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Here's another example... anybody ever confuse kale and chicken?

http://blogs.houstonpress.com/eating/2011/11/eat_more_kale_guy_pisses_off_c.php

"Eat More Kale" is way too close for comfort to their "Eat mor chikin" phrase. In a letter, a lawyer for Chick-fil-A said Muller-Moore's "eat more kale" message "is likely to cause confusion of the public and dilutes the distinctiveness of Chick-fil-A's intellectual property and diminishes its value.
Kale
images

Chicken

anyone who can't see the similarity there is blind and not looking for the truth. :crazy:

:kicksrock:
 
There's a big difference between Patent / Trademark / Copyright infringement and the vague umbrella IP arguments that KCBS has put out.

Your point being? That's a given.

I can count the C&D letters my attorney has sent in the last 10+ years on two hands. The cases litigated are fewer, and the cases won are 100%. Over the spread I've done a little better than break even. That's good enough for me because I never viewed litigation as a revenue stream. At the end of the day, it does cost me $ in terms of opportunity costs. I'll live with that, because it burns my butt to no end to have someone steal from me.

Just don't steal from me! I will litigate when needed to protect what I've produced. If it comes to my attention that someone has stolen code I've written I still, against advice of counsel, will approach them first and give them the opportunity to C&D. If they refuse, the fight is on and they can talk to my attorney. More often than not, legal fees consume any judgment that may be collected and in some cases there has been nothing to collect and the bills were mine. So be it.

Yeah, IP law can be nebulous. That doesn't negate the responsibility of the owner. It didn't create the game, I just play within the boundaries...and I DO play hard.
 
There's a big difference between Patent / Trademark / Copyright infringement and the vague umbrella IP arguments that KCBS has put out.

Your point being? That's a given.

I can count the C&D letters my attorney has sent in the last 10+ years on two hands. The cases litigated are fewer, and the cases won are 100%. Over the spread I've done a little better than break even. That's good enough for me because I never viewed litigation as a revenue stream. At the end of the day, it does cost me $ in terms of opportunity costs. I'll live with that, because it burns my butt to no end to have someone steal from me.

Just don't steal from me! I will litigate when needed to protect what I've produced. If it comes to my attention that someone has stolen code I've written I still, against advice of counsel, will approach them first and give them the opportunity to C&D. If they refuse, the fight is on and they can talk to my attorney. More often than not, legal fees consume any judgment that may be collected and in some cases there has been nothing to collect and the bills were mine. So be it.

Yeah, IP law can be nebulous. That doesn't negate the responsibility of the owner. It didn't create the game, I just play within the boundaries...and I DO play hard.

Oh come on, really? The point is, and to use your example. You C&D'd or litigated something that you had the undisputed IP rights to. You didn't (at least I hope you didn't) write a piece of code that generates a print stream to the windows print server then try to claim IP ownership of the MS print server via umbrella litigation on the basis that the print server is yours by the fact that your IP code uses it. (huh?:noidea:)

Back on point; KCBS clearly owns the KCBS CBJ program IP. Lift that in it's entirety or a major portion of it and a C&D letter should be forthcoming however KCBS does not own all things BBQ contest related. A couple of the KCBS C&D letters that I've seen text of are attempts to usurp common elements as KCBS IP. This is wrong and should stop. We'd all be better off if BBQ comps were treated more as "open source" vs for profit IP (and we won't get into the tax implications of that worm's nest.)

Enough, - who's up for margarita's? I'm buying:thumb:
 
Oh come on, really? The point is, and to use your example. You C&D'd or litigated something that you had the undisputed IP rights to. You didn't (at least I hope you didn't) write a piece of code that generates a print stream to the windows print server then try to claim IP ownership of the MS print server via umbrella litigation on the basis that the print server is yours by the fact that your IP code uses it. (huh?:noidea:)

Back on point; KCBS clearly owns the KCBS CBJ program IP. Lift that in it's entirety or a major portion of it and a C&D letter should be forthcoming however KCBS does not own all things BBQ contest related. A couple of the KCBS C&D letters that I've seen text of are attempts to usurp common elements as KCBS IP. This is wrong and should stop. We'd all be better off if BBQ comps were treated more as "open source" vs for profit IP (and we won't get into the tax implications of that worm's nest.)

Enough, - who's up for margarita's? I'm buying:thumb:

I don't know that we've seen the same letters, so can't comment. IF, and it's a big IF those elements were proprietary initially and KCBS didn't defend them, then it's open season or (source, using the same analogy).

I'll disagree on the open source model for multiple reasons, but that can be discussed over something less frivolous than a margarita down the road. Bring your stoic self to DFW and the beer and cheap tex-mex are on me. I'll send my wife to visit friends so we don't bore her.
 
There's a big difference between Patent / Trademark / Copyright infringement and the vague umbrella IP arguments that KCBS has put out.

It's copyrighted material. There is no denying that. I am pretty sure KCBS knows how to send out a C& D letter. the past enforcer was an attorney and they also have counsel. So to say they are a vague unbrella without knowing the contents or intentions of the letter would be wrong. Trademark would be the KCBS logo. I dont believe that KCBS is flexing their muscle over any patent matter on this matter. So I understand the differences and what this matter relates.
 
And Harwell fails again... I was on the list that requested to listen in tonight and was told he would email me the listen in phone number and he failed to do so. Figures.

Well I certainly hope they post this on the download site.

So why can't it be set up for any member to listen in? I'm sure that there's a way to do this where we could listen only and the audio could be cut off for closed sessions.
 
I requested to listen in tonight as well. *I didn't hear from anyone either. *It drives me crazy to know that there are such simple means of conducting business and yet it remains a complicated mess.
Heck, today I attended a webinar hosted by a major pharmaceutical company. I got an invite in my email, I registered, a link was sent to me, today at noon I clicked, "Join Your Webinar", attended the webinar and went about my day. They had 600 people on the webinar I attended!
I hear transparency and member driven organization mentioned far to often, and this continues to happen?:crazy:
 
The reason I remember being given was cost. It had to do with early registration and individual feeds rather than broad, open availability. Had no way to confirm and it was about a year ago. But I do wish it were easier to access for the mass audiance. Steve.
 
The reason I remember being given was cost. It had to do with early registration and individual feeds rather than broad, open availability. Had no way to confirm and it was about a year ago. But I do wish it were easier to access for the mass audiance. Steve.

How about this thing called Go to Webinar. Very simple, very easy to use. Check it out, gotowebinar.com.
It's not rocket science, but nobody is asking for rocket science.
 
I wonder if KCBS will have a problem with jurisdiction here? They don't have a legal entity in the UK, do they? Also, what would they claim as damages? The license fees for 9 contests wouldn't make it out of small claims court.

I can see defending their rights in the US, but overseas makes it a whole lot more complicated.
 
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