RE: CastleCops Under Attack From... A Trademark Troll

[Gadi Evron <ge () linuxbox org>]

On Tue, 27 Jun 2006, Alex Eckelberry wrote:
> You may not be a laywer, Neal, but you've hit the nail on the head.
> This ass just survives by harrassment.  If you look at some of the
> articles, people pay him just to go away.  Truly a repulsive individual.

As a community, we are organizing the best we can to help Paul, and Paul's
decision to fight was done after consideration.

I am sick and tired of these things being done to people, security
researchers, etc.
> Alex
>  
>
> -----Original Message-----
> From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org]
> On Behalf Of Dr. Neal Krawetz
> Sent: Tuesday, June 27, 2006 1:33 PM
> To: fergdawg () netzero net
> Cc: funsec () linuxbox org
> Subject: Re: [funsec] CastleCops Under Attack From... A Trademark Troll
>
> On Tue Jun 27 10:26:03 2006, Fergie wrote:
> > Just to give this the exposure it deserves, Alex Eckelberry has put up
>
> > a nice little summary of this ridiculousness:
> http://sunbeltblog.blogspot.com/2006/06/castlecops-under-attack-from-tra
> demark.
> > html
> >
> > I put a snippet and pointer to Alex's article on my blog, as well, so 
> > that people can learn about these patenet and trademark "trolls"
> > and the danger they pose to the folks over at CastleCops and the fine 
> > work they are doing.
> >
> > Support CastleCops! :-)
> >
> > - ferg
>
> Heh...
> And he claims to have also trademarked:
>   Torrent: as in "Bit Torrent"
>   Trump: as in Trump Plaza and Trump Tower (wonder how Donald feels)
>   Airframe: Like the book by Michael Crichton (published in 1997)
>
> In any case, Leo Stoller has an open directory of images:
>   http://www.rentamark.com/images/
>
> What I find even more interesting...
> The images on the server are all dated 11-Sep-2003.
> Yet, according to the Internet Archive Wayback Machine:
>   http://web.archive.org/web/*/http://www.rentamark.com/
>  
> http://web.archive.org/web/20031203155311/rentamark.com/Famous_Marks/fam
> ous_marks.html
> Many of these "trademarks" were not present in 2003.
> Some, like Trump, did not appear until at least mid-2005.
> Looks to me like someone is playing with timestamps in order to appear
> to have an older claim.
>
> And remember: If you don't use a trademark then it expires immediately.
> Only copyrights and patents live on for a duration after the last use.
> (US law -- but I'm not a lawyer)  Can Leo show that:
>   (1) He is actively using the trademark word "Castle"
>   (2) His public usage pre-dates CastleCops
>   (3) The use of "CastleCops" will cause public confusion?
> Sounds to me like he doesn't have a case.
> CastleCops should counter-sue for trademark infringement or interference
> with their business.  (Then again, this is not legal advice -- I'm not a
> lawyer.)
>
>                                       -Neal
> --
> Neal Krawetz, Ph.D.
> Hacker Factor Solutions
> http://www.hackerfactor.com/
> Author of "Introduction to Network Security" (Charles River Media, 2006)
> http://www.charlesriver.com/Books/BookDetail.aspx?productID=126130
>
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