Gary Fong Album Software Trademark Infringement

[awsilver]

Originally Posted by Shane

Just like in this case . . . it is not the fact that "Houston" could not have come up with these actions in the first place, it is the fact that he blatently copied the design and work of another person and then even used the other persons name/product name in the "marketing" of his product. Yes, it does take litigation to solve issues like this - otherwise, you leave yourself open to others doing the same thing to other products that you have "invented".

A cease and desist letter would have probably sufficed...if not THEN possible litigation. Just a thought.

[Ray]

$$$$

[Shane]

A cease and desist is usually used if the company sending it believes that the offending person/company is violating their trademark/patent unknowingly.

In the case of a software distribution that was put on an FTP site, marketed through forums, was already on Version 1.3 and was using the original inventor's name/product name in said marketing, it was obviously a conscious act, thus the need for the litigation.

[MarcoFromHouston]

Originally Posted by brad

... I don't know that there wasn't a cease and desist first and I don't care... I just think its unfair to gang up on the person....

I was thinking the same thing. Wouldn't a simple "Cease & Desist" be enough? If he stops, then fine, if not, then pursue further legal action?

Now I'm wondering if Abel was threatened with legal action? Does this mean this guy is gonna be kicked off TFP? Is TPF itself in danger because of this? Did the moderators discuss this at all?

I also wonder if anything in Gary's post violates Forum Rules? Especially this one:

2. Personal attacks on fellow members will NOT be tolerated.

I guess what I am saying is....Why drag this guy's name thru the mud. Contact the admin, remove the thread, and proceed from there....BEHIND THE SCENES.

I really don't want to stir up more controversy, I just had some questions about the situation.

[adirty1]

Originally Posted by Shane

So . . . using your logic, everyone would be switching to the "warez version of Office" as you call it. Hmmmm, I think Microsoft still owns most of the Office market, so obviously the warez version is not better, nor will it ever be accepted in the mainstream.

The problem is that in today's society, people want something for nothing.. Warez, mp3's, etc... - the younger generation is used to STEALING what they want to use with no regard for the time and effort it took to develop the original. Most of the time, it is not the actual work that is valuable - it is the original idea that the "inventor" came up with. Many people can "copy" a photograph; and, in some cases, get a better result, but the original is always more valuable as it was the unique idea that the viewer first liked.

Just like in this case . . . it is not the fact that "Houston" could not have come up with these actions in the first place, it is the fact that he blatently copied the design and work of another person and then even used the other persons name/product name in the "marketing" of his product. Yes, it does take litigation to solve issues like this - otherwise, you leave yourself open to others doing the same thing to other products that you have "invented".

you better download a copy of the open office because pretty soon you will not be able to afford to us MS OFFICE. Businesses all around are going to open source. As a consultant we deal with making sure everything is legal. It's getting to the point to where companies cant afford to buy the new version... MS is really working their agreements and making it harder and harder to do business cheaply....

It's in the works to have you use MS Office over the net and everytime you want to use it you will have to PAY MS and they will charge you per time that your on it. OPEN SOURCE on the desktop is coming faster than you know. People use open office and star all the time and you dont know it.

[adirty1]

Originally Posted by Ray

$$$$

you said it.....
and the king is starting to creep me out.

[Ray]

I'll change it, plz don't sue me.

[adirty1]

No worries. RAYRAY

Guys, dont get me wrong i think gary is a hell of a marketer. I just put an order in for the Get Rich DVD... LOOKED good.

I just think it's a little much to let the pit bulls out on a 25 year old....but he's got to learn...

[Joshua]

I disagree and believe a ceast in desist should have been provide first in this case. I will go with "houston" wasn't trying to make money off of the deal, but rather at most was taking a few potential customers away from Mr. Fong. Now maybe a ceast and desist was sent, who knows I for sure don't, but if it wasn't I would in that case send one first. Given that person the chance to make the wrong right before forcing them to do so in a legal battle. I guess we could debate the purpose of suing and taking legal action, but I am sure we all have difference's of opinion, mine is that it's there to protect us. A cease and desist definitely does that in this case and if thats ignored definitely suing is an option. Just my humble opinion!

[igcollection]

i am the person who authored the "ivan's digital book action set", i had no intent to hurt gary fong inc; in any way, i made a mistake and the moderators talked to me about intellectual property. At first i didnt believe, but i told them to take down the threads as to not cause any legal stir. That was before Gary came in and posted this thread.

I didn't realize that such word as "autodrop image" was submitted as trademark or that the "dress" of the action set would cause trouble.

I simply spoke out loud an opinion that wasn't meant to be heard. I feel horrible for putting Gary through such an situation and for that i apologize. I went and bought his software as to make things right.

Hopefully Gary will not be so harsh on me.

[AjP]

I don't think u hurt Fong's Inc at all, the rest is up to Mr. Fong....

[brad]

Takes a big guy to admit he was wrong in public, Ivan. Props to you.

[Joshua]

Yeah we all makes mistakes, maybe not all in the same way, but we all make mistakes even intentional ones... I hope he takes it easy on you as well. Grace given is grace received... and we all will needed it at some point in life!

Good luck to both of you!

[igcollection]

Anyone who has received a copy of the actions set, please destroy it, do not use it please.

[Steelsun]

I do agree that some errors in judgment and process were made, and seem to be corrected, but I do have a question:
Is it actually trademarked? And what was actually trademarked?

The reason I ask, is a search of the Trademark listings of the USPTO only shows 5 trademarks (1 dead) for Gary Fong:
LIGHTSPHERE
DATEBOX (DEAD)
STORYBOOK STUDIO
STORYBOOK
STORYBOOK WEDDINGS

There is no trademark I could find for "autodrop image", and the word "autodrop" alone is trademarked half a dozen times for applications relating to needles, medicine, eye droppers, and pantographs, but nothing related to this cause.

All that being said, I am a fan of Gary's products (I have a Lightspehere that I use a bunch and reccomend highly), and may try out his original action that was duplicated in the future (if I develop a need for it).