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

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

LOL, TINE is an excellent name.  I wonder if this guy even understands=20
that phpESP is open source and that there is no money involved.  For=20
that matter, it's BSD licensed so he could steal all the code.  Plus,=20
the redesign he's talking about was last modified (according the the=20
http header) on 04/27/2002 21:07:48.  Clearly phpESP isn't moving ahead=20
with the redesign too quickly now are we?

Maybe we should rename the project to TINE, it's so much shorter and you=20
can pronounce it.  Kon, you want to whip up an icon for TINE ... maybe=20
something like this[1].

[1] http://phpesp.org/preview/tine.png

-James


Matthew Gregg wrote:
> So I guess it's time to change our name. Sigh...
> My vote is for "TINE" ;-)
>=20
> 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...
>>
>>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 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.
>>
>>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" 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/
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>
>>>>>
>>>>
>>>
>>>
>>>
>>----- End forwarded message -----