Sue the bastards, before they sue you.

Jza · Post by **Jza** » Wed Jun 13, 2007 1:04 am

A New corporate podcast has arrise that could kill TLLTS.

The Linux Link Podcast by Timesys has 11 show so far but in your freaking country ran by lawyers you could get murder by a lawsuit.

If leo laporte had to stop twittering because twitter has close resemble with twit, even if one is a blogging toold and twit is a podcast network. Imagine if here that both are podcasts.

So here is the link:
http://lldn.timesys.com/learning_center/podcasts/

I suggest you guys to get your name trademarked. I would hate to see you guys bullied out to change your name because u didn't put it before.

Post by **dann** » Wed Jun 13, 2007 7:55 am

Hmmm... I'm not up on trademark law or any law for that matter but I have had the domain for a good 8 years now and the show has been going for almost 4. Could they come in and trademark the name and thus force us to change if we have that documented history?

chuck · Post by **chuck** » Wed Jun 13, 2007 9:09 am

dann wrote:Hmmm... I'm not up on trademark law or any law for that matter but I have had the domain for a good 8 years now and the show has been going for almost 4. Could they come in and trademark the name and thus force us to change if we have that documented history?

Yes, they could.

Many years ago I worked for 'The Computer Place'. 'That Computer Place' on the other side of the state (granted we were at the same shows) threatened to sue us for trademark infringement. The lawyer's answer was 'whoever gets there first with the lawsuit typically wins'.

We changed our name to 'That Computer Store'.

Post by **Patrick** » Wed Jun 13, 2007 9:16 am

To file a trademark with the U.S. government it would cost us $484:
$159 - electronic application preparation (includes trademark search to see if others have already trademarked the name)
$325 - filling fee with the U.S. government

http://www.legalzoom.com/pricing/tm_pricing.html

Jza · Post by **Jza** » Wed Jun 13, 2007 9:29 am

dann wrote:Hmmm... I'm not up on trademark law or any law for that matter but I have had the domain for a good 8 years now and the show has been going for almost 4. Could they come in and trademark the name and thus force us to change if we have that documented history?

this is not like patents.that u can claim prior art. afaik

greggh · Post by **greggh** » Wed Jun 13, 2007 9:41 am

You guys have the right to, and should, put a TM mark next to "The Linux Link" on thelinuxlink.net page. Even though you don't have it registered, you are still entitled to do this, and it will make it publicly clear that you consider this your trademark.

http://en.wikipedia.org/wiki/Trademark# ... nd_symbols

The ™ symbol may be used when trademark rights are claimed in relation to a mark, but the mark has not been registered with the government trademarks office of a particular country or jurisdiction, while the ® is used to indicate that the mark has been so registered. It is not mandatory to use either symbol, although the force of convention is such that the symbols are widely used around the world. However, in various jurisdictions it is unlawful to use the ® symbol in association with a mark when that mark is not registered. Either symbol is typically placed in the top left- or right-hand corner of a mark.

snarkout · Post by **snarkout** » Wed Jun 13, 2007 10:32 am

Or - now bear with me here - you could talk to the people at the other Linux Link and see if a friendly resolution can't be met. I'm all for bringing the right weapon to a battle, but getting ugly early is just stupid (unless you like drama).

Post by **Patrick** » Wed Jun 13, 2007 10:36 am

Snarkout wrote:Or - now bear with me here - you could talk to the people at the other Linux Link and see if a friendly resolution can't be met. I'm all for bringing the right weapon to a battle, but getting ugly early is just stupid (unless you like drama).

Now this is a sensible. Talking to them before dropping a lot of cash on lawyers.

Maybe they're completely clueless. I wonder how would they react if one of the listeners asked if they could repeat the hoagie guy story on the next episode?

Instead, we should sue that Dave Yates guy. I mean lottalinuxlinks, that's way too close to our name.

Judland · Post by **Judland** » Wed Jun 13, 2007 12:21 pm

I know you have put a lot of time, effort, and money already into your show. Myself, I would consider all of that work worth protecting in some way. At this level, I would consider the $484 money well spent if that means your name is protected and cannot be take away from you in the future.

Opening up a dialog with the other show may just set them into motion to registering the name themselves. I'd be careful not to "rock the boat" if trade marking your show's name isn't something you want to do right now.

I know you surely have more necessary things you could spend the $484 on, but splitting it up four ways between you may be worth the sacrifice in the long run.

Just my two cents (1.9 cents, US).

Tsuroerusu · Post by **Tsuroerusu** » Wed Jun 13, 2007 2:39 pm

Judland wrote:I know you surely have more necessary things you could spend the $484 on, but splitting it up four ways between you may be worth the sacrifice in the long run.

I'd be willing to donate a few bucks for the cause.

snarkout · Post by **snarkout** » Wed Jun 13, 2007 2:42 pm

Tsuroerusu wrote:
Judland wrote:I know you surely have more necessary things you could spend the $484 on, but splitting it up four ways between you may be worth the sacrifice in the long run.
I'd be willing to donate a few bucks for the cause.

Me too.

I still think a friendly discussion might be the best first step.