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[Bob Pickle]

I had a nice visit with an attorney today, and while driving around afterwards I heard an interesting news story. Seems that instant Polaroid pictures aren't as instant as a digital camera, so Polaroid is stopping making Polaroid film.

Some die-hard Polaroid fans aren't happy about that, so they've launched:

SavePolaroid.com

So what is going to happen?

• Will Polaroid's president and board sue the makers of the website over trademark infringement?
• If they do, will they later back down if they find out that they don't have a case?
• If they either don't sue, or they sue and later back down, could they give some advice to Danny Shelton and 3ABN on such matters?

[Artiste]

I had a nice visit with an attorney today, and while driving around afterwards I heard an interesting news story. Seems that instant Polaroid pictures aren't as instant as a digital camera, so Polaroid is stopping making Polaroid film.

Some die-hard Polaroid fans aren't happy about that, so they've launched:

SavePolaroid.com

So what is going to happen?

• Will Polaroid's president and board sue the makers of the website over trademark infringement?
• If they do, will they later back down if they find out that they don't have a case?
• If they either don't sue, or they sue and later back down, could they give some advice to Danny Shelton and 3ABN on such matters?

Very interesting, Bob!

Did they copy you?

[Bob Pickle]

Are you suggesting we could have a Trademark claim since they used the word "Save" in their domain name?

[Artiste]

Are you suggesting we could have a Trademark claim since they used the word "Save" in their domain name?

   Why not?

[Johann]

   Why not?

Are we fighting against a scam?

[Gailon Arthur Joy]

Are you suggesting we could have a Trademark claim since they used the word "Save" in their domain name?

Would this come under "common law trademark" claims???

GAJ

[inga]

To be fair, the SavePolaroid.com site is very supportive of Polaroid and thus in a different class from save-3abn.org which falls more into a whistle-blower category.

Sorry folks, but I am becoming increasingly uncomfortable with humor at the expense of 3ABN.

Many years ago (as a teenager, actually) I vowed to give up on sarcasm. It was very difficult, because I was practiced and "good at it," and it is an effective weapon to create discomfort in an opponent. A friend had pointed out to me how it hurt, even though I thought I was being playful.

How much more careful we should be, when we deal with issues of right and wrong in a public forum.

We should probably ask ourselves what kind of God we portray by our manner of posting (a type of witnessing) on this forum?

P.S. I am not holding myself up as an example on this forum. I'm not certain that all my posts are all they ought to be, so I'm writing to myself as well.

[Bob Pickle]

To be fair, the SavePolaroid.com site is very supportive of Polaroid and thus in a different class from save-3abn.org which falls more into a whistle-blower category.

Actually, the Taubman case was over a site which was originally promoting Taubman in a positive way. So it is not unheard of for some trademark holders to file suit against sites that aren't even griping:

Mishkoff is a resident of Carrollton, Texas. and a web designer by trade. Upon hearing the news that Taubman, a Delaware corporation with its principal place of business in Michigan, was building a shopping mall called “The Shops at Willow Bend,” in Plano, Texas, Mishkoff registered the domain name, “shopsatwillowbend.com,” and created an internet website with that address. Mishkoff had no connection to the mall except for the fact that it was being built near his home.

Mishkoff’s website featured information about the mall, with a map and links to individual websites of the tenant stores. The site also contained a prominent disclaimer, indicating that Mishkoff’s site was unofficial, and a link to Taubman’s official site for the mall, found at the addresses “theshopsatwillowbend.com,” and “shopwillowbend.com.”

Mishkoff describes his site as a “fan site,” with no commercial purpose.

See http://www.save-3abn.com/media/taubman-co-v-webfeats-et-al.pdf.

[Gailon Arthur Joy]

To be fair, the SavePolaroid.com site is very supportive of Polaroid and thus in a different class from save-3abn.org which falls more into a whistle-blower category.

Sorry folks, but I am becoming increasingly uncomfortable with humor at the expense of 3ABN.

Many years ago (as a teenager, actually) I vowed to give up on sarcasm. It was very difficult, because I was practiced and "good at it," and it is an effective weapon to create discomfort in an opponent. A friend had pointed out to me how it hurt, even though I thought I was being playful.

How much more careful we should be, when we deal with issues of right and wrong in a public forum.

We should probably ask ourselves what kind of God we portray by our manner of posting (a type of witnessing) on this forum?

P.S. I am not holding myself up as an example on this forum. I'm not certain that all my posts are all they ought to be, so I'm writing to myself as well.

THe sad reality is that the whistle blowers were already fired and face the  unenviable option of having to consider filing suite as the complaint with the EEOC seems to be coming to a very close end.

This site is much more akin to a "gripe site" and is clearly protected by federal law as well as court precedence, at least in the United States.

Of course, the biggest problem is that the Plaintiffs must show that it fails to state the truth and is calculated to defame and libel, and then they must demonstrate they have been damaged. Not an enviable position given the preponderance of the evidence. 

But then, who am I? Just the town crier, and to top it off I just happen to be pro se!!! And you know what they say about those pro se litigants?

Gailon Arthur Joy

[inga]

This site is much more akin to a "gripe site" and is clearly protected by federal law as well as court precedence, at least in the United States.

You're right, of course, Gailon. In this case I was the one who overstated.  Mea culpa.

Otoh, it seems to me that some of the material you have on your site is from some who might be considered "whistle blowers."

Of course, the biggest problem is that the Plaintiffs must show that it fails to state the truth and is calculated to defame and libel, and then they must demonstrate they have been damaged. Not an enviable position given the preponderance of the evidence. 

But then, who am I? Just the town crier, and to top it off I just happen to be pro se!!!

[Gailon Arthur Joy]

This site is much more akin to a "gripe site" and is clearly protected by federal law as well as court precedence, at least in the United States.

You're right, of course, Gailon. In this case I was the one who overstated.  Mea culpa.

Otoh, it seems to me that some of the material you have on your site is from some who might be considered "whistle blowers."

Of course, the biggest problem is that the Plaintiffs must show that it fails to state the truth and is calculated to defame and libel, and then they must demonstrate they have been damaged. Not an enviable position given the preponderance of the evidence. 

But then, who am I? Just the town crier, and to top it off I just happen to be pro se!!!

You are correct that much information has been derived from whistle blowers and some have whistle blower claims, but ironically sit on the sidelines as spectators and will do so until there is money to recover. I would assume they will come out of the stands and claim their prize in time, once it is clear the battle is largely won and they have nothing more to lose. It is human nature for those who have already been burned and paid a price.

We need to make sure this never happens again and that the face of Adventism will use Christain ethics and due processto resolve and investigate claims made by christians!!!

Gailon Arthur Joy

[inga]

Thanks for your reply, Gailon. I appreciate it, particularly this:

I would assume they will come out of the stands and claim their prize in time, once it is clear the battle is largely won and they have nothing more to lose. It is human nature for those who have already been burned and paid a price.

We need to make sure this never happens again and that the face of Adventism will use Christain ethics and due processto resolve and investigate claims made by christians!!!

I appreciate your not blaming the victims remaining in the stands now, but ascribing their behavior to "human nature."

Only a few are constituted to fighters for a cause. These can make a huge difference if they stay with God's methods and avoid the enemy's tactics on principle.

May you have the wisdom to discern the difference between God's methods and those of His enemy.