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Amateur With Call-Sign Deflects Domain Challenge 108

Posted by michael from the making-waves dept.
ivi writes "Check out the story at the American Radio Relay League's web site." I thought this was interesting because it seems likely that QVC was sending out "bulk" threat letters to anyone with "QVC" in their domain name. This practice has become common, and there are even companies that specialize in providing this, uh, service. The domain owner handled it well, and QVC backed off - but there still seems to be something slimy about the act of sending out threats in that manner in the first place.
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Amateur with Call-Sign Deflects Domain Challenge More

Amateur with Call-Sign Deflects Domain Challenge

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  • updates noted? (Score:1)

    by Anonymous Coward
    If the story has been updated or changed, shouldn't an addendum be added to reflect that? It seems like the ethical thing to do, if an error was made.

  • Strange is it not, that a British citizen has to cite this to you?

    There is no such thing as a British citizen; you may be referring to her Majesty's subjects?

    Strange, is it not, that a French citizen has to correct you on this?


    --

  • So why do trademark holders go after people using the "mark" outside of commerce?

  • Shopping channel on tv. The idea is, you watch some people enthusing about this wonderful product that they happen to be offering a good deal on right now, and 40 minutes later you can ring in and pass over your credit card number in exchange for something that wont arrive until the postal service can be bothered to deliver it.

    Much like buying stuff off the internet, except it's on TV instead.

    Don't ask me why, but some women are addicted to it. They find the product presentations highly amusing and entertaining. (I guess it keeps them quiet between soap operas.)

    I never watch it, but I don't have to pay to receive it, so personally I'm not too fussed.

    ~Cederic


  • If your customers are ringing up complaining about " and @ then perhaps you should send out your computers with the correct fucking keyboard mapping.

    Donkey.

    ~Cederic
  • They changed it now. Interestingly, they did this by replacing it, not by adding an UPDATED: thingy on the end.

  • Erm (Score:1)

    by Damion ( 13279 )
    I do believe you mean QVC, rather than JVC.
  • It is better to to have /etc/init.d/love start and kill -9 start than to never have /etc/init.d/love start

    Don't you mean kill -9 love ?
  • On a simlar note. About 5 or 8 years ago we bought my Grandfather a word processor- you know with the little 13" orange terminal screen and keyboard. He is one of the smartest men I know, but was about 80 at the time. He basically figured out the directions, but didn't know what a "cursor" was. Once we explained that it was the blinky light that located you on the screen; it all clicked and he has now moved on to an actual PC. If he had to call tech support it would have been an "annoying call" with some "dullard", but it really wasn't. I have a fair amount of respect for support folk, because I did it for a spell, a few more months and I would have gone off my rocker.
  • And what about when they go after poor old Granny Smith.................
  • but surely we could hope to not make an error this egregious. jvc? qvc?
  • "herassment"

    What does her ass have anything to do with it?
  • When will corporations realize that trademark status doesn't give them the right to bash others over the head unfairly? This case is as silly as, say, Apple Records going after Apple Computer in court over trademark dilution. (Apple Records was unhappy about onboard sound I/O in Apple Macintoshes, hence the "confusion". Sure... and now let's see if Apple Computer and Apple Records go after the group the Apples In Stereo)

    ----
  • Apple Records was unhappy about onboard sound I/O in Apple Macintoshes
    I thought the dispute was over the Apple IIGS, not the Macintosh. The Mac's sound-generation capability is relatively weak (PCM audio at a handful of fixed frequencies), but the IIGS had a fairly advanced (for the time, anyway) wavetable synth chip, the Ensoniq 5503.

    Either way, the Beatles (Apple Records was their label) didn't have a case.

  • It seems more common these days to see examples of companies believing they own the "right" to anything that could remotely have anything to do with the name of their business or their type of business. Hopefully they will learn some day.

    -----
  • Actually, when Apple (the computer company) started, they apparently were approached by Apple Records over trademark infringement. The computer company agreed that they would not be in the music/audio business, and were not going to enter into such business.

    I've often wondered if that might be why their machines have such weak sound support built in...

  • QVC and Home Shopping Network are two separate entities. On the tastefulness ladder, QVC comes up only a knat's hair higher than HSN.
  • I was channel surfing and stopped at QVC when I saw them selling a computer. They were selling a system (something like a PIII or Duron, 20gig HD, big monitor, printer, other bits & pieces) for about $1,600. Based upon all the hardware they had laid out there, I'd guess that something in the neighborhood of $1,000 - $1,200 was more realistic.

    Then I saw something rather disturbing. They show you the $1,600 price on the left hand side of the screen. Directly below that price, in slightly smaller text, is the "Retail Price." They were claiming that this system retails for *** FOUR THOUSAND DOLLARS ($4,000) *** if you were to buy it in a store. Talk about lying through your teeth!

    I know that at certain times during their programming day they bring up some words on the screen and a voice explaines how they define "retail price". My interpretation is that they are saying that they effectively make the number up. Regardless, they don't show that disclaimer too often, so that if you're watching something, you're more apt to believe the lies they tell about retail price.

    The scary part is that, as the above poster mentioned, the people that primarily watch and buy things from QVC are rubes. The scarier part is that who knows what kind of scam they're pulling with the alleged "retail" values of the jewelry they sell. *shiver*
  • It came in the name of Santos L. Halper. What a riot!
  • This is really the cause of a lot of busines ppl. in a company trying to have something to do. I mean i agree when someone has a website www.yahhoo.com. and puts up porn (i remember something like this a little while back).

    But to go ahead and buy every freaking domain that matches your name or company's name retarded. I had an argument with a few ppl. about not buying {nameofcompany}-sucks.com
    what the hell are they going to ? track everything.... and org/net/com/edu dont mean anything to ppl anymore either..... I tell you, some ppl will come up with a company to provide these "services"(CRAP). They wear the right clothes, do proper "relationship management"(WOOL_OVER_YOUR_EYES) and milk you for dough!!!

    hmm.... i just cant stand ppl who refuse to think!

  • This would be the same as if I trademarked a common string of characters (like st) and tried to sue everyone who used the characters st in their company name.
  • Does it surprise anyone that in america corporate rights come before free speech? oh please.

    i dont see why we even post this stuff anymore, america's such a pathetic place. and people don't even care. Remember, this is a place where 45% of the population voted for the son of the head of the cia, a man who passed the first law in over a hunred years to allow concealed handguns into churches and amusement parks.

    I can't wait to graduate and move to london...

    all that hype about the net creating a more educated, liberal citizenry was just that, hype. What it created was a society even more polarized and stratified, where people can find a whole chat room/discussion board full of other people with the same specific set of beliefs as they have. Just like this one...

    ___________________________
    http://www.hyperpoem.net [hyperpoem.net]
  • Actually there has been a historical distinction between British citizens (thos born or naturalized in the United Kingdom) and British subjects (those living in countries that recognize Queen Elizabeth II as queen such as Canada and Australia). British citizens are also British subjects but not the reverse.
    The concept of British subject has almost disappeared but my mother, born in Australia, was able to vote in Canada for 30 years before she became a Canadian citizen because she was a British subject. She became a Canadian citizen only when the changed the law to only allow Canadian citizens to vote.
  • QVC is also known as the Home Shopping network here in the states.

  • ...so I can downgrade of some of these messages. Egads! Today we will get to see just exactly how many posts complain and/or use profanity in regards to the JVC/QVC error.
  • Hi,

    I've got my "United Kingdom of Great Britain and Northern Island Passport" in front of me. Under the heading "Nationality" is says "British Citizen".

    Awful photo though...

  • Region 7 (The Amateur in this story is N7QVC if I read the comments correctly, the arrl link is likely slashdotted...) is mostly midwestern states like Oregon, Washington, Idaho, Nevada, etc.

    Umm ... Oregon, Washington, Idaho, and Nevada are very rarely referred to as "Midwestern" states. Typically, when I think of the Midwest, I think of Michigan, Illinois, Indiana, and maybe the Dakotas.

    -
  • UCLA tried sent notice to me because my domain name contained the characters "ucla".

    What a crock.
  • I'm a mac user. Why did your little reactionary mind automatically assume that I was a windows user? Please respond, this is hilarious to me.

  • nonexistent editorial skills

    You think you have better? Visit Kuro5hin [kuro5hin.org], where YOU choose the stories!


    Like Tetris? Like drugs? Ever try combining them? [pineight.com]

  • Slashdot should open up an entire new area just for trolling and who can do the best flames.

    You mean like sid=trolltalk [slashdot.org]? That's where trolls hang out, organize their activities, etc. There was another Slash-based site called Hotgrits.org that was essentially a troll playground, but that shut down. But let's get this straight: mentioning Natalie Portman on Slashdot is counterproductive [everything2.com].


    Like Tetris? Like drugs? Ever try combining them? [pineight.com]
  • Link to a mirror you DDOS bitches....haven't you figured it out yet? Anyone got it cached?
  • Just change your name.

    What the flying fuck is QVC? Details people!

  • The article actually states that the offending corporation is QVC, not JVC.

    Has anyone heard of QVC?
  • stands for Guaranteed Overnight Delivery. I've seen the their trucks driving around (in Brooklyn, anyway). I imagine their unique name might have even gotten them some extra business, and I doubt there was any confusion about industry they serve. If the original name-holder hasn't stopped G.O.D. by now, then QVC should take the hint and lighten up. (Of course, then I'm comparing QVC to God, the deity. Ugh.)
  • On a slightly related note...

    I'm sure nobody here cares, but when I took the AP English test a few years ago one of the essays that we had to write involved some correspondence between Coca-Cola and a book publisher. Apparently, the book publisher was advertising some book (I can't remember which one now) as being "The Real Thing." Well, since Coke's slogan was "It's The Real Thing" they decided to take offense to this and sent some kind of cease and desist letter to the publisher. Anyway, the publisher sent back a letter something along the lines of "Although we could see where a person could walk into a book store, pick up a book with the slogan 'The Real Thing' and mistake it for a soft drink, we won't cancel our advertising campaign." The book publisher's reply was really quit witty and made good light of the situation.

    Anyway, not that anybody cares...

    --------------------------------------

  • I've already got problems with a credit card company sending my cat, Cindy, credit card applications. When will they get this shit right?

    LOL. I'm reminded of the Simpsons episode where Bart has a credit card sent to Santa's Little Helper. But he was doing it intentionally, unlike the CC company in question here....

    ---
    Put your feet out and stop ... climb out and hang ...
  • Yeah, I mean why do they have a corrections section in a newspaper anyways?

    [because if they don't JVC would sue them for slander. think CYA].
  • You do remember that when you took that test, you signed an agreement not to disclose the questions or the contents of your essays? No? Well, you are now in violation of the DMCA, contract law, and the Large Stupid Companies With Monopolies On "Education" Act.

    But yes, it was funny, and what was funnier was the students who wrote essays explaining that Coca-Cola was totally correct, and the publisher was "rude" to them. (As an exercise, we got to grade previous classes' answers in our class.)

    --

  • gave Tony the call sign N7QVC. Granting him use of this mark

    You can't just substitute one word for another and have it make sense. A call sign is not a trademark. I don't know the law completely, but Amateur radio is not Commercial radio, and trademarks are only for commerce. No commercial trade, no trademark is the way the law reads. in conjunction with all uses of HAM (amateur radio). This would include QSL cards and website making reference to his HAM activities. This could be considered a trademark in itself.

  • because once you are granted the rights of a TM holder, you have the right to go after people. But you can't get the TM rights without engaging in commerce.
  • I am not substituting one word for another

    I think you are quibbling. What you said was, "granting him use of this mark"; "mark" is a term of art and means "trademark" He was not granted use of that call sign as a trademark because only the PTO can do that. Yes, the work "mark" has other meanings, but when you are discussing trademarks, substituting in those other meanings will not help you to arrive at a sound legal argument.

  • Amateur Radio callsigns are handed out by the FCC in a set pattern--one or two letters, one number, and one to three letters.

    The first one or two letters indicate the country of origin. The US gets prefixes A, K, N, W, AA-AL, KA-KZ, NA-NZ, and WA-WZ. Which prefix you get depends on which license class you're being licensed for.

    The number indicates the geographic area of the country the licensee was living in when they got the license. Area "7" (as in K7QVC) is the Pacific Northwest--Oregon, Washington, maybe Idaho and Montana, I'm not sure.

    The last 1-3 letters are handed out in alphabetical order. It's now possible to request a "vanity" callsign or request an old callsign of a dead/no longer licensed operator, too.

    So when I got my Technician ticket in 1992 I was licensed as KD4QDP. When I upgraded to Advanced in 1995 I reapplied and got KS4RY. If I ever get an Extra class license, and reapplied, I think I'd end up with something like AF4XX or AG4XX.

    Hmm, wonder if they ever gave anybody N2FUK or KD5SEX? Time to dig through the callbooks...

  • This is exactly the mob-handed, clusterbomb approach that we all expect from corporate America.
    Think how much simpler and easier it would have been to simply visit the site, spot that it wasn't commercial, and send an email saying something to the effect of
    "We've seen your site, we're happy you're not diluting our brand, please don't use your domain for commercial purposes".
    Of course, this is what '.net' and '.org' suffixes are for...

    Then again, consider the line QVC could have taken. They did back down and admit their mistake, which would seem to be a good result for both parties. N7QVC gets to keep his domain, and QVC retain a little bit of 'face'.
  • I heard also about this kind of pseudo-legal strongarming to steaql a domain name, lately : it's "ldh.org", which has been belonging to a group named "LDH" for 4 years, and all of a sudden a french lobby named "Ligue Francaise de Defense des Droits de l'Homme et du Citoyen" (LFDDHC) bullshit-claims that their trademark is "LDH" and fills a complains to WIPO-domain name disputes, in addition to harass the domain-name holder, a guy who lives in Japan. More interesting is that that guy scanned the entire registered mail and displays it on his site, to show the lame arguments used to try to rip the domain name. it's in french and well worth the reading --> http://www.vidovic.org/augustin/pages/lfdh_rar/
  • It's nice to see someone win one of these disputes.

    It never ceases to amaze me what lawyers with time on their hands will come up with.
  • Please read the auguments before condoning idea.

    You do realize that two companies in completely unrelated industries can share the same trademark, don't you?

    Yes, of course I do. To quote my original posting:

    You did not deny that a classification was required. As we know it is essential to identify it from many others of the same name, you could not.

    The obvious solution (if you bothered to read wipo.org.uk) is name.class.country.REG - ie domino.food.us.REG

    For your information, free speech laws everywhere are being eroded.
  • I was born in Britain, therefore I am British.

    I have the rights of inhabitants of Britain, therefore I am a citizen.

    Ergo - I am British citizen.

    Strange, is it not, that a French citizen has to nit-pick on English grammar ;-)
  • Mr Mayor, the use of the name "World Intellectual Piracy Organization" was to make a point. For you to say it discredits the idea, you obviously missed something.

    I am sorry if the point was to subtle for you - it was meant to be totally obvious. It is for WIPO.org.uk to be a direct challenge to WIPO.org. A politer methods would not work.

    You have not a blinking clue what your are talking about. Look at the domains bullied off people. Domain names are about First Amendment - if you are stopped using xfirm.com to complain about it. OR to take away a childs site about their favorite team or cartoon character.

    Are you trying to redefine the First Amendment?

    "abridging the freedom of speech" - means just that. Are you attaching provisos? - remember, libel is another matter.

    You say - "ICANN has already taken the stance that trademarks != rights to a TLD." - The evidence does not back this up. Look at the list thus far taken.

    As for arrogance - look to the authorities actions. Look at your response. I can give as good as I get.
  • QUOTE: And as for my statement about ICANN, they have indeed taken this position. Now, that doesn't stop trademark holders from attempting to bully domain holders. Nor does it stop domain holders from giving in to their bullying. But it *is* their policy.

    Then, dear Sir, why do they continue to let WIPO take the actions that they do.

    Why should Madonna (the singer) have world rights to madonna.com?

    I have not taken GarryAnderson.com, because I recognise other people out there with my name.

    Hardly the act of an arrogant man - do you think?

    I believe actions speak louder than words - ICANN's policy is obvious to me - and I think to you also.
  • Only in America! I do have a question, the Ham call signs, are these given out by the FCC or someone and is regulated?
    Since IANAL, maybe he could lodge a letter of complaint with some federal agency about harassment?
    It seems more and more that corporations are gaining more and more power. Eventually they could build their own governments. Ooops, already happened
  • if I had some corp attacking me like this, I would go the super-meek route, defend myself in court, and submit briefs with titles and or content along the lines of: "Please don't do this, Your Honor" and "This is Ridiculous!!!".

    Then I would send a few emails, ZDNET, Slashdot and MTV.com. y'know, drum up a little support from the press. then I would start an email assault on the corp's CEO, sending him cut&paste news bits and pictures of my sick mother. and I would cc: the stuff to the other officers, the PR dept, the Legal dept and the judge. then I would file for bankruptcy, especially if I don't need to. then I would issue a press release of the top 10 slashdot submissions flaming the evil corporation. this would make good copy, thus my ridiculous assault might get some decent press.

    After a week or so of drumming up cheap press stunts and protest legal briefs, I would allow them the opportunity to settle the case by paying me the $$$ to change my domain name.

    Now I know this all sounds ridiculous, foolhardy and sure to be met with scorn and simply dismissed as contempt by the likes of a Judge, but I believe obstinancy and stark earnesty would carry me along rather far down this trail. The underlkying theme will be the inequity of the situation, the fundamental unfairness of a corporation bullying citizens about... After all, we came to America to escape the opression of the ruling classes of Europe!

    :)Fudboy
  • the assumption is natural, i'm a mac user too, i'm also a un*x/linux user, and i don't appreciate such poorly made criticism... of course, it's a pretty safe assumption, and i doubt you're much of a mac user, anyway... you may use a mac, but you don't have much pride for the alternative OS lifestyle, so don't go around asking to get beaten over the head, because somebody eventually will...

  • Read up at ICANN [icann.org], who decide these things. Yes, trademarks hold sway with domain names.

  • Except that our computers, as directed by the overlords at Microsoft, are installed with the OPK routine, which makes the customer enter their own product ID and select which country they're in.
    Mule?


    --
  • Everyone knows that having a trademark should give no rights to the domain name. But has there been a precedent set that I missed? Do these people actually have a case if they want it?
  • This is /.
    since when has ethics played a part in posting?!
    --------------------------------------- ------------------------

  • Sesamestreet.com sues QVC for trademark infringement

    New York - January 15, 2001
    Sesame Workshop Online (www.sesamestreet.com) is suing QVC for trademark infringment, in a suit filed today in Federal Court. The announcement was made as part of a program to challenge letter trademark infringment worldwide.

    Sesame Workshop, also known as Sesamestreet.com, is bringing suit against many of the most flagrant violators . "We having been broadcasting shows that have been brought to you by the letters "C", "Q", and "V" for several decades," responded Kermit the Frog, President and CEO of Sesame Workshop. "Arranging them in an obvious way does not change the fact that they [QVC] are trying to cheat children. We have a very liberal letter licensing policy, and we welcome them apply for a license."

    It is well known that Sesame Street drove another children's program, "The Electric Company" off the air and out of business, when TEC attempted to use unlicensed letters to make words during their program.

    "This unauthorized use of these letters by QVC is an infringement of the Sesame Street marks," said attorney Stanley C. Waldorf III, of Statler and Waldorf, LLC. "That is, their use of the letters "C", "Q", and "V" is likely to cause the public to believe that they are sponsored or approved in some way by our client. In addition, their use of these letters constitutes false advertising, because it misrepresents the nature, characteristics, qualities and origin of their commercial activities."

    Although not available for comment, it is believed that IBM, HP, and AT&T are targets for the next round of lawsuits.

  • > I've already got problems with a credit card company sending my cat, Cindy, credit card applications.

    But why not help your cat make a good credit history?

  • ...his call sign is N1DGC, and if he decides to register N1DGC.com, then he'd get sued by the David Geffen Company.

    It's a mad, mad, mad, mad e-marketplace!

  • If anything, QVC deserves a lawsuit... (Score:2)

    by Anonymous Coward
    For mailicious interpretation of the words "quality", "value" (even more so), and "convenience" (which is as convenient as a push web site). The very concept of push merchandising is so dead, it is unbelievable.
  • This is the reason given that one of the first sounds on the macintosh system that was played on startup is called ....

    sosumi

    so-sue-me
    --
    Mike Mangino
    Sr. Software Engineer, SubmitOrder.com
  • I know it's hard to read every link posted to slashdot's front page, but it would be nice to think someone was trying.
  • I'm sorry. I didn't read the wipo.org.uk site beyond the name. The name, "World Intellectual Piracy Organization", really did little for me than to discredit the idea. I am sorry for that; I should have read further.

    But, please, don't go off on the First Amendment. TLDs really have nothing to do with that. As I stated in my prior reply, ICANN has already taken the stance that trademarks != rights to a TLD.

    I'm sorry that an American citizen has to point that out to you. It's a shame, really, as I am currently a British resident. And it's rare that I come across a British citizen that is more arrogant and offensive than us Americans. I take my hat off to you for that.

    Cheers!
  • I am not trying to redefine the First Amendment. I am merely conveying the interpretation of the First Amendment handed down by our Supreme Court. This is how meaning is attached to our Articles of the Constitution. This is how our democracy works. Are you trying to redefine the First Amendment through??

    As for disregarding wipo.org.uk, I said I was sorry. I meant it.

    And as for my statement about ICANN, they have indeed taken this position. Now, that doesn't stop trademark holders from attempting to bully domain holders. Nor does it stop domain holders from giving in to their bullying. But it *is* their policy.

    Cheers!
  • I'm not sure what you mean when you say, "why do they continue to let WIPO take the actions that they do." ICANN is not in the business of policing WIPO. It is not their job.

    However, this has gotten way off topic. If you want to carry this on further, e-mail me. My e-mail address is valid.

    Cheers!
  • Get some people who can read to fact-check, spell-check and THEN post the stories.
  • Why was there no link to the QVC web site?
  • When will corporations realize that trademark status doesn't give them the right to bash others over the head unfairly?

    When they get "squashed" for doing so. i.e. they go to court, loose, have to pay all the costs of the defendant, pay for the time of the judge and court officials with the judge able and willing to take any punitive action (short of capital punishment of the directors.)


    This case is as silly as, say, Apple Records going after Apple Computer in court over trademark dilution.

    Apple Records did at least have some basis for a case. Not least because they were taking action against a commercial entity.
  • It seems more common these days to see examples of companies believing they own the "right" to anything that could remotely have anything to do with the name of their business or their type of business.

    Or the name of a product or even an advertising slogan.
    Of course if tradmarks wen't broken it would be possible for both "Quality Value Choice" (TV shopping channel) and "Quick Vehicle Credit" (made up car finance company) to register "QVC" as a tradmark, since they are enguaged in completly different lines of business.
  • if I had some corp attacking me like this, I would go the super-meek route, defend myself in court, and submit briefs with titles and or content along the lines of: "Please don't do this, Your Honor" and "This is Ridiculous!!!".

    Whilst this might work on something like "Judge Judy" (no obviously biased or incompentant judge would last 5 minutes in front of TV cameras.) It may not work in other courts.
  • .com is commercial-space. If he had .org, then OK, but he's in the wrong TLD to be preaching the richeous cause here.

    In which case it might help in the people in charge of it actually applied some kind of selection criteria to it. Rather than treating .com, .org & .net as though they are .misc. e.g. if foo is the name (legal or trading) of a commercial entity, trading across national borders, which wishes to register foo.com then that is ok otherwise go away.
  • There is no such thing as a British citizen; you may be referring to her Majesty's subjects?

    Someone should tell the British passport offices and embassies around the world. Who are quite happy to issue documents identifying the holder is a being a citizen of "Great Britain and Northern Ireland".
  • Instead of making up zillions of redundant top-level domains, there should be TLDs and/or 2LDs that separate out the various namespaces. Radio callsigns, for example, are unique all over Earth and they may as well belong to one TLD.

    That's because radio callsigns are assigned in a systematic way so as to be globally unique. Even though different national authorities have different "algorithms" for assigning callsigns.

    DNS is ideal for separating namespaces. It's lousy at categorizing things on its own.

    Rather DNS allows catagorisation, just that it relys on humans to actually select sensible catagories and apply them.
  • The Evil One. QVC [qvc.com]. Uses the television to sell crap to people with no taste.

    ----
  • The agreement is only for the few days the tests are being taken, as I recall, Stats teacher telling us we had to wait until the next week to ask questions about what had been on the test.

    -----------------------


  • Sun, Microsoft... and now JVC. Argh!!! Give it a rest..

    I guess it would really suck if your initials are JVC.

    Jeez...

  • Before everyone goes off on michael, did anyone consider that he may be using the dvorak layout? q and j are right next to each other...
  • Looks like the story has been changed now.
  • First of all, like many have already pointed out.

    QVC != JVC. HOW FUCKING STUPID can the /. "editors" be??? I mean, do they have any purpose at all?

    Secondly, this _is_ indicative of how things are going. I await the day that a company like QVC gets raked over the coals to the extent that they so richly deserve. If sleazy third-rate asshole companies keep this up, sooner or later someone will refuse to be pushed.

  • It's now much easier to apply for a trademark. The USPTO web site [uspto.gov] now has online trademark applications. The process is straightforward, and they accept credit cards. Costs about as much as a year of web hosting.
  • ...the ghetto i lived in whilst at university.

    some of the angrier homeless (and/or) junkies could be quite adamant with their demands for money, especially if one was alone, hoping the 'mark' (me) would cave in.

    if you got agressive back at them they usually chilled out.

    but it sucked when i was green about all that shit...my heart would get all pitter-patter and i'd have trouble sleeping if they were particularly threatening.

  • You can't just substitute one word for another and have it make sense.
    I am not substituting one word for another. It is my understanding though HAM radio can't be used for commercial activities, the callsign may be associate with a commercial activity. If you use the callsign in association with a business it may be possible to claim trademark based on that use.

    Another agument, that I have not researched, is a use of a term that someone later tries to trademark. Does the earlier use of the term preclude the trademark use or is it treated as a senior trademark.

  • Here is another thought, the FCC (a government agency) gave Tony the call sign N7QVC. Granting him use of this mark in conjunction with all uses of HAM (amateur radio). This would include QSL cards and website making reference to his HAM activities. This could be considered a trademark in itself.

    If someone wanted to cause trouble, could he not go after QVC for dillution?

  • I hope you all know what this means to me and how grateful I am.

    hey, I own that domain! I hereby give you notice to cease and decist using that word in the future.

    (I have to defend My Word vigorously or I lose all rights to My Word. I'm just doing my job and protecting my interests, you understand.)

    --

  • Apple Records did go after Apple computer, but the semi-infamouse Sosumi (So-Sue-Me) system sound resulted from another lawsuit by the McIntosh Amplifier people.
  • ICANN, USPTO, DoC and WIPO know the solution to trademark problems.

    This is email sent 6 November 2000 to DoC & USPTO.

    Subject: First Amendment

    Secretary Mineta,

    It is my truthful and honest opinion that you violate the First Amendment. This is for reasons laid out in previous communications to you, of 9th October and 6th September, about words on the Internet. Are you not ultimately responsible?

    You restrict word usage so much, they can now only be used as trademarks. An individual's property (domain name) will be taken off them, should they use a word that business does not want them to have. People will lose financially should they try to protect their property.

    I include the main elements for you to deny now, if this is not the truth.

    You did not deny that an identifier, like .REG, was required for trademarks on the Internet. As we know this is the case for proper use elsewhere, you could not.

    You did not deny that a classification was required. As we know it is essential to identify it from many others of the same name, you could not.

    You did not deny that a country code was required. As we know it is essential to identify country source that also have many similar names, you could not.

    You know that having a Top Level Domain of .REG for trademarks would be a certificate of authentication when consumers visit those sites. This would help prevent con men from defrauding the public. In addition, this would then allow people to use the words for whatever reason they see fit - without being gagged. You know there are laws, should anyone make libellous statements. It is all common sense, do you deny any of this?

    Why do you put big business interests before that of free speech for the people?

    Perhaps the First Amendment is not important to you. Either that or you have forgotten it, if so it is quoted in next paragraph.

    AMENDMENT I
    Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

    Abridging means to shorten, by the way. Strange is it not, that a British citizen has to cite this to you?

    Though you have secured your place in history - as the man who stole words that belong to everybody and gave them to big business. All this is in my opinion of course, and others reading this, that may agree. That is unless you prove these claims wrong, which hopefully now you will attempt to do. If not you may have to do the right thing - introduce .REG Top Level Domain.

    More at WIPO.org.uk [wipo.org.uk] - nothing todo with the World Intellectual Property Organization (WIPO.ORG).
  • <rant>

    Being a poor student I supplement my income by doing technical support for an OEM. Unfortunately, this OEM sells some of its computers through QVC.
    Everyone who works there dreads the 'QVC Customer' announcement before a call comes through, because we all know it'll be some clueless mother-fscker who will say things like 'Double-click? What does that mean?', 'Which one's the right mouse button', 'Where do I click the escape key' and 'I plugged all the cords into the telivision but it won't come on!'.
    In fact the best you can hope for from a QVC customer is the old 'My keyboard is broken - the double quotes above the 2 comes up as an @ sign and the pound sign doesn't work either!' (incase you hadn't guessed I'm in the UK).
    Argh!

    </rant>

    --

  • My first name is Scott. I'd hate to be badgered by lawyers from Kimberly-Clark Corp. And I am in the paper business. Do they have prior art?

    Does this mean my dog's, Roland, will infringing on a music keyboard manufacturer's brand name?

    I've already got problems with a credit card company sending my cat, Cindy, credit card applications. When will they get this shit right?
  • Would you give free advertisisng to a commercial entity on your personal vanity web site? Especialy one that threatend you? I think not. The best offer would be sell them a high priced banner ad slot and provide a free link to the ARL website news article.
  • Subject says it all.

  • QVC has backed down. (Score:3)

    by mind21_98 ( 18647 ) on Sunday January 14, 2001 @06:51AM (#508797) Homepage Journal
    (From http://www.n7qvc.com/ [n7qvc.com]):

    "All is Well and N7QVC.COM has Been approved and can remain up. I wish to thank each and everyone for your Support. Received Email from Attorney and said that 'your use of the letters N7QVC in your domain name are used only for your personal use, and not for commercial activities that would create the impression that you are affiliated or connected with ***, Inc. in any way, we will take no further action'.

    I understand *** needs to protect there trademark as you would want to protect your FCC assigned call from other people using it, I'm satisfied that this matter is over, and hope everyone will consider that the attorney was doing his job and doing it well. Lets all consider this matter over, I owe you all a great deal of thanks. I only wish I could thank you in person and let you know how grateful I am, How wonderful if feels to be a ham today. Its a wonderful hobby and you really meet some cool people that are always there for one another. There are some special people out there and i got email from allot of them in the past few days. at least now my site can go back to an average 25-50 hits a day :-) And while i have all your attention lol Don't forget to check out the Dualband copper cactus antenna. It works good and everyone says its really easy to build, by the way its all free as amateur radio should be. I Really don't know if I could have this website without all your support. I hope you all know what this means to me and how grateful I am."

    No need to worry, folks. Just move along.

  • Re:Even if he wanted to use it commercially, there (Score:3)

    by mpe ( 36238 ) on Sunday January 14, 2001 @02:49AM (#508798)
    nothing QVC could do about it.

    Except use lawsuits for herassment. Which is effective in the US because of costs not being awarded against plaintiffs and the chances of a judge considering the plaintiff in "contempt of court" are remote.

    If he wanted to have "N7QVC Amateur Radio Supply", that in itself is distinctive enough to be granted a trademark.

    Except that HAM callsigns cannot be tradmarks. Since they only apply to commercial ventures. Also a trademark is usually only valid within the specific type of business. i.e. if things worked correctly QVC would be laughed at if they made a claim against anything other than a television shopping company.
    However other people, e.g. the IOC having been able to get away with this nonsense makes it appear credible.


    Really, there ought to be a law for instances like this where there is a clear misuse of trademark

    There already laws. Just that they are not enforced.
    Or have laws against "fraud", "herassment", "extortion", etc Been rewritten (in the USA) not to apply to corporate entities.

  • Comment removed (Score:3)

    by account_deleted ( 4530225 ) on Saturday January 13, 2001 @11:33PM (#508799)
    Comment removed based on user account deletion

  • Assigned Call letters (Score:3)

    by Shagg ( 99693 ) on Saturday January 13, 2001 @08:33PM (#508800)
    Wasn't it the government that assigned him those call letters when he got approved by the FCC in the first place. Couldn't he have just told QVC to go bug them instead, since he'd already been granted usage of those letters.

  • Even if he wanted to use it commercially, there is (Score:3)

    by eclectro ( 227083 ) on Saturday January 13, 2001 @08:18PM (#508801)
    nothing QVC could do about it. If he wanted to have "N7QVC Amateur Radio Supply", that in itself is distinctive enough to be granted a trademark.

    Really, there ought to be a law for instances like this where there is a clear misuse of trademark, that said trademark be revoked.

  • Re:Authorities know the answer - .REG (Score:4)

    by The Mayor ( 6048 ) on Sunday January 14, 2001 @03:17AM (#508802)
    You do realize that two companies in completely unrelated industries can share the same trademark, don't you? Look at the word trademark. A mark for a trade. For a specific trade. Trademarks only apply to the trade within which the business does work. Of course, if your business is sufficiently common, such as McDonalds (tm), the trademark can be successfully defended outside the trade. However, this is a fairly rare occurance in IP law. As an example, the word, "Nova", is trademarked by both General Motors (their car, the "no go", as it is translated from Spanish) and PBS (the science-oriented television show). Both were awarded trademarks because they are in completely different trades, and as such the trademarks would not be confused with one another.

    As a result, how should the ICANN deal with two companies that wish to register the same domain name? They might both own the trademark to that name, but in different industries? Your suggestion for a .REG TLD simply won't work. ICANN holds the position that top level domains != trademarks. Now, WIPO is in the business of defending IP. So, if there is some ambiguity, they will try to help enforce the rights of the IP holder. But your argument simply doesn't hold water.

    And, for the record, free speech laws in America do not include the right to slander a company or to dilute the efficacy of a trademark. This is fairly well established (i.e. I don't think the courts will be overturning precedent any time soon). An exception to this exception is in the case of satire (one of the strongest forms of free speech in America, I might add). This is because satire cannot be confused with serious dialogue; as such, satire does not constitute slander.

    Cheers!

    Now, as I understood it, WIPO does not have a policy of forcing the foreiture of domain names to trademark owners. They will do this, but it is not their policy.

  • well (Score:5)

    by fluxrad ( 125130 ) on Saturday January 13, 2001 @10:48PM (#508803)
    the link seems to be slashdotted. luckily some guy in norway is broadcasting it via his 2 meter rig. thank god for dashdot


    FluX
    After 16 years, MTV has finally completed its deevolution into the shiny things network

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