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<rss xmlns:atom="http://www.w3.org/2005/Atom" version="2.0"><channel><title>Andy Beard - Internet Business Systems Discussion - Latest Comments in Wordpress Trademark Scammers?</title><link>http://andybeard.disqus.com/</link><description>Internet Marketing, Lead Acquisition, Online Business Strategy and Social Media with Original Opinion and Loads of Attitude</description><atom:link href="https://andybeard.disqus.com/wordpress_trademark_scammers_40/latest.rss" rel="self"></atom:link><language>en</language><lastBuildDate>Wed, 21 May 2008 06:00:35 -0000</lastBuildDate><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522141</link><description>&lt;p&gt;I stumbled upon this old article and because right now I'm part of the same problem I'd like to say that Automattic's intentions regarding the trademark are not that simple and clean as they appear to be.&lt;/p&gt;&lt;p&gt;&lt;a href="http://wordpress.mu/1423.html" rel="nofollow noopener" target="_blank" title="http://wordpress.mu/1423.html"&gt;Read my post at my weblog&lt;/a&gt; to find out more about this issue.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">truden</dc:creator><pubDate>Wed, 21 May 2008 06:00:35 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987270</link><description>&lt;p&gt;I stumbled upon this old article and because right now I'm part of the same problem I'd like to say that Automattic's intentions regarding the trademark are not that simple and clean as they appear to be.&lt;/p&gt;&lt;p&gt;&lt;a href="http://wordpress.mu/1423.html" rel="nofollow noopener" target="_blank" title="http://wordpress.mu/1423.html"&gt;Read my post at my weblog&lt;/a&gt; to find out more about this issue.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">truden</dc:creator><pubDate>Wed, 21 May 2008 06:00:35 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522140</link><description>&lt;p&gt;Bob... again... that is very true!&lt;/p&gt;&lt;p&gt;Konrad Braun&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Konrad Braun</dc:creator><pubDate>Mon, 22 Jan 2007 16:44:26 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987269</link><description>&lt;p&gt;Bob... again... that is very true!&lt;/p&gt;&lt;p&gt;Konrad Braun&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Konrad Braun</dc:creator><pubDate>Mon, 22 Jan 2007 16:44:26 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522139</link><description>&lt;p&gt;With the day things are today, more people are getting interested in investing their money to make them grow faster. The problem is, not too many people are willing to take the risk of investing it because of the risks, so some of them just let their money rut in banks. Not that there's anything wrong with banks, it's just that they have low rates and the money takes a long time to grow. If you want real money, you have to have the guts to risk it. Making money needs money; risks are always involved if you want to have money fast and big.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Bob Palmisano</dc:creator><pubDate>Sun, 14 Jan 2007 22:33:18 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987268</link><description>&lt;p&gt;With the day things are today, more people are getting interested in investing their money to make them grow faster. The problem is, not too many people are willing to take the risk of investing it because of the risks, so some of them just let their money rut in banks. Not that there's anything wrong with banks, it's just that they have low rates and the money takes a long time to grow. If you want real money, you have to have the guts to risk it. Making money needs money; risks are always involved if you want to have money fast and big.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Bob Palmisano</dc:creator><pubDate>Sun, 14 Jan 2007 22:33:18 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522138</link><description>&lt;p&gt;I think people get to stuck on themselves at times and can hardly beleive at times I can not own a domain with a trademark name with it. So lets say I tradmark a company "city street" and i say you can no longer have a domain with city street in it anywhere. Or even better why not go a step further and say anything with "city" or "street" is off limits too. I mean why not. Here's a good idea. Why not let tehm do it if they put something on there that just lets folks visiting they aren't associated with that company? That just makes good horse sense.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Jonathan</dc:creator><pubDate>Thu, 11 Jan 2007 22:53:27 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987267</link><description>&lt;p&gt;I think people get to stuck on themselves at times and can hardly beleive at times I can not own a domain with a trademark name with it. So lets say I tradmark a company "city street" and i say you can no longer have a domain with city street in it anywhere. Or even better why not go a step further and say anything with "city" or "street" is off limits too. I mean why not. Here's a good idea. Why not let tehm do it if they put something on there that just lets folks visiting they aren't associated with that company? That just makes good horse sense.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Jonathan</dc:creator><pubDate>Thu, 11 Jan 2007 22:53:27 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987266</link><description>&lt;p&gt;Great site,lot's of Blogging information.I'll be back.&lt;/p&gt;&lt;p&gt;Joe Golson&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Joe Golson</dc:creator><pubDate>Sat, 06 Jan 2007 16:46:50 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522137</link><description>&lt;p&gt;Great site,lot's of Blogging information.I'll be back.&lt;/p&gt;&lt;p&gt;Joe Golson&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Joe Golson</dc:creator><pubDate>Sat, 06 Jan 2007 16:46:50 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522136</link><description>&lt;p&gt;I previously posted but it maybe got lost so here goes again for what it is worth.&lt;br&gt; I wouldn't waste my time learning how to create my website and reading every thing out&lt;/p&gt;&lt;p&gt;there.and spending hours trying to post something interesting  for others to read on a blog if it&lt;/p&gt;&lt;p&gt;wasn't going to benefit me in someway why would I?. It takes time long hours  and effort.&lt;br&gt;              So tell me why else would I put my heart and energy into blog posting( among  all the&lt;/p&gt;&lt;p&gt;garbage that is spewed out there) by housebound mindless twits  if I didn't have a chance of&lt;/p&gt;&lt;p&gt;advertising to the others  among the world population who would prove to be    a potential sign up&lt;/p&gt;&lt;p&gt;to my honest affiliate program which would be of mutual benefit? &lt;br&gt;             There maybe egg heads who think they have great brains with ideas that will save the&lt;/p&gt;&lt;p&gt;world or others with  wild music to drive them mad or some meat head with an axe to grind.&lt;br&gt;             Let me tell you they are in the minority and if blog blokes running World Press or any&lt;/p&gt;&lt;p&gt;other blog depend on them they will be up the proverbial creek without a paddle.RE  Affiliate&lt;/p&gt;&lt;p&gt;marketing the net was just made for it and it is here to stay So get used to it.&lt;br&gt;            Let me just say this ofcourse Word Press have an axe to grind  if anyone is going to&lt;/p&gt;&lt;p&gt;make money off the Word Press trademark , it had better be them.Nobody on the net is going to&lt;/p&gt;&lt;p&gt;say thank you to anyone who uses their Trademark and says well look I am benefiting you too IF&lt;/p&gt;&lt;p&gt;THEY USED THEIR TRADEMARK WITHOUT PERMISSION.&lt;br&gt;            GET REAL.. `&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">bluewren</dc:creator><pubDate>Tue, 02 Jan 2007 19:52:18 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987265</link><description>&lt;p&gt;I previously posted but it maybe got lost so here goes again for what it is worth.&lt;br&gt; I wouldn't waste my time learning how to create my website and reading every thing out&lt;/p&gt;&lt;p&gt;there.and spending hours trying to post something interesting  for others to read on a blog if it&lt;/p&gt;&lt;p&gt;wasn't going to benefit me in someway why would I?. It takes time long hours  and effort.&lt;br&gt;              So tell me why else would I put my heart and energy into blog posting( among  all the&lt;/p&gt;&lt;p&gt;garbage that is spewed out there) by housebound mindless twits  if I didn't have a chance of&lt;/p&gt;&lt;p&gt;advertising to the others  among the world population who would prove to be    a potential sign up&lt;/p&gt;&lt;p&gt;to my honest affiliate program which would be of mutual benefit? &lt;br&gt;             There maybe egg heads who think they have great brains with ideas that will save the&lt;/p&gt;&lt;p&gt;world or others with  wild music to drive them mad or some meat head with an axe to grind.&lt;br&gt;             Let me tell you they are in the minority and if blog blokes running World Press or any&lt;/p&gt;&lt;p&gt;other blog depend on them they will be up the proverbial creek without a paddle.RE  Affiliate&lt;/p&gt;&lt;p&gt;marketing the net was just made for it and it is here to stay So get used to it.&lt;br&gt;            Let me just say this ofcourse Word Press have an axe to grind  if anyone is going to&lt;/p&gt;&lt;p&gt;make money off the Word Press trademark , it had better be them.Nobody on the net is going to&lt;/p&gt;&lt;p&gt;say thank you to anyone who uses their Trademark and says well look I am benefiting you too IF&lt;/p&gt;&lt;p&gt;THEY USED THEIR TRADEMARK WITHOUT PERMISSION.&lt;br&gt;            GET REAL.. `&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">bluewren</dc:creator><pubDate>Tue, 02 Jan 2007 19:52:18 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522135</link><description>&lt;p&gt;With all due respect to Matt - how can you make judgment of these two men on your assumptions alone?&lt;/p&gt;&lt;p&gt;Sherman is a man of integrity - and his business ethics are heart-filled and second to anyone that I personal know.&lt;/p&gt;&lt;p&gt;Just look around at the obvious - there is more emotion behind these posts than most blogs will see in a lifetime.&lt;/p&gt;&lt;p&gt;If you hear anything in my post, hear this - Sherman is an asset to Wordpress, you just haven't seen it in the right perspective yet.&lt;/p&gt;&lt;p&gt;There are many brilliant and influential people here that are experts in marketing with the same respect that you know Wordpress.&lt;/p&gt;&lt;p&gt;They also carry the ability to move the masses in an instant.&lt;/p&gt;&lt;p&gt;I don't mean that in a bad way - not at all ... "I mean this in a good way."&lt;/p&gt;&lt;p&gt;By nature Sherman attracts people at this level without overlooking your local family and friends that create blogs for fun.&lt;/p&gt;&lt;p&gt;Let's put everything into perspective and forget about the trademark for a moment.&lt;/p&gt;&lt;p&gt;Sherman is a true professional and would still be the "go-to guy" in his field, with or without Wordpress. The loyalty shows and many of the people here have chosen Wordpress because of his recommendations alone.&lt;/p&gt;&lt;p&gt;He has also brought Wordpress to "life" in such a way that many of us would have not experienced without his help.&lt;/p&gt;&lt;p&gt;After seeing the capability and possibilities of Wordpress that is "within our reach" - we also tell all of our contacts why they need to start using Wordpress right away.&lt;/p&gt;&lt;p&gt;When the dust settles I think you'll make the right decisions (at least I hope so) or you'll be closing the door on a tremendous amount of opportunity.&lt;/p&gt;&lt;p&gt;'Sherman's tutorials and backstage access have been one of my investments for 2006"&lt;/p&gt;&lt;p&gt;Sincerely - and to the success of this matter,&lt;/p&gt;&lt;p&gt;Nick Teetzel&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Nick Teetzel</dc:creator><pubDate>Mon, 06 Nov 2006 01:27:22 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987264</link><description>&lt;p&gt;With all due respect to Matt - how can you make judgment of these two men on your assumptions alone?&lt;/p&gt;&lt;p&gt;Sherman is a man of integrity - and his business ethics are heart-filled and second to anyone that I personal know.&lt;/p&gt;&lt;p&gt;Just look around at the obvious - there is more emotion behind these posts than most blogs will see in a lifetime.&lt;/p&gt;&lt;p&gt;If you hear anything in my post, hear this - Sherman is an asset to Wordpress, you just haven't seen it in the right perspective yet.&lt;/p&gt;&lt;p&gt;There are many brilliant and influential people here that are experts in marketing with the same respect that you know Wordpress.&lt;/p&gt;&lt;p&gt;They also carry the ability to move the masses in an instant.&lt;/p&gt;&lt;p&gt;I don't mean that in a bad way - not at all ... "I mean this in a good way."&lt;/p&gt;&lt;p&gt;By nature Sherman attracts people at this level without overlooking your local family and friends that create blogs for fun.&lt;/p&gt;&lt;p&gt;Let's put everything into perspective and forget about the trademark for a moment.&lt;/p&gt;&lt;p&gt;Sherman is a true professional and would still be the "go-to guy" in his field, with or without Wordpress. The loyalty shows and many of the people here have chosen Wordpress because of his recommendations alone.&lt;/p&gt;&lt;p&gt;He has also brought Wordpress to "life" in such a way that many of us would have not experienced without his help.&lt;/p&gt;&lt;p&gt;After seeing the capability and possibilities of Wordpress that is "within our reach" - we also tell all of our contacts why they need to start using Wordpress right away.&lt;/p&gt;&lt;p&gt;When the dust settles I think you'll make the right decisions (at least I hope so) or you'll be closing the door on a tremendous amount of opportunity.&lt;/p&gt;&lt;p&gt;'Sherman's tutorials and backstage access have been one of my investments for 2006"&lt;/p&gt;&lt;p&gt;Sincerely - and to the success of this matter,&lt;/p&gt;&lt;p&gt;Nick Teetzel&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Nick Teetzel</dc:creator><pubDate>Mon, 06 Nov 2006 01:27:22 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522134</link><description>&lt;p&gt;I had the opportunity to meet Sherman Hu at an internet marketing seminar this past summer. He was part of the faculty at this event and I was both surprised and pleased when he came over and sat at our table for breakfast. He was very nice, approachable and "down to earth".&lt;/p&gt;&lt;p&gt;I had been in touch with Sherman on a couple of occasions to see if he could help me with some troubles that I was having learning Wordpress. I found him to be very helpful and informative. He actually went above and beyond what I asked him for and at no time did he ever ask me for any money.&lt;/p&gt;&lt;p&gt;I know that it's not possible to tell much about a person just by communicating by email, but Sherman's personality was just as warm and friendly as he came across in his emails. He was very helpful and very willing to take the time to answer any questions that others had, including other faculty members.&lt;/p&gt;&lt;p&gt;I won't argue the point of there being people with zero integrity in the affiliate marketing realm. I've been in sales and marketing for years and seen it time and again. However, to call Mr. Sherman Hu ANYTHING but honorable is a mistake.&lt;/p&gt;&lt;p&gt;If you're accusing Mr. Hu of being a "snake oil salesaman", then I believe you've got him confused with someone else.&lt;/p&gt;&lt;p&gt;I hope to see you in Chicago again next year Sherman. It was a pleasure.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Joe Stewart</dc:creator><pubDate>Fri, 03 Nov 2006 19:03:17 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987263</link><description>&lt;p&gt;I had the opportunity to meet Sherman Hu at an internet marketing seminar this past summer. He was part of the faculty at this event and I was both surprised and pleased when he came over and sat at our table for breakfast. He was very nice, approachable and "down to earth".&lt;/p&gt;&lt;p&gt;I had been in touch with Sherman on a couple of occasions to see if he could help me with some troubles that I was having learning Wordpress. I found him to be very helpful and informative. He actually went above and beyond what I asked him for and at no time did he ever ask me for any money.&lt;/p&gt;&lt;p&gt;I know that it's not possible to tell much about a person just by communicating by email, but Sherman's personality was just as warm and friendly as he came across in his emails. He was very helpful and very willing to take the time to answer any questions that others had, including other faculty members.&lt;/p&gt;&lt;p&gt;I won't argue the point of there being people with zero integrity in the affiliate marketing realm. I've been in sales and marketing for years and seen it time and again. However, to call Mr. Sherman Hu ANYTHING but honorable is a mistake.&lt;/p&gt;&lt;p&gt;If you're accusing Mr. Hu of being a "snake oil salesaman", then I believe you've got him confused with someone else.&lt;/p&gt;&lt;p&gt;I hope to see you in Chicago again next year Sherman. It was a pleasure.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Joe Stewart</dc:creator><pubDate>Fri, 03 Nov 2006 19:03:17 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522133</link><description>&lt;p&gt;Just a quick thought for folks. All Matt wants is the domains not to contain "wordpress".&lt;/p&gt;&lt;p&gt;Given all the references to newbies in this thread it seems to me the reason he might want that would be more obvious. To some number of newbies, the un-initiated, the presence of "wordpress" in the domains on these sites could stand as ownership or at least relationship between &lt;a href="http://wordpress.org" rel="nofollow noopener" target="_blank" title="wordpress.org"&gt;wordpress.org&lt;/a&gt; and the sites in question.&lt;/p&gt;&lt;p&gt;That said, Matt, it isn't real cool calling these guys spammy or scammy when you seem not to really even know what their product is in the first place. Neither of these guys sells automation software on these sites, they sell tutorials for people who can't understand what they find at the codex and or the forum.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Dane Morgan</dc:creator><pubDate>Fri, 03 Nov 2006 18:20:43 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987262</link><description>&lt;p&gt;Just a quick thought for folks. All Matt wants is the domains not to contain "wordpress".&lt;/p&gt;&lt;p&gt;Given all the references to newbies in this thread it seems to me the reason he might want that would be more obvious. To some number of newbies, the un-initiated, the presence of "wordpress" in the domains on these sites could stand as ownership or at least relationship between &lt;a href="http://wordpress.org" rel="nofollow noopener" target="_blank" title="wordpress.org"&gt;wordpress.org&lt;/a&gt; and the sites in question.&lt;/p&gt;&lt;p&gt;That said, Matt, it isn't real cool calling these guys spammy or scammy when you seem not to really even know what their product is in the first place. Neither of these guys sells automation software on these sites, they sell tutorials for people who can't understand what they find at the codex and or the forum.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Dane Morgan</dc:creator><pubDate>Fri, 03 Nov 2006 18:20:43 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522132</link><description>&lt;p&gt;Unfortunately some of your questions (like fair use and who actually owns the IP rights) are those only a judge or a mediation panel can eventually decide, based on whatever facts were presented by both sides should it reach that point. I won't go into that since I don't exactly know the full story behind WordPress.&lt;/p&gt;&lt;p&gt;If it goes into arbitration via the Uniform Dispute Resolution Policy (UDRP), it can cost at least $1,200 IIRC. The fees are dependent on who among the UDRP-accredited providers will be selected to oversee the dispute.&lt;/p&gt;&lt;p&gt;If it goes into Court under the US' Anticybersquatting Consumer Protection Act (ACPA), the complainant can ask for control of the domain name and up to $100k per name.&lt;/p&gt;&lt;p&gt;Then again, many domain name-trademark disputes are resolved before reaching either one. I hope this development with WordPress and Sherman will be one of them.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">DaveZ</dc:creator><pubDate>Fri, 03 Nov 2006 10:55:29 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987261</link><description>&lt;p&gt;Unfortunately some of your questions (like fair use and who actually owns the IP rights) are those only a judge or a mediation panel can eventually decide, based on whatever facts were presented by both sides should it reach that point. I won't go into that since I don't exactly know the full story behind WordPress.&lt;/p&gt;&lt;p&gt;If it goes into arbitration via the Uniform Dispute Resolution Policy (UDRP), it can cost at least $1,200 IIRC. The fees are dependent on who among the UDRP-accredited providers will be selected to oversee the dispute.&lt;/p&gt;&lt;p&gt;If it goes into Court under the US' Anticybersquatting Consumer Protection Act (ACPA), the complainant can ask for control of the domain name and up to $100k per name.&lt;/p&gt;&lt;p&gt;Then again, many domain name-trademark disputes are resolved before reaching either one. I hope this development with WordPress and Sherman will be one of them.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">DaveZ</dc:creator><pubDate>Fri, 03 Nov 2006 10:55:29 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522131</link><description>&lt;p&gt;Hi Dave&lt;/p&gt;&lt;p&gt;Thanks for your input.&lt;/p&gt;&lt;p&gt;I know IAMAL applies for you as well as me, but at least you do work in the domain industry (and your ebook on domain names was facinating).&lt;/p&gt;&lt;p&gt;Wouldn't it at least be necessary to claim somewhere on your website that you regard a name as being a trademark?&lt;br&gt;That information wasn't obviously available (and still isn't)&lt;/p&gt;&lt;p&gt;Wordpress were not the only users of the term when they started using the name. Only .org was available when Wordpress was born.&lt;/p&gt;&lt;p&gt;Under what circumstances would fair use apply? (they are not competing - Wordpress is not used in any way for a support service, and I can't see any financial loss or dilution)&lt;/p&gt;&lt;p&gt;If the person who came up with the name for the product contributed it as "part of the community", to a GPL product, who actually owns the IP inherant in the name?&lt;/p&gt;&lt;p&gt;From my understanding of this, if it goes to arbitration it might cost WP around $800 in the US, slightly less in Europe for a single arbitrator. More if more people are involved. The result would be they get the domain name (if they win)&lt;/p&gt;&lt;p&gt;$800 x 160 domain names ?&lt;/p&gt;&lt;p&gt;Can the treatment of different users be looked on as significant during arbitration? "community projects" being allowed even though they are semi-commercial, whilst commercial sites are strongly persued. It is not a case that WP hasn't got around to persuit of the others, they have implied that they won't.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">AndyBeard</dc:creator><pubDate>Fri, 03 Nov 2006 10:06:10 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987260</link><description>&lt;p&gt;Hi Dave&lt;/p&gt;&lt;p&gt;Thanks for your input.&lt;/p&gt;&lt;p&gt;I know IAMAL applies for you as well as me, but at least you do work in the domain industry (and your ebook on domain names was facinating).&lt;/p&gt;&lt;p&gt;Wouldn't it at least be necessary to claim somewhere on your website that you regard a name as being a trademark?&lt;br&gt;That information wasn't obviously available (and still isn't)&lt;/p&gt;&lt;p&gt;Wordpress were not the only users of the term when they started using the name. Only .org was available when Wordpress was born.&lt;/p&gt;&lt;p&gt;Under what circumstances would fair use apply? (they are not competing - Wordpress is not used in any way for a support service, and I can't see any financial loss or dilution)&lt;/p&gt;&lt;p&gt;If the person who came up with the name for the product contributed it as "part of the community", to a GPL product, who actually owns the IP inherant in the name?&lt;/p&gt;&lt;p&gt;From my understanding of this, if it goes to arbitration it might cost WP around $800 in the US, slightly less in Europe for a single arbitrator. More if more people are involved. The result would be they get the domain name (if they win)&lt;/p&gt;&lt;p&gt;$800 x 160 domain names ?&lt;/p&gt;&lt;p&gt;Can the treatment of different users be looked on as significant during arbitration? "community projects" being allowed even though they are semi-commercial, whilst commercial sites are strongly persued. It is not a case that WP hasn't got around to persuit of the others, they have implied that they won't.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">AndyBeard</dc:creator><pubDate>Fri, 03 Nov 2006 10:06:10 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522130</link><description>&lt;p&gt;Iâ€™m not surprised WordPress finally did whatâ€™s been mentioned. I sympathize with Sherman and that other guy (Brandon Hong, I think) because it had to come to this when this couldâ€™ve been resolved sooner.&lt;/p&gt;&lt;p&gt;Letâ€™s not ignore some things, though:&lt;/p&gt;&lt;p&gt;1. Trademarks arise from usage, not registration. The WordPress people can definitely demonstrate trademark rights to such, especially since they have one.&lt;/p&gt;&lt;p&gt;2. Having trademark rights to the term in question, the WordPress cast are definitely within their rights to send C&amp;amp;D letters to whoever potentially infringes their rights.&lt;/p&gt;&lt;p&gt;3. Although their trademark registration covers only certain things, they can still charge Sherman et al for such because they're commercially riding on WordPress' trademark.&lt;/p&gt;&lt;p&gt;Can the WordPress people â€œtakeâ€ Shermanâ€™s and Brandonâ€™s word theyâ€™re â€œnot scammyâ€ or whatever, just like that? Maybe, but thatâ€™s for them to decide in any way they see fit, whether we agree with it or not.&lt;/p&gt;&lt;p&gt;This is an unfortunate reality: when a party is RAW (Ready, Able, Willing) to demonstrate their trademark rights, you have to be on the lookout. Even though US law doesnâ€™t exactly require one to be aware of trademarks, thereâ€™s a big difference between being blissfully ignorant and willingly disregarding.&lt;/p&gt;&lt;p&gt;Iâ€™ve read lots of domain name - trademark dispute decisions (and fortunately learned a valuable lot from veterans) to realize that when 2 parties are in the same area, the complaining one will tend to assume you know about it even if you donâ€™t. Sherman and Brandon probably shouldâ€™ve realized this if they hadnâ€™t, though I donâ€™t blame them.&lt;/p&gt;&lt;p&gt;Since some of you question the WordPressâ€™ decision to approach this issue the way they did, try this:&lt;/p&gt;&lt;p&gt;1. Some people put up scammy sites selling empty promises of riches via WordPress.&lt;/p&gt;&lt;p&gt;2. Some customers get burned, and WordPressâ€™ name is implanted in their heads.&lt;/p&gt;&lt;p&gt;3. Some will probably try to press charges first on the people who sold them out, only to find theyâ€™re gone.&lt;/p&gt;&lt;p&gt;Who do you think theyâ€™ll go after?&lt;/p&gt;&lt;p&gt;Now I've yet to read anything like what I described above happen...yet. But WordPress probably aren't waiting for that.&lt;/p&gt;&lt;p&gt;I actually applaud WordPress for doing what they can to protect their name and every thing along with it. At the same time, I look down on how they approached it.&lt;/p&gt;&lt;p&gt;Some of us (including me) donâ€™t agree with their assessment of such sites as â€œscammy snakeoil businessesâ€. But they donâ€™t have to agree with how we or Sherman or Brandon view it, they can only care about their own position. (which weâ€™re all entitled to, arenâ€™t we?)&lt;/p&gt;&lt;p&gt;Itâ€™s somewhat easy to believe Sherman and Brandon are â€œscammy snakeoil businessmanâ€, and what WordPress is doing is wrong. But without knowing and understanding fully the issues involved, we tend to jump to the wrong conclusions. (me included, of course. :D)&lt;/p&gt;&lt;p&gt;I sincerely wish and hope the WordPress people, Sherman, Brandon, and whoever is potentially directly affected by this will talk about it and hopefully find a win-win solution. They all stand to gain on this.&lt;/p&gt;&lt;p&gt;I hate to say this, though, but Sherman, Brandon, and every one of you have to expect the possibility (and reality) that WordPress has the final say, and be ready to face the consequences if we insist on our respective positions. Or any party for that matter.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">DaveZ</dc:creator><pubDate>Fri, 03 Nov 2006 07:49:22 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-10987259</link><description>&lt;p&gt;Iâ€™m not surprised WordPress finally did whatâ€™s been mentioned. I sympathize with Sherman and that other guy (Brandon Hong, I think) because it had to come to this when this couldâ€™ve been resolved sooner.&lt;/p&gt;&lt;p&gt;Letâ€™s not ignore some things, though:&lt;/p&gt;&lt;p&gt;1. Trademarks arise from usage, not registration. The WordPress people can definitely demonstrate trademark rights to such, especially since they have one.&lt;/p&gt;&lt;p&gt;2. Having trademark rights to the term in question, the WordPress cast are definitely within their rights to send C&amp;amp;D letters to whoever potentially infringes their rights.&lt;/p&gt;&lt;p&gt;3. Although their trademark registration covers only certain things, they can still charge Sherman et al for such because they're commercially riding on WordPress' trademark.&lt;/p&gt;&lt;p&gt;Can the WordPress people â€œtakeâ€ Shermanâ€™s and Brandonâ€™s word theyâ€™re â€œnot scammyâ€ or whatever, just like that? Maybe, but thatâ€™s for them to decide in any way they see fit, whether we agree with it or not.&lt;/p&gt;&lt;p&gt;This is an unfortunate reality: when a party is RAW (Ready, Able, Willing) to demonstrate their trademark rights, you have to be on the lookout. Even though US law doesnâ€™t exactly require one to be aware of trademarks, thereâ€™s a big difference between being blissfully ignorant and willingly disregarding.&lt;/p&gt;&lt;p&gt;Iâ€™ve read lots of domain name - trademark dispute decisions (and fortunately learned a valuable lot from veterans) to realize that when 2 parties are in the same area, the complaining one will tend to assume you know about it even if you donâ€™t. Sherman and Brandon probably shouldâ€™ve realized this if they hadnâ€™t, though I donâ€™t blame them.&lt;/p&gt;&lt;p&gt;Since some of you question the WordPressâ€™ decision to approach this issue the way they did, try this:&lt;/p&gt;&lt;p&gt;1. Some people put up scammy sites selling empty promises of riches via WordPress.&lt;/p&gt;&lt;p&gt;2. Some customers get burned, and WordPressâ€™ name is implanted in their heads.&lt;/p&gt;&lt;p&gt;3. Some will probably try to press charges first on the people who sold them out, only to find theyâ€™re gone.&lt;/p&gt;&lt;p&gt;Who do you think theyâ€™ll go after?&lt;/p&gt;&lt;p&gt;Now I've yet to read anything like what I described above happen...yet. But WordPress probably aren't waiting for that.&lt;/p&gt;&lt;p&gt;I actually applaud WordPress for doing what they can to protect their name and every thing along with it. At the same time, I look down on how they approached it.&lt;/p&gt;&lt;p&gt;Some of us (including me) donâ€™t agree with their assessment of such sites as â€œscammy snakeoil businessesâ€. But they donâ€™t have to agree with how we or Sherman or Brandon view it, they can only care about their own position. (which weâ€™re all entitled to, arenâ€™t we?)&lt;/p&gt;&lt;p&gt;Itâ€™s somewhat easy to believe Sherman and Brandon are â€œscammy snakeoil businessmanâ€, and what WordPress is doing is wrong. But without knowing and understanding fully the issues involved, we tend to jump to the wrong conclusions. (me included, of course. :D)&lt;/p&gt;&lt;p&gt;I sincerely wish and hope the WordPress people, Sherman, Brandon, and whoever is potentially directly affected by this will talk about it and hopefully find a win-win solution. They all stand to gain on this.&lt;/p&gt;&lt;p&gt;I hate to say this, though, but Sherman, Brandon, and every one of you have to expect the possibility (and reality) that WordPress has the final say, and be ready to face the consequences if we insist on our respective positions. Or any party for that matter.&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">DaveZ</dc:creator><pubDate>Fri, 03 Nov 2006 07:49:22 -0000</pubDate></item><item><title>Re: Wordpress Trademark Scammers?</title><link>http://andybeard.eu/112/wordpress-trademark-scammers.html#comment-12522129</link><description>&lt;p&gt;Ken McCarthy nailed it.  Methinx there is no legal basis for infringement here.&lt;/p&gt;&lt;p&gt;This adversarial posture would best be transformed into one of mutually beneficial alliance, IMHO.&lt;/p&gt;&lt;p&gt;Matt is a visionary, brilliant coder.&lt;/p&gt;&lt;p&gt;Sherman Hu is a very effective educator and stellar promoter with a heart of gold.  He's seen as a near-saintly figure by folks who know him and his work.  He offers legit ..educational aids, not auto-blog-poster software.&lt;/p&gt;&lt;p&gt;Singling him out as a target for public attack is an unwise move, methinx...  And at this point, a public apology and endorsement may save the WP brand from future, reputational damage.  That's what I'd do...&lt;/p&gt;&lt;p&gt;If there is a legally defensible infringement, then gently and respectfully pursue it through legal protocols.&lt;/p&gt;&lt;p&gt;Otherwise find ways to collaborate for the highest good of all concerned.&lt;/p&gt;&lt;p&gt;Ya don't shoot the cheerleader, baby... If ya do, the fans hate you, AND then YOU have to fill that slot yourself in a superior manner.&lt;/p&gt;&lt;p&gt;â€œThere is no such thing as a wrong note,â€ said jazzman Art Tatum.  In improvisation, you use everything for your advancement.  Sherman is getting a standing ovation, and so is Matt.  So in my world, it ain't a time to sling mud. It's time to start a band, baby...&lt;/p&gt;</description><dc:creator xmlns:dc="http://purl.org/dc/elements/1.1/">Clay Cotton</dc:creator><pubDate>Fri, 03 Nov 2006 02:43:19 -0000</pubDate></item></channel></rss>