Re: [phpesp-dev] Fwd: Re: Easy Survey

[Matthew G. <gr...@mu...>]

So I guess it's time to change our name. Sigh...
My vote is for "TINE" ;-)

On Wed, 2004-10-13 at 14:55 -0400, James Flemer wrote:
>=20
> ----- 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...
>=20
> Dear Mr. Flemer,
>=20
> 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.
>=20
> Your GUI redesign preview, while attractive, is not consistent with wha=
t
> 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 no=
t
> "Easy Survey Package" or "php Easy Survey Package" on its own.
>=20
> 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.
>=20
> 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.
>=20
> Sincerely,
>=20
> Dr. Shanti Rao
> Raosoft, Inc.
>=20
> >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" t=
o
> >>>>something like "php Survey Package?" We have a trademark on the wor=
d
> >>>>EZSURVEY for our survey software program. Under US trademark law, t=
his
> >>>>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, an=
d
> has
> >>>>been used in interstate commerce since December 1991. Its registrat=
ion
> >>>>number is 1,721,621. Please cease and desist using the name EZSURVE=
Y
> and
> >>>>find a new name immediately.
> >>>>
> >>>>If you have any questions, please send me an email or give us a cal=
l.
> >>>>
> >>>>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/
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>>
> >>>
> >>>
> >>
> >>
> >
> >
> >
> >
>=20
> ----- End forwarded message -----
--=20
mcg
-------------------------------------
The IT Lab (http://www.itlab.musc.edu)