[Papervision3D] Embarrasing

[Steve D]

I'm only a law student.  It might be a good idea for papervision to go 501c.

also:

is it (the name/logo) copywritten?

Copyright is given for creative works.  Names and Logos would fall under the
category of Trademarks.

do "we" (by we i mean the dev team) legally own the name papervision3D ?

Yes and No.  I'm not sure if Papervision and Papervision3D are registered as
trademarks in the US or UK (where this company is based).  US law doesn't
require that a trademark be registered in order to have protection, but
registration certainly makes things easier.  It seems pretty clear that
papervision-3d.com is advertising a flash development company, and that is
an easy argument for trademark dilution.  I'd guess that the big sticking
point in a case would be proving that anyone owns the papervision3d
trademark in the first place.  This is the type of stuff that makes lawyers
lots of money.

The best solution would probably be if a few of us wrote some letters or
made some phone calls indicating our disapproval of their URL.  They'd
probably hand over the domain.


On Wed, Jan 7, 2009 at 10:07 AM, xero <xero.nu at gmail.com> wrote:

> here's a court precidence, where the plaintiff lost...
>
> http://www.adrforum.com/domains/decisions/95473.htm
>
> do "we" (by we i mean the dev team)
> legally own the name papervision3D ?
>
> is it (the name/logo) copywritten?
>
> if not, it might not be a bad idea to do it.
> ____  ___
> \   \/  /___________  ____
> .\     // __ \_  __ \/ _  \
> ./     \  ___/ | | \( <_>  )
> /___/\  \___  >__|---\____/
> |     \_/   \/        |
> | xero harrison       |
> | xero.nu at gmail.com   |
> | http://xero.nu      |
> | http://fontvir.us   |
> | http://hexarray.nu  |
> | http://xero.owns.us |
> `---------------------'
>
>
>
>> ---------- Forwarded message ----------
>> From: "Tim Knip" <tim.knip at gmail.com>
>> To: papervision3d at osflash.org
>> Date: Wed, 7 Jan 2009 17:50:35 +0100
>> Subject: Re: [Papervision3D] Embarrasing
>> Haha!
>>
>> Beleive name ripping like this can be legally challenged ;-)
>>
>> Tim
>>
>> 2009/1/7 Peter Kapelyan <flashnine at gmail.com>:
>> > Gotcha John,
>> >
>> > By pathetic I meant ripping off your guys name...
>> >
>> > Kinda what slopester said. I'm sure you wouldn't like if someone
>> advertised
>> > john-grden.com to the world, no matter how well the site looked or what
>> it
>> > sold. Or maybe it's just me that has some respect not to do it? :/
>> >
>> > -Pete
>> >
>> > On Wed, Jan 7, 2009 at 11:04 AM, slopester <slope at slopester.com> wrote:
>> >>
>> >> i'd call that cybersquatting - trading off your brand...  like
>> registering
>> >> britney-spears.com if you own a CD store.  It's misleading to the
>> visitor.
>> >> I know what I'd expect to see at www.papervision-3d.com and it isn't
>> that.
>> >> And as you guys are non profit it seems even lower.
>> >>
>> >> "using a domain name with bad faith intent to profit from the goodwill
>> of
>> >> a trademark belonging to someone else"
>> >> Wikipedia
>> >>
>> >> Maybe I need to develop a more John-like chilled attitude!  :o)
>> >>
>> >>
>> >> ----- Original Message -----
>> >> From: "Carlos Ulloa" <carlos at papervision3d.org>
>> >> To: <papervision3d at osflash.org>
>> >> Sent: Wednesday, January 07, 2009 12:47 PM
>> >> Subject: [Papervision3D] Embarrasing
>> >> > http://www.papervision-3d.com
>> >> >
>> >> > C4
>> >> >
>> >> > _______________________________________________
>> >> > Papervision3D mailing list
>> >> > Papervision3D at osflash.org
>> >> > http://osflash.org/mailman/listinfo/papervision3d_osflash.org
>> >>
>> >> ________________________________
>> >>
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>> >> 06/01/2009 17:16
>> >>
>> >> _______________________________________________
>> >> Papervision3D mailing list
>> >> Papervision3D at osflash.org
>> >> http://osflash.org/mailman/listinfo/papervision3d_osflash.org
>> >>
>> >
>> >
>> >
>> > --
>> > ___________________
>> >
>> > Actionscript 3.0 Flash 3D Graphics Engine
>> >
>> > HTTP://AWAY3D.COM <http://away3d.com/>
>> >
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>> >
>> >
>>
>
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