FC: Part 1/2: "Black Blocs for Dummies" website gets lawyer nastygram

[Declan McCullagh <declan () well com>]

Chuck0 is a colorful member of the DC anarchist community:
http://www.politechbot.com/cgi-bin/politech.cgi?name=chuck0

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Date: Mon, 05 Nov 2001 22:40:01 -0500
From: Chuck Munson <chuck () tao ca>
Subject: Infoshop.org contacted over trademark infringement
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>From the "Legal Departments with Too Much Time on Their Hands"
Department

November 5, 2001

Black Blocs for Dummies
Infoshop.org Served Cease and Desist E-mail Over Trademark Infringment

I've just received an interesting e-mail from the legal department of
Hungry Minds, Inc., publishers of the "For Dummies" series of how to
books. They seem to have taken umbrage over a page that exists on
Infoshop.org titled "Black Blocs for Dummies." The page in question
provides information on the "black bloc" tactic that has been used by
anarchists and anti-authoritarians at numerous protests in recent years.
This is the second cease and desist communication that Infoshop.org has
gotten in its nearly 7 years of existence.

As a website committed to the destruction of the idea of "intellectual
property," Infoshop.org will be exploring its options in coming weeks.

See the page in question:
http://www.infoshop.org/blackbloc.html

Chuck0
Infoshop.org

--------------------------
---------- Forwarded message ----------
Date: Mon, 5 Nov 2001 15:13:57 -0500
From: Heather DeOrto <HDeOrto () hungryminds com>
To: "'chuck0 () infoshop org'" <chuck0 () infoshop org>
Cc: Heather DeOrto <HDeOrto () hungryminds com>,
     Trademark Infringements <TInfringements () hungryminds com>
Subject: Trademark Infringement  BLACK BLOCS FOR DUMMIES




VIA E-MAIL
CONFIRMATION  VIA  CERTIFIED  MAIL

November 5, 2001

Mr. Chuck Munson
Mid-Atlantic Infoshop
PO Box 179
College Park , MD 20741-0179

Re:     Trademark Infringement  BLACK BLOCS FOR DUMMIES
http://www.infoshop.org/blackbloc.html

Dear Mr. Munson:

I am the Trademark Administrator of Hungry Minds, Inc.

As you may know, Hungry Minds, Inc., formerly IDG Books Worldwide Inc.,
has
over 100 trademark registrations and applications in the United States,
Canada and other jurisdictions for the trademark "FOR DUMMIES," many
"DUMMIES" formatives and the FOR DUMMIES trade dress.  These rights
cover a
wide variety of goods and services, topics and subject matters. As such,
Hungry Minds, and its authorized representatives, have the exclusive
right
under law to use these marks to distinguish its goods and services from
third parties.

Protection of that right requires that Hungry Minds take all reasonable
steps to prevent others from using its marks (or confusingly similar
marks)
without authorization.  United States trademark law prohibits anyone
other
than Hungry Minds from using its marks, or any marks that are
confusingly
similar, in connection with goods or services when such use is likely to
cause confusion as to the source, sponsorship or affiliation of the
goods or
services. In addition, the law prohibits the use of a famous mark in
such a
way as to "dilute" its distinctiveness as an exclusive designator of the
owner's goods and services.   When such dilution occurs, the mark can
become
a "generic" term used in connections with goods or services from many
different sources, and the owner may therefore lose its exclusive right
to
use it.

Hungry Minds recently became aware of your website  "Black Blocs for
Dummies" at http://www.infoshop.org/blackbloc.html which utilizes the
"For
Dummies" phrase which is confusingly similar to the well-known "...For
Dummies®" trademarks owned by Hungry Minds, Inc.

The title of your article at the above-referenced site could easily be
confused and associated with Hungry Mind's "...For Dummies®" trademark
and
erodes the distinctiveness and the goodwill associated with it.
Accordingly, the continued use of "Black Blocs For Dummies" on the
website
constitutes infringement and dilution of Hungry Mind's trademark rights
under the federal Lanham Act and other federal and state laws that
prohibit
infringement, dilution, and unfair competition.  Based on that, at this
juncture, I ask only that you remove the trademarked material from the
title
of your article on or before November 19, 2001 and reply indicating your
agreement to refrain from using all such trademarked material in the
future.

Please feel free to contact me if you have any questions.

                                Sincerely,



                                Heather DeOrto
                                Trademark Administrator
                                Hungry Minds, Inc.




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