On 8/24/2011 3:06 PM, Dave McGuire wrote:
On 08/24/2011 03:43 PM, Adrian Stoness wrote:
if they didn't do this they loose their
copyright though
Even if that were true, and I'm not sure it is, it's still
pointless. Their stuff left the realm of commercial relevancy over
twenty years ago. It is only of historic and nostalgic interest now.
Those suits going after this is just a desperate grab for
(nonexistant) money. It reeks of suitly sleaziness and a whole lot of
cluelessness, aside from being assholes.
-Dave
I'm not saying that I agree with their tone and methods, but there are
legitimate reasons (that you would appreciate) for doing things like this.
If they fail to show vigorous defense of the name, they open the door
for other firms to use the name for monetary gain for products of
dubious value without hope of winning a suit against them. Yes, Atari
could (and would) file a suit against the firms, but they do so in a
significantly weakened position. Thus, even though they risk alienating
their core customers, these letters form a paper trail that show the
court a vigorous defense. My point: If you don't want some dodgy
company to make a crappy product and trick buyers into thinking it's an
Atari item, consider your position on these C&Ds carefully. I see it
not as a "desperate grab for money" as much as a "ensuring no one else
tries to make a quick grab fr cash using the name".
Again, I see this as a "robot" email, and it did not take into account
the particulars of the site. As well, vigorously defending your name
does not have to mean sending out nasty letters like this. Finally,
ignoring it is not a good idea. Retaining an attorney, expensive though
it might be, to draft a competent letter demanding to know the details
of the infringement (written in proper legalese, as someone else
suggested) will quickly deal with this issue.
No, IANAL, but I have done the research, since I use the Commodore name
in certain product listings and such.
If this sort of thing becomes more prevalent (which it might),
enthusiasts might need to form "associations" that can handle protecting
or dealing with these things. The links would be on a association's
site (portal), etc.
Jim
--
Jim Brain
brain at
jbrain.com
www.jbrain.com