[Noisebridge-discuss] Letter to MakerBot?

aestetix aestetix aestetix at gmail.com
Wed Jan 11 07:37:20 UTC 2012


Agreed. Just because a name is trademarked doesn't mean you can't use it.

Case in point, a couple years ago "Five Minutes of Fame" actually got hit
with a C&D for trademark violation, by the people who held the trademark*.
You can see it here:
http://chillingeffects.org/trademark/notice.cgi?NoticeID=32369

And amazingly, our event is still called "Five Minutes of Fame." We even
went to the EFF, who graciously sent that org a response on our behalf, and
we never heard back.

Also, if that trademark is valid (I didn't look it up), it's likely owned
by Bre Pettis, who is one of the nicest guys I know. I can't speak for him,
but I imagine he'd be thrilled that people are inspired to create cool
projects. It's absolutely worthwhile to email him about the event because
everyone likes getting thank you messages, but I'm pretty sure you're going
to be fine :)

aestetix

* the C&D was really amusing. They actually made an edit in our wiki page,
apparently unaware that anyone could simply revert their edit.


> You can put a tm after essentially anything. It does not indicate a
> registered trademark. Your event predates their use in commerce by months,
> and Star Trek has priority over both of you by 20 years.
> This is not something worth worrying about.

On Jan 10, 2012 4:25 PM, "Elijah Post" <elijahpost at
gmail.com<https://www.noisebridge.net/mailman/listinfo/noisebridge-discuss>>
> wrote:
> >* I did the exact same search and saw that there was no MakerBot trade
> mark,
> *>* I get it.
> *>
> >* But go to the MakerBot website. What do you see? It has a (tm)
> everywhere
> *>* after it says replicator. That kind of ticks me off.
> *>
> >* On Tue, Jan 10, 2012 at 4:18 PM, Leif Ryge <leif at synthesize.us<https://www.noisebridge.net/mailman/listinfo/noisebridge-discuss>>
> wrote:
> *>
> >>* On 01/10/2012 03:54 PM, Martin Bogomolni wrote:
> *>>* > On Tue, Jan 10, 2012 at 3:33 PM, Elijah Post<elijahpost at
> gmail.com<https://www.noisebridge.net/mailman/listinfo/noisebridge-discuss>
> >
> *>>* > wrote:
> *>>* >> I feel that because MakerBot has a great deal of press, and also
> *>>* >> is putting a "TM" symbol after every single time the word
> 'replicator'
> *>>* >> appears, that we at least owe them a letter.
> *>>* >> [...]
> *>>* >
> *>>* >A search of TESS (Trademark search on the PTO website) does not show
> *>>* > any marks registered to MakerBot Industries for "Replicator" Right
> *>>* > now they have the following registered trademarks:
> *>>* >[...]
> *>>* > So, as far as these things go .. They don't yet have the (tm) to go
> *>>* > with their Replicator mark.
> *>>
> >>* The superscript tm (™) symbol is for unregistered trademarks.
> Registered
> *>>* trademarks are designated by an R in a circle (®).
> *>>* cf. http://en.wikipedia.org/wiki/Trademark
> *>>
> >>* ~leif
> *>>* _______________________________________________
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> >
> >
> >
> >* --
> *>* *Elijah Louis Spenser Post
> *>* Mechanic (San Francisco Bike Kitchen)*
> *>* *Participant (NoiseRep at Noisebridge)*
> *>
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