!!!!!! (Score:1)
1) What is a global trademark? One registered in several countries? One registered in all countries?
2) Aren't trademarks registered in particular categories? So a trademarked "Cornflakes" in breakfast cereals is different from a trademarked "Cornflakes" in foot care.
3) Shouldn't country trademark domains be under the country domain? e.g. tm.ca tm.uk and tm.us rather than
4) Shouldn't the use of the country domains be left up to the registrars for those countries rather than having them subjugated by the US governement appointed ICANN?
Zwack
Re:THIS IS ICANN's FAULT!!!!!! (Score:1)
They've no need to wake up, in fact, it's all been working marvelously; you see, they're only protecting they're corporate sponsor's needs.
-elf
Re:If I recall the ICANN domain dispute policy... (Score:1)
Except, of course, that Tuvalu sold the .tv domain, and it is available to anyone with the requisite $$$'s. They're advertising .tv as
the "new .com" and that you should register
your domain there now!!!
James
Re:wankers (Score:1)
To date I have had favourable reviews from Ralph Steadman, and others, who were happy to see the site and not ticked off. I have never had a copyright problem, although one photographer wants to be paid a cut of any advertising revenues (I have managed to stay ad free).
I have invested years and time and money and my soul into this site, and as any fan site maintainer will agree, it's a heck of a job, but it's something, a passion that can usually not be bought.
IMHO, Fandom was just lax in getting the TV domain when it first came out. Comparing the two sites, you would never guess they were the same - I'm not confused.
BTW, please don't bash any Fandom webmasters or accuse them of selling out. Happily I have never had lawyers come after me, but other sites have. At the very least Fandom does offer them some protection.
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Re:No sympathy for Fandom.tv (Score:1)
Apostrophe (Score:1)
I wonder where the fans of punctuation will host their website then..
Why this sort of thing will kill itself (Score:1)
Re:Fan sites unite! (Score:1)
My point was simply that that idea, small fansites sharing resources to become more powerful as a group, is still a good one, and might be very successful if executed properly. I'm curious if it could be pulled off, and if so, how.
Although, the Animal Farm comment might have something. Perhaps any kind of power corrupts, and any organization of fan sites would be subject to the same power trips and politicking of the corporate world. (man, my use of the word corporate is becoming positively Katz-esque. I should get out the damn thesaurus).
Trademark, not copyright (Score:1)
This may seem anal-retentive, but it's important to have a good understanding of the law before you applying it to yourself or others.
Oops. (Score:1)
Re:This is REALLY getting silly... (Score:1)
Unfortunately, if you'll remember the VW or Neon campaign from a few years ago: "Hi." I guarantee you any TM lawer could make a make a case for TM issues with that, had anyone attempted to copy them. And "Hi" is probably one of the most generic colloquialisms ever.
...counterpoint to that is that I can't remember which of the two manufacturers it was...
oh well...
"arbitrary" (Score:1)
The name 'Amazon' is not arbitrary. The company deliberately stole the name of an existing bookseller to mislead customers. They successfully misled me, I might add. The cooperative formerly known as Amazon is now not allowed to use its former name. (They sued, but Amazon.com argued that the co-op was not in the business of bookseller, but the business of 'bookseller and lesbian'. All the members were cross-examined about their sex lives in open court until they ran out of money.)
Amazon.com went on to dupe me a second time, by passing itself off as WHSmith (the largest book seller in the UK, commonly known as WHS). Several months ago I wanted to take advantage of WHS's online shopping facility but on typing www.whsonline.co.uk [whsonline.co.uk] (instead of www.whsmithonline.co.uk [whsmithonline.co.uk]) I was directed to amazon.co.uk, and thought WHS had sold its web sales operation to the US corporation. whsonline.co.uk now seems to be under dispute (if you go there, try the link to the 'dispute pages' which contain some relevant opinions).
Don't forget, this is the company which recently retrospectively gutted its privacy policy. And had already flagrantly violated the policy by posting lists of books bought by individuals in the hope of drumming up advertising revenue. Not to mention that it openly admits that its 'one-click' patent has no merit, and uses it solely for anticompetitive purposes. The only good thing I can say about Amazon.com is that last time I looked it was making huge losses.
Mmmm. That felt cathartic.
Re:Oops. (Score:1)
For example there are many McDonalds businesses in scotland in a variety of trades, and the fast food chain tried to issue quite a lot of cease and desist letters, it was their mistake in the end tho cause they ended up getting attacked by Lord MacDonald, Chief of the Clan McDonald who probably have a prior claim to the name :)
Re:Fan sites unite! (Score:1)
One of the reasons fandom.com was founded was as a way for fansites to band together, to share resources to fight off corporate bullies.
I think you're missing something pretty important here: Fandom.com was founded in order to profit from helping fansites band together, under the assumption that they needed to do so in order to remain active.
Fandom.com is a business, not a charity. They are in it to make a profit for their investors, not to make sure that Fandom survives (the latter is a path to the former, that's all).Fan Sites Better? (Score:1)
>neotope
more top level domains (Score:1)
Re:Trademark Dilution (Score:1)
Re:Jordan's Wheel of Time fandom (OT) (Score:1)
Anyhow, it's been really bugging me just how heavy Jordan's been laying on the bondage fantasy. You can't swing a ta'varen without hitting a naked girl on a leash. It's a little jarring.
Dan
Sites of Interest (Score:1)
The Fandom.com web site (http://www.fandom.com) [fandom.com]
Fandom.com's dead trademark on Fandom [uspto.gov] Note:Dead May 01, 2000
Fandom.TV's Trademark Status [uspto.gov] Note:Application Oct 31, 2000
Fandom.com's suprisingly new trademark on Fandom [uspto.gov] Note:Application Nov 14, 2000
Most interestingly though from Merriam-Webster [m-w.com] the word
FANDOMMain Entry: fandom Pronunciation: 'fan-d&m Function: noun Date: 1903 : all the fans (as of a sport)
The word is in the dictionary and it appeared around 1903, why is this word even allowed to be trademarked???!!!
Oh, I remember these guys. (Score:1)
Cybersquatting laws don't offer equal protection (Score:1)
My own first hand experience is an all ages music night I've been running in various major US cities. Some site has taken our name (trademark) appended with .com and is using it to sell porn - this is a problem when you have a well established night with a largely teenage audience. Yet, to prevent these guys from using a name that sends teens to their porn site - it's a big nightmare, and beyond our budgets. And it's really unclear whether we'd win. The only plus on our side is the fact that we cater to teens and they sell porn.
Anyone remember MS going after every Visual_____ ? (Score:1)
Ridiculous (Score:1)
Fandom.com Does Have a Point (Score:1)
But, they lose credibility when they start claiming that fandom.tv is domain squatting. I cannot fathom, by any definition of the term, where they get this idea. A domain squatter is a domain reseller, whereas fandom.tv is just a site that happens to be competing with it's .com equivilant.
Robo-lawyer, ATTACK!
Re:THIS IS ICANN's FAULT!!!!!! (Score:1)
And, how catchy was amazon.com before
I know this wasn't the original gist of your post, but if you just make the new TLD people will get used to it. Of course, having a pronouncable extension helps, I personally don't care for
Make lots of $ then... (Score:1)
Re:THIS IS ICANN's FAULT!!!!!! (Score:1)
TLDs are not the answer (Score:1)
*sigh* Here we go again.
Yes, ICANN sucks, but no one pays attention to the meaning behind TLDs anyway. Is slashdot.org really a nonprofit? Is penis.net in the network field? TLDs, as it stands right now, are completely useless. They have no meaning, other than to serve as a top node for the DNS system. Even if ICANN was to come out with a new TLD, it should be .parody . That way, the corporations can still
sue everyone with a com/net/whatever for "false representation of their
trademark" ... but it's hard to argue that a visitor was mislead if the
site is hosted at a .parody . "Gees, I thought Pepsi(R)(TM)(SM)(C)(P) was
really injecting thought control drugs in to their drinks, it says so at pepsico.parody"
Of course, TLDs mean nothing unless the are enforced (and who the hell is going tackle that giant task (and where does the $$ come to fund that)), so nix that idea.
Re:This is REALLY getting silly... (Score:1)
Thanks a lot! (Score:2)
They Ruined Conventions too! (Score:2)
ttyl
Farrell J. McGovern
Founder, CAN-CON [achilles.net] Ottawa, Canada (That is the same places a OLS [linuxsymposium.org])
Bah, they're toast anyway (Score:2)
And with their attitude -- homogenizing fansites for profit -- and their actions, they deserve to go under.
Good riddance, won't be missed.
Re:Well (Score:2)
And this case is not even about infringing on a copyright.
The Cure of the ills of Democracy is more Democracy.
This is REALLY getting silly... (Score:2)
So, to sum up the story, a corporation with a bunch of money starts a mass of homogeneous website for "fandom" (note the "little 'f'") to protect them from bullying IP lawyers...and their IP lawyers are now attacking any "fandom" that isn't in the "Fandom.com" club.
To me, this raises a couple of questions:
A vote for the lesser of two evils is still a vote for Evil.
This isn't squatting. (Score:2)
I think that POOR VICTIM's best course of action is to tell them to shove it up the EVIL BAD COMPANY corporate ass, perhaps in better terms though.
I still don't understand how POOR VICTIM can really be domain squatting if they actually have a valid website up with relative content. Domain squatting is registering doctor.com and bidding it off to the highest bidder.
Someone has their head so far up their ass it's just going to be nasty. Remember Colgate-Polmolive Vs. ajax.org, same thing.
Re:Future Effects (Score:2)
It's already in a dictionary.
Fandom.com contact info (Score:2)
Re:Trademark Dilution (Score:2)
FIASOI (Score:2)
Is
A
Source
Of
Income
Good idea but ironic example. (Score:2)
Why should businesses have to move? (Score:2)
So let's make a "trademark free" zone like
Surely, this system might take the sting off of people claiming guinessbeersucks.com must be taken back or they will go broke, so joe blow must give it back and has no rights to it. Just take guinessbeer.ffa and be set for life with your audience. Of course the corporations themselves would be prohibited from owning their own trademarks there.
Also, we still need a
-Ben
Re:No sympathy for Fandom.tv (Score:2)
Fandom.com is just trying to "own the space", and since it's not their space to own, I really hope they end up paying fandom.tv's legal fees.
Re:Oops. (Score:2)
purpose of TLD's? (Score:2)
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Re:Trademark Dilution (Score:2)
They are doing the legally required trademark protection so as not to lose it.
Maybe no one but me read through the entire article. There is this link [uspto.gov] on page three. According to the USPTO, Fandom.com's claim on the word Fandom as a trademark is "Abandoned: Applicant failed to respond to an Office action." It's a bit late now for them to be whining about it, don't you think?
2000-06-19 - Abandonment - Failure to respond
1999-10-29 - Non-final action mailed - 1st action
1999-10-15 - Case file assigned to examining attorney
ISTM that they they are crying foul (where a foul is said to be a breaking of the rules) when apparently they didn't want to play by those same rules themselves before now.
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"by the fan's, for the fan's" (Score:2)
Obviously the apostrobphe has taken on new meaning since I last used it.
Whats up folk's!
There, now I have it right...
Fan sites unite! (Score:2)
Still, their idea is a very good one. A union of fan sites would have more power. Affiliate sites could spread the news of impending lawsuits or cease and desist orders much further and more quickly than a lone site. Publicity is often all it takes to curtail a corporation's bad behaviour. Information could be shared, about the little guy's rights, about what legal steps to cover your ass, etc. The knowledge gained in one skirmish could be used by all.
The bottom line is, fan sites are created by fans. When corporations bully the fan sites, they are bullying their customers. And if enough of their customers get angry about that kind of behavior, change can be effected. Fans do have a lot of power in the relationship, if we can find an effective way to use it.
Re:THIS IS ICANN's FAULT!!!!!! (Score:2)
Of course this gets deeply into the whole Global vs Country debate, but unless the TLD is hosted in a country without any trademark laws its going to be a problem.
Well, welcome to the digital world... (Score:2)
Re:One more time... (Score:2)
Fine, but do you know how many search engines there are out there? Or how many there were when google launched? Who would be using the cutting edge search engine 1/1/3867?
Re:One more time... (Score:2)
You really mean "...what is so hard about using 64.209.200.100 to find something..." don't you?
I guess you just answered your own question.
Re:There is a case for supporting them, you know. (Score:2)
I mean, the article is quite clear - there are hundreds, if not thousands, of "fandom" type websites. Now that this company has gotten a bunch to join with them, they want to stomp out fan sites that don't join - and any other competitor.
They said the word "fandom" has been around since the beginning of the 20th century, and now someone wants to claim that anyone who uses that word in their domain is cybersquating?
I say to them: BITE ME.
It's like comparing "fandom" with terms that have been diluted, like "kleenex" and "q-tip", only those are words created by a company - they wouldn't come after you for using "tissue". Imagine tissue.com trying to shut down tissue.tv claiming they were cybersquating. Give me a break.
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Re:Fandom = dictionary term (Score:2)
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Trademark Dilution (Score:2)
The little I know about trademarks has led me to understand that if a trademark becomes diluted, that is if they the holder of the mark fails to prevent the word from becoming commonly used, they lose their right to it. This is why the Kleenex folks are always ranting and raving about using generic terms such as "tissue." They are doing the legally required trademark protection so as not to lose it.
So it might seem that even if Fandom.com does have a trademark on the word, which the article casts as unlikely, that the word has been so heavily used that they have ground to stand on to claim it as a trademark.
Dan
Re:Fan sites unite! (Score:2)
2 problems with the above... That's a good definition of a .org , not a .com - .com means for profit in my book - secondly, the domain was originally registered by a British science fiction fan called Chris O'Shea, reportedly he was made an offer he couldn't refuse.
This story was reported a while back in the multi-award winning SF newsletter "Ansible" (www.ansible.co.uk), adding "Others quickly bagged unregistered `fandom' domain names: Michael J.Lowrey now owns fandom.co.uk and fandom.org.uk, and would like these auctioned to good Britfannish homes with proceeds to TAFF."
Re:If I recall the ICANN domain dispute policy... (Score:2)
Re:It's just like etoy, they don't have the mark (Score:2)
It's just like etoy, they don't have the mark (Score:2)
This is called RealNames. (Score:2)
Besides, if you have a company, or product that is say, the "netshredder". Nowadays, people look for you automatically at netshredder.com. Where do they go now? netshredder.ustm? .gtm? .com? .product? I personally think that we need a *better* way of handling domains that is "product" friendly
The people at RealNames [realnames.com] thought of this too and created RealNames Internet Keywords.
Tetris on drugs, NES music, and GNOME vs. KDE Bingo [pineight.com].
The .parody TLD (Score:2)
Even if ICANN was to come out with a new TLD, it should be .parody . That way, the corporations can still sue everyone with a com/net/whatever for "false representation of their trademark"
That's why OpenNIC [unrated.net] created the .parody domain. Install OpenNIC nameservers [unrated.net] in resolv.conf (or the Windoze equivalent) and learn more at http://www.parody [www.parody]. (Note that you have to know somebody who has root on your mailserver to be able to send a registration request to hostmaster@parody.)
Tetris on drugs, NES music, and GNOME vs. KDE Bingo [pineight.com].
The Evil Empire continues... (Score:2)
I, for example, have a site registered for my family that is my last name. However, put a
Now, granted those sites are different and this fandom one is the same sort of content. But this isn't amazon.net, the network of books. This is a commonly used word since 1906 (according to the article). Besides even the evil geniuses at amazon.com allow someone else to own amazon.net. If I remember..there was once a dispute over gateway.com, where the computer company was forced to gw2k.com? Was that so bad? Did people still make it there?
Bottomline, IMHO, there is room enough for all of us out there. Can't we all just get along?
Re:Trademark, not copyright (Score:2)
But, according to the article, there is no valid trademark.
Even so, it has to go the the domain name resolution process.
Let them go after TVLand. (Score:2)
Re:One more time... (Score:2)
Oh, a wise guy, huh? You are right, this is the stumbling block with a numberic system: the first step of getting a search engine ot directory service. The solution, like the telephone system, is to have a handfull of standard numbers for these services. So http://1/1/1, 1/1/2 , 1/1/3 etc could be assigned to search engines and 1/2/1, 1/2/2 etc to directory services. This would require some administration on behalf of the organisation looking after the assignments, but I don't think it would be too hard.
BTW I only use slashes to divide the numbers in these examples because it reduces the number of people that say "oh, IP addresses", in fact I think dots are better and hold out the possibility of doing the whole thing without changing Bind (v8+).
TWW
One more time... (Score:2)
I've said before (there would be a link at this point if /.'s search engine was any good) that numbers (in a hierarchy system, eg http://13/1832/7, this is not IPs) are the only solution and got nothing except "I can't remember numbers" back. Like I can!
Letters score over numbers in only one way: advertising. It's a lot easier to read and memorise a name. But the cost is all this cyber-bulling, as the article calls it. Ultimatly the whole point of the DNS structure is going to be lost in that domain owners will effectivly claim the right to use all the TLDs for any given domain name (in the case of Wal-Mart for all possible domain names starting with the letters Wal)
The degree to which the TLDs are already irrelivent is something which /.'ers do not seem to be aware. The namespace in DNS is actually shrinking and, as long as lawyers get money for making it shrink, it will continue to do so until only companies can afford to buy useful domain names.
But, to get back to the numbers, what is so hard about using Google to find something and click on the link? Nothing, and how would it be harder to do that if the url in the link was numeric?
In a similar way, directory portals like Yahoo would still work to most people's satisfaction as would bookmarks and links in pages.
The point I'm making is that a numeric system does not have to require users to memorise huge lists of long numbers.
Using telephone numbers is not a good idea, though.
There is a problem, it is getting worse, if you don't like my solution tell us yours.
TWW
.REG Top Level Domain (Score:2)
I have been campaigning for the TLD of
The USPTO and DoC have given big business the controlled usage of all words.
The authorities have bastardized our language - they have taken all words away from us and make them fit for only one use - only as trademark system. It is a very bad system at that, used by only one supplier of each name, out of thousands worldwide.
Extract of 9 October email to DoC & USPTO:
"Here is an analogy, just for a moment imagine, if you will:
You go to your dictionary and look up definition for the word 'apple'. It says the following:
Apple - a maker of computers. This is the sole meaning; any other use will be a criminal offence."
Proper use of Trademark (Score:2)
If Fandom is trademarked name it should be identified as such.
I have been campaigning for the TLD of
The proper use of a trademark - It has to be set apart by special typeface or script. And use "tm" for an unregistered mark and "®" for a registered mark.
The Domain Naming System (DNS) encompasses all words - it is NOT a Trademark System, so requires a tag - like "tm".
The TLD of
Anyone that says the DNS is a TM System is abridging the freedom of speech. Which means they are against the First Amendment.
Something that Secretary Mineta, DoC, seems to be. I have told him so!
You could also ask Paul Mockapetris, creator of Domain Name System. He will tell you it is not a TM System.
Re:Trademark Dilution (Score:2)
Actually, Apple Computer had to make a deal with Apple Records saying that they would not go into the music business. This became a bit of an issue when the Mac II was going to use an improved sound chip.
Fandom.com: "Screw the Fans, For the Money" (Score:2)
Or was not registered as of this writing...
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Fandom? What fandom? (Score:2)
I run a fan-site myself (although I doubt I'd ever be a target of anything: fandom of Elite and Frontier First Encounters [alioth.net] is rather a niche kind of thing to start off with).
But I have to think: what could I do if I was threatened in this way? In reality, not a lot, and sites like fandom.com know this - and use it to their advantage. They know they can steamroller the 'little guys' and they do.
My father told me one thing when I was a kid - concerning company mergers. "Son, in business, there is never a marriage. Only a rape".
When fandom.com picks up a new site - marriage or rape? I would HOPE it would be the former. But it looks like my Dad was right all along...
Well (Score:2)
The jury would laugh it out of the court room and "fair use" would result in copyright holders to think twice about submitting these "cease and desist orders".
This Sickens Me (Score:2)
The word "fandom" been around since 1903 (from article) thus, they cannot claim trademark infringement. If they somehow manage to do so, I'm going to register www.chair.com and bang on everyone's doors with cease and desist letters.
As for cybersquatting, that is defined as registering domain names with the express intent of reselling them for profit later. This is something that was *not* done. The site www.fandom.tv is a legitimate fandom site. It reminds me of a story I heard about coca-cola suing some guy somewhere for having www.coke.(ccTLD) Apparently, it was a memorial site for his friend that died from cocaine. Does anyone else remember this?
Gah! This whole thing makes me sick.
Since when is this news? (Score:2)
Pass the monopoly, please.
-Kasreyn
(Yeah I know this is kinda a weak post but compared to the offtopic flamebait and trolls in this conversation already, it's downright Insightful 5 if ya ask me
Re:This Sickens Me (Score:2)
Re: (Score:2)
Re: (Score:2)
Re:Trademark Dilution (Score:2)
The initial strength of a mark, at its inception, coincides with a spectrum from arbitrary to generic. Arbitrary marks always function as marks and are strong. Generic marks (SHOES for shoes, PEN for pens) never function as a trademark. Within that spectrum, from strongest to weakest there are "fanciful," "suggestive," "descriptive" (I'm sure I forgot one).
FANDOM is a descriptive mark (possibly generic) and could function as a trademark if they can show that it has secondary meaning. That is, if the owners show that FANDOM.COM functions as an indicator of source or sponsorship of the goods and services produced underneath the mark it could be registered as a mark.
I think the USPTO probably said that they haven't demonstrated the required level of secondary meaning.
Or their attorney missed a filing date and it was considered abandoned.
Apple Computer succeeded because it could show that there was no likelihood of confusion between the Apple computers and the Apple records. Both marks were arbitrary within their respective industries and where inherently strong and distinctive.
-What He Said
More at stake than just the domain battle (Score:3)
What bothers me more and something that I watch out for is this umbrella'ing of the various sites at one 'official' place for the legal protection specifically mentioned here. Fandom.com is one, but I know several other examples: WB had set up AcmeCity for fan pages with the ability to use graphics and sounds that WB had granted permission. LucasArts set up the Star Wars site for all SW creative efforts. I'm sure there's more. I think from one aspect, this is a great thing, as it shows that said companies realize that fandom DOES exist on the net and it's better to nurture it (with some ability to trim) than to let it run rampent without checks. On the other hand, all they are doing this for is for the publicity and profit, mostly. There's ad banners at most of these pages, and because it's a fandom site, it's really easy to target it. Some sites say the content becomes theirs, even if you leave the site. But again, if there are any other alterior motives, they haven't been made obvious yet.
I've been watching how the commercialization of the net has affect net fandom, and to be truthful, I don't think we've lost much. If you try to put long clips (or whole episodes) of a show on the web, you'll be shut down, but short clips as per fair use tend to be ok. You try to put up images or stories that put characters that shouldn't even be in compromising positions into compromising positions and you'll be hit. You try to make money off the visitors to your site using fair use items, and you'll get a nice letter. But these are all obvious cases of reasonable copyright/trademark protections.
What I'd REALLY like to see, instead of an umbrella'ing of sites, is for the various entertainment companies that hold the copyrights to fandom's programs to create a true contract (you'd have to mail it back in and such signed) whereby you and the studio agree that you have a fan site, and that you'll run it within all the usual provisions of fair use and non-infringing copyright as expected, for non-profit use, but on any server that you want, with the agreement that if you do happen to post something that shouldn't have been, the studio would work it out with you as opposed to immediately taking action (in others, some legal protection). In addition, I'd really like to see studios hire 'fandom correspondents', part-IP lawyers, part webmasters, that would be able to work with independent site owners to determine what is fair use and to make a better connection between the fans of the show and the studio.
Uh oh. (Score:3)
...because they're in for a shock when they go after femdom.com.
heeh!
If I recall the ICANN domain dispute policy... (Score:3)
The complainant (fandom.com) must demonstrate that 1) the alleged infringer has a name that is confusingly similar, 2) the alleged infringer has no rights to the name, and 3) the alleged infringer registered in "Bad Faith"
Fandom.tv is confusingly similar, but seems to arguably have rights to the name -- Fandom may be considered too generic a name to be a trademark. (Of course, this all depends on how well the lawyers argue it.)
As for Bad Faith, Fandom.com probably will (in this case) try to prove that Fandom.tv registered the name in order to benefit from the people confusing the too -- that is, their nabbing fandom.com's readers. But that seems a little silly, since who would automatically the .tv instead of the .com?
From the article, there doesn't seem to be a bad faith intent here. So while this does not appear to be cybersquatting, its fuzzy as to what can be proved.
THIS IS ICANN's FAULT!!!!!! (Score:3)
This is TOTALLY ICANN's fault.
ICANN had (and still does have) the opportunity to create a .GTM domain for the EXCLUSIVE use by global trademark holders. They should also set up .USTM, .CATM, .UKTM and so on, domains for national trademark reservation. Use of the .COM, .NET and .ORG should be open and free for all purposes, AND SHOULD BE LEGALLY INSULATED from "Trademark Bullies".
I've been saying this for two years now.
ICANN...WAKE THE HELL UP!!!!!!
"A microprocessor... is a terrible thing to waste." --
Re:Trademark Dilution (Score:4)
The Cure of the ills of Democracy is more Democracy.
Well done: you are FULL of shit. (Score:4)
The comparision with Ford is misleading. A closer example would be if someone owned "cars.com" and someone else started "cars.tv". If you take out a domain name which is a single, non-trademarked generic term (like "Fandom") then though titties if someone else uses it, mate.
And, anyway, the whole point of the TLDs (generic or country codes) is to divide up the namespace and allow this sort of thing. The reason it doesn't work is twats like you don't understand or honour it.
Taking your approach would mean the removal of TLDs: we would just have www.ford or www.ms or whatever, since you are saying that owning a domain in one TLD should be equivalent to owning it in them all.
TWW
Re:No sympathy for Fandom.tv (Score:4)
Then what's the point of having a
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