Freecycling

Fighting for freerecyling

Keeping mouths shut is not an option

At GlobalCool TFN were hoping for some good press. The entry would have stayed fine and good except that Deron instructed his minions to post comments that I have described in response 23 as gushing. In response to this Donna asks for me and others to shut our mouths. In her words, “There’s an old adage that says, “If you don’t have something good to say about something, keep your mouth shut.”

I am reminded of a very famous poem by Pastor Martin Niemöller which I repeat for Donna’s edification:

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

 

Many groups and moderators that are disenfranchised by TFN’s TPTB elect to go away and be silent: that is not my approach.

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September 27, 2007 Posted by | freecycle | Leave a comment

No other word…

For me a key statement in the 9th circuit decision concerns the concept called genericide, why which they mean the use of words like freecycle in a generic context.  The extract I would like to highlight is this one:

Alternatively, “a term intended by the seller to be a trademark for a new product [can be] taken by the public as a generic name because customers have no other word to use to name this new thing.”

I would simply ask, has anyone come up with a word for freecycling that is not the word freecycling?  Try as you may I think no-one has come up with a name that is as good as the one that The Freecycle Network adopted.  Since there is no other name then trademarking the name cannot succeed.

September 27, 2007 Posted by | freecycle | | Leave a comment

The Credibility Gap

If you want an insight into why one person thinks that Deron Beal is past his sell by date simply because of his behaviour around the finder issue, then I suggest you read credibility.  If I may spoil the conclusion, “But, the point here is that TFN is a worldwide virtual organization of unparalleled size and unlike any other, being led by someone who, in an instance of indiscretion, destroyed his credibility (arguably already questionable) and that of his co-leadership with an ill-executed bluff.”

September 27, 2007 Posted by | deron beal | Leave a comment

And more…

Ip Law Observer.

September 27, 2007 Posted by | legal, trademark | Leave a comment

And more comment…

Secondary Meaning and Volokh Conspiracy, both of which add further insights into the result of Tim Oey versus TFN.

September 27, 2007 Posted by | legal, trademark | , | Leave a comment

Read the EFF’s interpretation of the trademark disparagement result

Check out the Electronic Frontier Foundations comments on the victory by Tim Oey.

September 27, 2007 Posted by | freecycle | | 1 Comment

Unfortunately TFN lost the case against Tim Oey

Well, I say unfortunately.  I guess the result will be seen as unfortunate if you are one of TPTB in TFN.  If however you are me, then in fact YOU WANT TO SHOUT IT FROM THE ROOFTOPS.

The Freecycle Network did not just lose, but they lost on all counts.  You can read more at the Ninth Circuit Blog in which is a  link to the PDF that has the complete decision.

September 27, 2007 Posted by | legal, trademark, yahoogroups | , | 2 Comments