ISOGuru - An E-Mail Threat - For shame - Vinod Kumar must be nuts
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Wes Bucey
Prophet of Profit
Tim is on the right track. Valid defense against trademark infringement is definitely proof of prior use. The fact the use is "open and notorious" (a term of legal art) by virtue of having been continuously available in the public domain strengthens the prior use.
In fact, you [Marc] may have a valid claim to get a declaratory judgment from a court of competent jurisdiction to the effect the term is in the public domain, invalidating any subsequent trademarks. The fact the term has been published world-wide via the internet would give credence to world-wide public domain status.
Of course, all of this could be trumped by ISO in Switzerland.
(You would never have used the term and expected it to be understood if there were no prior ISO familiarity among your readership at the time.)
My understanding of "Fair Use" of trademark is that it is not necessary to use the little "tm" each time you use it as long as it is not for commercial benefit and it is clearly understood from the context the writer does not imply he is connected to or representing the trademark holder. Hence, we can write, "Get me a box of Kleenex when you go to the store" and not infringe the trademark. Similarly, we may all have at least one acquaintance who is so "brand loyal" to a particular product that others refer to the person in oral and written communication as a "Chevy guy" or a "L’Oréal gal" without infringing the trademark. I think "ISO Guru" is sufficiently similar usage to withstand judicial inspection.
My original advice in post #2 still stands:
"File this under "Kooks to ignore"
In fact, you [Marc] may have a valid claim to get a declaratory judgment from a court of competent jurisdiction to the effect the term is in the public domain, invalidating any subsequent trademarks. The fact the term has been published world-wide via the internet would give credence to world-wide public domain status.
Of course, all of this could be trumped by ISO in Switzerland.
(You would never have used the term and expected it to be understood if there were no prior ISO familiarity among your readership at the time.)
My understanding of "Fair Use" of trademark is that it is not necessary to use the little "tm" each time you use it as long as it is not for commercial benefit and it is clearly understood from the context the writer does not imply he is connected to or representing the trademark holder. Hence, we can write, "Get me a box of Kleenex when you go to the store" and not infringe the trademark. Similarly, we may all have at least one acquaintance who is so "brand loyal" to a particular product that others refer to the person in oral and written communication as a "Chevy guy" or a "L’Oréal gal" without infringing the trademark. I think "ISO Guru" is sufficiently similar usage to withstand judicial inspection.
My original advice in post #2 still stands:
"File this under "Kooks to ignore"
You're right Wes. I will add, to be more precise in all this, his complaint was my using two terms separated by a space. His trademark is for the single term 'ISOGuru'.
The supposed infringing sentence reads: "Have your consultant or internal 'ISO Guru' give a short course on flow charting."
To try to tie that to trademark infringement is a long stretch.
The supposed infringing sentence reads: "Have your consultant or internal 'ISO Guru' give a short course on flow charting."
To try to tie that to trademark infringement is a long stretch.
J
JWenmeekers
Altogether a great advertisement stunt.
4 pages on the forum, over 520 views, several times the name of the 'business'.
Probably several members took a peep at his site.
Huge increase of traffic....
What would have happen if Marc had deleted the first mail, without reply...?
There's no proof of opening/reading the mail....
Plain nothing.
For me it's just a nice try from somebody who was probably bored at the end of the week, nitpicking about a non existing thing.
And reacting like he did is proof of 'Non ISOGuru'. (with or without space).
I follow Wes Bucey....
4 pages on the forum, over 520 views, several times the name of the 'business'.
Probably several members took a peep at his site.
Huge increase of traffic....
What would have happen if Marc had deleted the first mail, without reply...?
There's no proof of opening/reading the mail....
Plain nothing.
For me it's just a nice try from somebody who was probably bored at the end of the week, nitpicking about a non existing thing.
And reacting like he did is proof of 'Non ISOGuru'. (with or without space).
I follow Wes Bucey....
Claes Gefvenberg
Admin
What really amazes me about this little exchange is that Mr Kumar persists... He reminds me of a certain character in a book by Miguel de Cervantes: Don Quixote 
(Suggested reading btw. It's very entertaining 
).
The way I see it, the only possible outcome of this little crusade will be that he hurts himself in the long run (despite a short-lived increase in traffic to his site, which incidentally is brimming with absolutley no useful information), because who wants to do business with the man from La Mancha?
/Claes
(Suggested reading btw. It's very entertaining ).The way I see it, the only possible outcome of this little crusade will be that he hurts himself in the long run (despite a short-lived increase in traffic to his site, which incidentally is brimming with absolutley no useful information), because who wants to do business with the man from La Mancha?
/Claes
D
D.Scott
Not quite on topic but close enough -
Did you know that the common name for a vacuum cleaner in England is "the Hoover"? Not just for a Hoover but for any brand.
By the way guys, I am in the process of obtaining the trademark rights to "Quality Manager" so you had better order new business cards. Just to rub it in to Marc and my other northern peers, I have been suffering down here in Bradenton Florida for the last week helping solve a quality issue. This is a very rough assignment but somebody's got to do it.
Dave
Did you know that the common name for a vacuum cleaner in England is "the Hoover"? Not just for a Hoover but for any brand.
By the way guys, I am in the process of obtaining the trademark rights to "Quality Manager" so you had better order new business cards. Just to rub it in to Marc and my other northern peers, I have been suffering down here in Bradenton Florida for the last week helping solve a quality issue. This is a very rough assignment but somebody's got to do it.
Dave
J
JRKH
Hurt him help Marc
I did a search this morning on MSN for ISOGURU and the first hit was for the Elsmar Cove.
What goes around comes around.
James
JWenmeekers said:
I did a search this morning on MSN for ISOGURU and the first hit was for the Elsmar Cove.
What goes around comes around.
James
R
RosieA
Anybody got a dart board?
I have no idea of the legalities, but anybody who messes with "our" Marc is no friend of mine, guru or not.
I have no idea of the legalities, but anybody who messes with "our" Marc is no friend of mine, guru or not.
V
Valeri
RosieA said:Anybody got a dart board?
I have no idea of the legalities, but anybody who messes with "our" Marc is no friend of mine, guru or not.
Never a more true statement.
Obviously ISOguru, or whatever, doesn't subscribe to Dilbert: "Don't meddle in the affairs of dragons, you're crunchy and taste good with ketchup."
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