[phpesp-dev] Fwd: Re: Easy Survey

[James F. <jf...@uv...>]

----- Forwarded message from Shanti Rao <sh...@ra...> -----
    Date: Wed, 13 Oct 2004 08:55:52 -0700
    From: Shanti Rao <sh...@ra...>
Reply-To: Shanti Rao <sh...@ra...>
 Subject: Re: Easy Survey
      To: "James E. Flemer" <jf...@ac...>,
jim...@us...

Dear Mr. Flemer,

As you redesign phpESP, I would like to remind you te be careful not to
use terms confusingly similar with our trademark for EZSURVEY. Since US
trademark law includes phonetic similarities, we consider use of the
name "Easy Survey" for competing products to be an infringement of our
rights.

Your GUI redesign preview, while attractive, is not consistent with what
we agreed in 2002. While I regret giving you as much latitude as I did,
I am still willing to accept "phpESP - php Easy Survey Package", but not
"Easy Survey Package" or "php Easy Survey Package" on its own.

I suggest you read =A732-35 (15 U.S.C. =A71114)
(http://www.uspto.gov/web/offices/tac/tmlaw2.html ) if you are doubt as
to your responsibilities.

Since phpESP has been reviewed in EWeek, I consider it a direct
competitor to EZSurvey. I suggest you consider finding a new name
altogether so as to avoid confusion with EZSurvey.

Sincerely,

Dr. Shanti Rao
Raosoft, Inc.

>OK thats certainly reasonable. I'll try to get to it this
>week. I'm am a bit busy with finals and such right now so
>it may be a couple of days.
>-James
>
>On Wed, 17 Apr 2002, Shanti Rao wrote:
>
>
>
>>Mr. Flemer,
>>
>>Thank you for your reply. My concern is mainly with the phrase "Easy
>>Survey Package." I would be happy if you were to refer to the program
as:
>>
>>"phpESP -- php Easy Survey Package"
>>
>>That would greatly reduce my fears of confusion with our product.
>>
>>Sincerely,
>>
>>Shanti Rao
>>
>>
>>James E. Flemer wrote:
>>
>>
>>>Mr. Rao:
>>>
>>>Let me begin by clarifying the name of the software in
>>>question is "phpESP" (pee Ach pee eee ess pee), which is
>>>clearly different from "EZSURVEY". The "ESP" is expanded in
>>>a few places as "Easy Survey Package", which as you note is
>>>phonetically similar to "EZSURVEY" (assuming you pronounce
>>>that as "eee zee" survey not "ehhzz" survey). You also note
>>>that your product serves a different market then the free
>>>software "phpESP"; your product is a Windows application,
>>>where phpESP is a set of scripts to be run on a web server.
>>>
>>>The phrase "Easy Survey" only appears on the web site and
>>>in the software documentation as part of the phrase
>>>  "phpESP -- Easy Survey Package"
>>>This is quite clearly different from your trade mark of
>>>"EZSURVEY" which is using the letters 'E' and 'Z' to form
>>>the same sound as "Easy". I see no substantial similarities
>>>between these terms to warrant your request of "cease and
>>>desist".
>>>
>>>I urge you to re-examine the uniqueness of your trademark
>>>(the letters 'E' 'Z') and compare them to the way in which
>>>phpESP uses the term "Easy".
>>>
>>>I understand your obligation to the defense of your
>>>trademark to maintain it etc. However, please reconsider
>>>your request. phpESP is a free, open-source package that is
>>>maintained solely by volunteers.
>>>
>>>Please contact me at this email address if you have any
>>>further questions.
>>>
>>>-James
>>>
>>>On Fri, 5 Apr 2002, Shanti Rao wrote:
>>>
>>>
>>>
>>>
>>>>Dear Mr. Flemer,
>>>>
>>>>Would you please consider renaming your "php Easy Survey Package" to
>>>>something like "php Survey Package?" We have a trademark on the word
>>>>EZSURVEY for our survey software program. Under US trademark law, thi=
s
>>>>gives us rights over similar sounding names, such as "Easy Survey".
>>>>And, while I don't think you threaten our business since you serve a
>>>>different market, we are obligated to defend our trademarks.
>>>>
>>>>The word mark EZSURVEY is a registered trademark of Raosoft Inc, and
has
>>>>been used in interstate commerce since December 1991. Its registratio=
n
>>>>number is 1,721,621. Please cease and desist using the name EZSURVEY
and
>>>>find a new name immediately.
>>>>
>>>>If you have any questions, please send me an email or give us a call.
>>>>
>>>>Yours truly,
>>>>
>>>>Shanti Rao
>>>>sh...@ra...
>>>>
>>>>Raosoft, Inc.               Ph# (206) 525-4025
>>>>6645 NE Windermere Rd       Fax (206) 525-4947
>>>>Seattle, WA 98115-7942
>>>>USA                         email ra...@ra...
>>>>On the World-Wide-Web, check out http://www.raosoft.com/
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>
>>>
>>
>>
>
>
>
>

----- End forwarded message -----