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PostPosted: Fri Nov 30, 2007 1:11 pm 
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Okay so it appears according to these links that it is an Intelectual property case or copyright, again you can't copyright the English language so regardless of who is right or wrong it is simple IP law which is pretty similar in most countries.

You just can't Copyright the terms water time or similar, the breach must have been one to actually take some elses unique ideas or production to be a sound case.


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PostPosted: Fri Nov 30, 2007 6:26 pm 
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dazza5172 wrote:
Okay so it appears according to these links that it is an Intelectual property case or copyright, again you can't copyright the English language ...


Great. Want to put up some cash for me to file law suit against Apple?
I'll split the proceeds with you. :)


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PostPosted: Fri Nov 30, 2007 7:50 pm 
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Here is one way we can all help.

http://www.kiteforum.com/phpbb/viewtopic.php?t=2343968&sid=f985cd1cfd342bd781e8b6d0f76b07fe


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PostPosted: Fri Nov 30, 2007 10:14 pm 
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let them know you are unhappy with their business practices, buy elsewhere and unsubscribe to their e-mail advertising if you have ever purchased anything from them .


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PostPosted: Mon Dec 03, 2007 2:30 am 
Some public documents.
Interesting to note the dates and statuses.


http://tarr.uspto.gov/tarr?regser=seria ... est+Status

http://tarr.uspto.gov/tarr?regser=seria ... est+Status

http://tarr.uspto.gov/tarr?regser=seria ... est+Status

http://dockets.justia.com/docket/court- ... _id-15194/


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PostPosted: Mon Dec 03, 2007 3:14 am 
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heres some more info taken from the U.S. Trademark Office


Quote:
PUBLICATION FOR OPPOSITION

If the examining attorney raises no objections to registration, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication in the Official Gazette, a weekly publication of the USPTO.

The USPTO will send a NOTICE OF PUBLICATION to the applicant stating the date of publication. Any party who believes it may be damaged by registration of the mark has thirty (30) days from the publication date to file either an opposition to registration or a request to extend the time to oppose. An opposition is similar to a proceeding in a federal court, but is held before the Trademark Trial and Appeal Board, a USPTO administrative tribunal. If no opposition is filed or if the opposition is unsuccessful, the application enters the next stage of the registration process. A Certificate of Registration will issue for applications based on use, or a Notice of Allowance will issue for intent-to-use applications.





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PostPosted: Mon Dec 03, 2007 6:39 pm 
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More interesting stuff ??

Quote:
Trademark Misuse
A theoretical cause of action in which one claims that a trademark owner has used its trademark registration to unfairly promote its monopoly trademark rights. Although purely speculative at this point, some legal scholars have suggested that the owner of a trademark registration should lose their trademark registration if they engage in abusive tactics that violate the boundaries of fair competition. (See article). This doctrine was already applied successfully with respect to patents and copyrights, and thus has some precedential merit.

The trademark misuse theory was proposed most recently to address abuses occurring as a result of Network Solutions' earlier dispute resolution policy, which placed domain names on hold whenever a trademark owner with a federal registration went through the minimal procedural steps required to invoke the hold. Since Network Solutions' old dispute policy did not require proving infringement or even any likelihood of infringement, the old policy gave the trademark owner substantial leverage in negations to acquire a domain name. Proponents of the trademark misuse theory claimed that unless the trademark owner had a good faith believe that the domain name was infringing their trademark, invoking the hold policy was a misuse of their trademark registration. As such, the domain name owner should have a right under the misuse theory to have the court order cancellation of the trademark owner's trademark registration.



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PostPosted: Mon Dec 03, 2007 6:40 pm 
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looks like they got 0 to bero but not ground control, whats up with that Houston?


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PostPosted: Tue Dec 04, 2007 12:37 am 
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theflyingtinman wrote:
dazza5172 wrote:
Okay so it appears according to these links that it is an Intelectual property case or copyright, again you can't copyright the English language ...


Great. Want to put up some cash for me to file law suit against Apple?
I'll split the proceeds with you. :)


Apple have rights to the name as a trading name, company name and as a computer product, however that does not stop one using it to use the word apple. Obviously I can't use the term apple to sell computers by leveraging on the good will that comes with that term, however I can still use the word apple even to decribe a computer in any regular english use.

I can also register business names such as

APPLES (ARMIDALE POSITIVE PARENTING LEARNING ENVIRONMENT STRATEGY) INCORPORATED

or

Apple & Pear Australia Ltd. (APAL) - Creating Value for Apple ...

As they do not leverage on the good will of Apple as a computer company. I certainly could not use the logo Apple to sell computers or a logo that is too similar to the Apple logo to sell anything.

You might also use it for:

"Apple Bottoms sexy jeans" a real type of jeans, as this does not 'steal' the good will of Apple computers.

Here look at these companies with nothing to do with kiteboarding

[list=]Welcome to Slingshot Community Enterprise & Employment Centre.
Slingshot amusement device.
North Safety Products.[/list]

and so on. I am trying to get the principle over in this discussion. It is about stealing someones IP. something unique to them or something that attracts good will to that product or service. Not the words.

Um no Tin man, not quite ready to take on Apple. :-?


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PostPosted: Wed Jan 09, 2008 9:50 pm 
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RickI wrote:
I hope the Plaintiff reconsiders their course of action in view of mounting negative sentiment against REAL, its principals and what may amount to a serious impact upon future sales and growth. So much effort and capital have been spent over the years trying to build a solid client base and goodwill to see it torn down in short order by what is being widely interpreted as a frivolous and malicious suit.

Good luck. I hope this is resolved to the mutual satisfaction of all parties very soon. The "trial in public" among some customers and peers doesn't seem to be favoring the action very much at all.


For me, the damage is done and I will not shop or refer more students there again (I spend 2 weeks/yr in Hatteras with a large group of kiters). I was already miffed about their greedy no refund policy regarding lessons anyway. For me, the only way to repair the damage is if Real comes out with a miraculously convincing validation of its actions.


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