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

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

In all seriousness, we don't need to rename phpESP, we just need to make=20
sure that "Easy Survey" always has "php" in front and "Package" after.=20
I am pretty sure everything in CVS conforms (I did that back in '02 when=20
Mr. Rao first griped).  Most of the web pages from the '02 era also=20
conform; I'm not sure that the FAQ, and other newer pages do.  I don't=20
really want to yank the redesign preview pages, but all the=20
non-conforming text is in images so it cannot be quickly fixed.  Maybe=20
for now I'll chmod the images to be unreadable, and if anyone cares=20
enough to fix them I'll re-post them.

We certainly could redefine phpesp, but lets keep those letters since=20
Kon graciously sponsored (or did you ever get reimbursed?) the=20
phpesp.com/phpesp.org domains.

Any offending images will be chmod'd tomorrow, pending any other input.

-James

James E. Flemer wrote:
> 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?
>=20
> Maybe we should rename the project to TINE, it's so much shorter and yo=
u=20
> can pronounce it.  Kon, you want to whip up an icon for TINE ... maybe=20
> something like this[1].
>=20
> [1] http://phpesp.org/preview/tine.png
>=20
> -James
>=20
>=20
> Matthew Gregg wrote:
>=20
>> 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:
>>
>>> ----- 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 ou=
r
>>> rights.
>>>
>>> Your GUI redesign preview, while attractive, is not consistent with w=
hat
>>> we agreed in 2002. While I regret giving you as much latitude as I di=
d,
>>> 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 "Eas=
y
>>>>> Survey Package." I would be happy if you were to refer to the progr=
am
>>>
>>>
>>> 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 w=
ord
>>>>>>> EZSURVEY for our survey software program. Under US trademark law,=
=20
>>>>>>> this
>>>>>>> gives us rights over similar sounding names, such as "Easy Survey=
".
>>>>>>> And, while I don't think you threaten our business since you serv=
e 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=20
>>>>>>> registration
>>>>>>> number is 1,721,621. Please cease and desist using the name EZSUR=
VEY
>>>
>>>
>>> and
>>>
>>>>>>> find a new name immediately.
>>>>>>>
>>>>>>> If you have any questions, please send me an email or give us a=20
>>>>>>> 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 -----
>=20
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>=20
>=20
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