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Author Topic: prosperreport.com received a letter from prosper's lawyer, re:cybersquatting  (Read 134344 times)

Epictetus

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http://www.chillingeffects.org/domain/notice.cgi?NoticeID=16017#QID51

According to the Fourth Circuit Court of Appeals, "the Federal Trademark Dilution Act of 1995 ("FTDA") and the Anticybersquatting Consumer Protection Act of 1999 ("ACPA"), Congress left little doubt that it did not intend for trademark laws to impinge the First Amendment rights of critics and commentators. The dilution statute applies to only a 'commercial use in commerce of a mark,' 15 U.S.C. § 1125(c)(1), and explicitly states that the '[n]oncommercial use of a mark' is not actionable. Id. § 1125(c)(4)....Congress directed that in determining whether an individual has engaged in cybersquatting, the courts may consider whether the person’s use of the mark is a 'bona fide noncommercial or fair use.' 15 U.S.C. § 1125(d)(1)(B)(i)(IV)" One should be careful in this area, however.


There you go! I should have read just a little further down that page. I would post that right at the bottom of prosperreport.com if that was my page. 

Understand further that neither prosperreport nor any of the other sites - such as this one - are even using that mark in their names.

Prosper, as a word qua word, cannot be trademarked or copyrighted.

No more than blue, or house, or thrive could.

I wouldn't go that far.  After all, unless Prosper or its lawyers photoshopped the registration certificate attached to their letter (which I strongly doubt), Prosper has indeed successfully registered "Prosper" as its service mark (Incidentally, I just noticed that this wasn't until August 2007 -- I wonder when Prosper filed its application -- maybe after Black Friday?).  I think that "Prosper" would probably be seen as a "descriptive," not "generic" mark.  Accordingly, it can receive trademark protection if it has received "secondary meaning" -- an association between the mark and the owner in consumer's minds. 

Not to the degree that PMI can claim to "own" the English word prosper, with its multiple centuries of use, and proscribe its use elsewhere or in other context.

Prosper's registration doesn't claim all other contexts.  "Just" for "telecommunications services, namely electronic transmission of data and messages; online interactive bulletin board and chat room for transmission of messages among users concerning financial matters, in class 38 (U.S. Cls. 100, 101 and 104)."

Other contexts here meaning other telecommunications dealing with prosperity or commenting upon PMI.  If someone tried to create a PMI knockoff with closely related name or attempted to create a site simulating PMI's foruums of blogs, yes.  Otherwise, no.

Won't fly.

« Last Edit: December 20, 2007, 01:36:01 pm by Epictetus »
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HollowOak

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Much of the preceding discussion strikes me as similar to the Microsoft Windows trade mark discussions I have seen. Much of that have been defenestrated.
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SGriff

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Much of the preceding discussion strikes me as similar to the Microsoft Windows trade mark discussions I have seen. Much of that have been defenestrated.

Wow, I learned a new word today! :)
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leporello

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Defenestration has a long history, going back at least to the Defenestration of Prague in the 15th century.
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SGriff

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And hence, when someone asks why I say "defenestrated" instead of "thrown out the window", i can tell them the back story! :)

(edited for spelling error)
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By all means, cry havoc and let slip the toy pomeranians of war!

leporello

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And hence, when someone asks why I say "defenestrated" instead of "thrown out the window", i can tell them the back story! :)

(edited for spelling error)
But if you don't get it right, either NL or I will defenestrate you, and you will be condemned to using Unix for the rest of your life.
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ks6328

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But if you don't get it right, either NL or I will defenestrate you, and you will be condemned to using Unix for the rest of your life.

So what's wrong with that?  I don't use Unix, but my server and my router run Linux.  Both have been running continuously for over three years.

The last time that they were down was for hardware upgrades.  The router got the processor and RAM from the server.  The server got a new motherboard, new processor, and more RAM.  It's kind of hard to make those changes without shutting the systems down.  :D
 
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112233

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there's a press release at prosperreport.com with an update about the matter. more information will be posted as events unfold.

http://www.prosperreport.com/pr12212007.aspx

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you're

Epictetus

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there's a press release at prosperreport.com with an update about the matter. more information will be posted as events unfold.

http://www.prosperreport.com/pr12212007.aspx



Outstanding.  May you and Private Citizen kick PMI's sleazy ass to the curb, and back, and then to the curb and back again.  Truly venal, unprincipled maneuvers such as PMI is attempting here - not at all surprising at this point, given their consistent and progressive history - piss me off.

Good going, 112233.

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Greebo

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HEY, Congratulations PROSPER on completely failing to think through the possible consequences of your war on .org and all things even remotely affiliated.

Thanks to your desire to squelch the truth, you've given your opponents (specially selected by your actions alone) even more ammunition.
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If you really want change...vote 3rd party.

Urbi_et_Orbi

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Congratulations!
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Mothandrust: "Why's he off the ballot in Colorado but it's OK for the other 48 states and Hawaii to vote for him"
https://www.prospers.org/forum/index.php?topic=37264.msg807090#msg807090

112233

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thx all .. I'll keep you updated as things progress.

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you're

Caladia

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there's a press release at prosperreport.com with an update about the matter. more information will be posted as events unfold.

http://www.prosperreport.com/pr12212007.aspx



112233, first, good going!  Second, your press release says "Private Citizen" in the title, but "Public Citizen" in the text.  Might want to clarify.  :)
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cubbiesnextyr

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Awesome news!
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Mtnchick

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So far P-----r is 0-2 with their legal threats.

Congrats 123456789!!
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Classic comment from Urbi to a poster who said they were leaving:

"Once again, we note that your threats are hollow and you come across like a sad, lonely blowhard.

I doubt anyone here gives a shit about you.  We pretty much all know that you are a vile and unethical parasite of a human being with an abnormal craving for attention."
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