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From: James F. <jf...@uv...> - 2004-10-13 18:56:48
Attachments:
unnamed
|
----- 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 -----
|
|
From: Matthew G. <gr...@mu...> - 2004-10-13 19:15:26
|
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) |
|
From: James E. F. <jf...@uv...> - 2004-10-14 01:26:54
|
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 ----- |
|
From: James E. F. <jf...@uv...> - 2004-10-14 02:32:16
|
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 >=20 >=20 >=20 > ------------------------------------------------------- > This SF.net email is sponsored by: IT Product Guide on ITManagersJourna= l > Use IT products in your business? Tell us what you think of them. Give = us > Your Opinions, Get Free ThinkGeek Gift Certificates! Click to find out = more > http://productguide.itmanagersjournal.com/guidepromo.tmpl > _______________________________________________ > phpESP-devel mailing list > php...@li... > https://lists.sourceforge.net/lists/listinfo/phpesp-devel |
|
From: James E. F. <jf...@uv...> - 2004-10-16 00:09:12
|
Done. James E. Flemer wrote: > > Any offending images will be chmod'd tomorrow, pending any other input. > > -James |
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