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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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<blockquote data-quote="lonewolfdevel" data-source="post: 5078249" data-attributes="member: 87800"><p>I'll try to explain. There were two issues cited in the letter. Issue #1 was with references like "Jim's Army Builder". Issue #2 was with the use of the mark in a generic manner. The solution to #1 was to edit/remove the specific posts referencing "Jim's Army Builder". The solution to #2 was to educate the user community and we asked Privateer to indicate whether this was something they wanted to be involved in.</p><p></p><p>With regards to #2, we could have readily posted about the issue on their forums and seen to the matter ourselves. However, most site owners prefer to have control over such matters, so we presented the option for Privateer to do this if they preferred. This was intended as a courtesy - certainly not a requirement. The letter asks for Privateer to tell us whether they wanted to do so.</p><p></p><p>As for all of the posts that misused our trademark, well, we can't change history. It occurred. So no changes to the individual posts were required. However, a new post could be readily appended to each of those threads that flagged the problem to future posters in that thread and linked to a central post that provided a full explanation. All that was assumed to be our responsibility as the trademark holder, unless Privateer preferred otherwise.</p><p></p><p></p><p></p><p>That's a valid question. According to our IP attorney, striving for that could potential lead to genericization of the trademark. So the goal is a balance of trying to establish the brand prominently while also not becoming a generic term.</p><p></p><p></p><p></p><p>According to our IP attorney, it's a problem. I completely see your point, but I also have to believe that our IP attorney sees something that I'm missing. So we take action on these things.</p><p></p><p>Thanks for taking the time to outline all your thoughts on this.</p></blockquote><p></p>
[QUOTE="lonewolfdevel, post: 5078249, member: 87800"] I'll try to explain. There were two issues cited in the letter. Issue #1 was with references like "Jim's Army Builder". Issue #2 was with the use of the mark in a generic manner. The solution to #1 was to edit/remove the specific posts referencing "Jim's Army Builder". The solution to #2 was to educate the user community and we asked Privateer to indicate whether this was something they wanted to be involved in. With regards to #2, we could have readily posted about the issue on their forums and seen to the matter ourselves. However, most site owners prefer to have control over such matters, so we presented the option for Privateer to do this if they preferred. This was intended as a courtesy - certainly not a requirement. The letter asks for Privateer to tell us whether they wanted to do so. As for all of the posts that misused our trademark, well, we can't change history. It occurred. So no changes to the individual posts were required. However, a new post could be readily appended to each of those threads that flagged the problem to future posters in that thread and linked to a central post that provided a full explanation. All that was assumed to be our responsibility as the trademark holder, unless Privateer preferred otherwise. That's a valid question. According to our IP attorney, striving for that could potential lead to genericization of the trademark. So the goal is a balance of trying to establish the brand prominently while also not becoming a generic term. According to our IP attorney, it's a problem. I completely see your point, but I also have to believe that our IP attorney sees something that I'm missing. So we take action on these things. Thanks for taking the time to outline all your thoughts on this. [/QUOTE]
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Lone Wolf sends Cease & Desist letters to anyone using the term 'Army Builder'
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