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Using Your Own Name May Be Infringement, Part 2

phillymjs writes "We're probably all familiar with Uzi Nissan and his fight to keep his nissan.com domain name from the clutches of Nissan Motors. Well, more same-name idiocy came to light today-- the Atlanta Journal-Constitution is reporting that their staff music writer, Bill Wyman, has received a cease-and-desist letter from lawyers representing former Rolling Stone Bill Wyman, for "a seriously misleading and, arguably, an intentional, unauthorized exploitation of our client's name, goodwill and publicity value." It should be interesting to see how this one plays out, because Bill Wyman the musician was born William George Perks and changed his name to Bill Wyman in 1964. Journalist Bill Wyman was given that name at his birth in 1961."

282 of 665 comments (clear)

  1. What do you call a bleeding lawyer in a shark tank by BobRooney · · Score: 5, Funny

    ...a good start...

    Why must we be so sue-happy that respectful citizens cant even enjoy their own names without some over-paid copyright lawyer hearing the crinkling of his clients not-so-hard earned money.

  2. And the winner is.. by xchino · · Score: 5, Funny

    It's obvious Bill Wyman is going to win this case.

    --
    Everyone is entitled to their own opinion. It's just that yours is stupid.
  3. whew... by digidave · · Score: 5, Funny

    I lucked out. Imagine my last name was McDonald? I wouldn't be able to refer to anything in the possessive!

    --
    The global economy is a great thing until you feel it locally.
    1. Re:whew... by gowen · · Score: 2

      Worse than that, I was recently beaten up by fans of an eclectic, lo-fi folk-rock musician when I was seen drinking Beck's lager.

      And I still shudder of the day when I touched Prince's salmon

      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:whew... by Yet+Another+Smith · · Score: 2

      I've more or less given up on ever using my name. I'm one of the better modern sculptors of the 1950s/60s, the originator of the Melissa Virus, the husband of the chick who drove her kids into the lake in SC, mission director for some one of NASA's probe missions (I forget which one, although I know it was not to Uranus, to pre-empt the jokes), and my boss's boss when I worked summers at the DuPont plant in college.

      Interestingly, McDonald's had to get special dispensation from the government of Quebec to be allowed to have their name in the possessive for their restaurants in that Province. It's illegal there for us plebs.

      --
      if ($it != $onething) {$it = $another;}
  4. A C&D is just a LETTER by sulli · · Score: 5, Insightful

    though many people seem to ignore this simple fact. This guy did the right thing, which was to tell the wannabe-Wyman to shove it up his ass.

    --

    sulli
    RTFJ.
    1. Re:A C&D is just a LETTER by ChaosDiscord · · Score: 5, Informative

      A Cease and Desist may just be a letter, but so is a "Your rent / mortgage payment / credit card bill is late" statement.

      In practice the average American citizen has been increasely pushed away from dealing with the legal system. It's been made perfectly clear to him that he isn't smart enough to deal with it, that he needs an expensive lawyer to deal with it in any way, and that even if he is right that he can be crushed by legal fees. Your average citizen is scared of the legal system, and that's a problem. Lawyers use this fact to bully average people with Cease and Desist letters. "I can't afford a lawyer to fight this, so I'll have to do what it says, even though they are wrong."

      Maybe these scum-sucking lawyers are but a small fraction of the total lawyer population. Perhaps 99% of all lawyers on ethical beings dedicated to the spirit of the law. But that remaining small fraction is doing a lot of harm to the United States.

    2. Re:A C&D is just a LETTER by Anarchofascist · · Score: 2

      ...even if he is right that he can be crushed by legal fees. Your average citizen is scared of the legal system...

      Beautifully put, I couldn't mod you up, so I'll settle for buying you a pint if you're ever in Dublin.

      Who *wants* to fix it? The majority of Americans, Europeans, and Australians you say? But I thought all us rich western coutries were a democracies, where the majority rules? Perhaps I'm mistaken?

      --
      Once more unto the breach, dear friends, once more, Or close the wall up with our American dead!
    3. Re:A C&D is just a LETTER by Snork+Asaurus · · Score: 4, Insightful

      This isn't even about cyber-squatting. It's about the journalist using his (own, by birth) name publicly and in connection with works that he authors. The ex Strolling Bones member changed his name to Bill Wyman two years after the journalist was born.

      --
      Sigs are bad for your health.
    4. Re:A C&D is just a LETTER by M@T · · Score: 2
      Right. The Rolling Stone Bill has no case, the writer is not a cyber-squatter, any reasonable judge would throw it out.

      ...and there's the rub ;-)

      --
      'sapientia potestas est'
  5. Countersue! by pla · · Score: 5, Interesting

    Considering the name change and the dates involved, this one just *BEGS* for the "real" owner of the name to countersue and demand the other change his name back (or to something else).

    Damn, though, *this* one takes balls. I have to admit, paranoid as I can seem, I didn't see it getting to the point where using one's one name in normal daily activities would count as infringment.

    Ah well, too bad I don't read Rolling Stone, I can't cancel my subscription in protest. ;-)

    1. Re:Countersue! by Titusdot+Groan · · Score: 2

      I guess he should have put TWO smilies in there

    2. Re:Countersue! by operagost · · Score: 2

      I was just thinking of the amazing coincidence if the writer Bill Wyman wrote articles for Rolling Stone magazine ...

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
  6. this is terrible news... by mr_gerbik · · Score: 2

    Oh this is just terrible news.. you see, I recently had my name legally changed to "Ford Sucks" so that I could sue Ford for squatting on fordsucks.com.

    http://www.netsol.com/cgi-bin/whois/whois?STRING=f ordsucks.com&SearchType=do

    -gerbik

  7. Suit is going the wrong way by kelzer · · Score: 4, Funny

    Bill Wyman the writer should sue Bill Wyman the Stone for infringing on his name for the past 38 years, and should seek damages of about $50 million, claiming that William George Perks made a ton of money off of the Bill Wyman name that he stole.

    --

    ---------------------------------------------
    SERENITY NOW!!!!!!!!!!!!!!!!
    1. Re:Suit is going the wrong way by SirSlud · · Score: 2

      LOL, its 100% true tho. Actors and musicians routinely change their names .. and it really does affect their viability in the mainstream entertainment market (not a ton, but a name can help or hinder.)

      Not that I support the real Bill sueing the fake Bill .. too bad there arnt more instances of mutually assured bankrupcy so we could have a cold war of litigation.

      --
      "Old man yells at systemd"
    2. Re:Suit is going the wrong way by GreyPoopon · · Score: 2, Interesting
      Bill Wyman the writer should sue Bill Wyman the Stone for infringing on his name for the past 38 years

      Maybe that's exactly what he should do. And then when they "settle," Bill the writer can make sure that his legal fees are part of the settlement.

      --

      GreyPoopon
      --
      Why is it I can write insightful comments but can't come up with a clever signature?

    3. Re:Suit is going the wrong way by gorilla · · Score: 2

      It's more than just the visability. Both the Screen Actors Guild (North America) and Equity (UK) require that names of performers are unique. That's one reason why many younger actors are known by 3 names, eg Sarah Jessica Parker, Sarah Michelle Gellar, Robert Duncan McNeill etc. The system isn't perfect, you will find duplicates occasionally, but it certainly has the vast majority of performers with unique names.

    4. Re:Suit is going the wrong way by PaxTech · · Score: 5, Funny
      Both the Screen Actors Guild (North America) [sag.org] and Equity (UK) [equity.org.uk] require that names of performers are unique.

      Sounds like their database administrator shouldn't have used performer_name as the primary key.

      --
      All movements for social change begin as missions, evolve into businesses, and end up as rackets.
    5. Re:Suit is going the wrong way by gorilla · · Score: 2

      One of them is 'offically' known as Vanessa L. Williams. She's the one who was Miss America.

    6. Re:Suit is going the wrong way by gorilla · · Score: 2

      Yes, I think that was implied that it was only among the two respective union's memberships.

    7. Re:Suit is going the wrong way by will_die · · Score: 2

      Also race horses names have this same requirement.

    8. Re:Suit is going the wrong way by mpe · · Score: 2

      Both the Screen Actors Guild (North America) [sag.org] and Equity (UK) [equity.org.uk] require that names of performers are unique. That's one reason why many younger actors are known by 3 names, eg Sarah Jessica Parker, Sarah Michelle Gellar, Robert Duncan McNeill etc.

      Or made up initials, e.g. Michael J Fox. But you also have oddities like Jeri Ryan originally using Jeri Lee Ryan.

  8. Re:That's nothing.. by Jucius+Maximus · · Score: 2, Interesting
    ".. I was born "Adolf Hitler" and had to change my name in my teens."

    I read about a truck driver in Germany named "Adolph Hittler" who actually lost his job because of his name.

    Btw, here is a direct linke to the article: http://www.accessatlanta.com/ajc/living/1102/14wym an.html which is in the original post, but it is sort of obfustucated.

  9. I heard... by ambisinistral · · Score: 5, Funny

    Keith Richard sends out Cease and Desist notices to cadavars because folks confuse them for him.

    --

    deserve's got nothing to do with it...

    1. Re:I heard... by comic-not · · Score: 5, Funny

      Wouldn't those be called "Cease & Decease" letters?

      --
      Existence usually comes as a surprise (Idem)
    2. Re:I heard... by NeuroManson · · Score: 2

      "Wouldn't those be called "Cease & Decease" letters?"

      Sure, but they kept getting lost in the post office's "dead letter" department...

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
  10. Re:What do you call a bleeding lawyer in a shark t by netwiz · · Score: 5, Insightful

    Because the average human is a loathsome, greedy, insensitive fool. As a result of this story, along with hundreds of others reported over the past decade or so (about how long I've really been following things), I am now convinced that our species will not survive past the next century.

  11. Solving the general case by lightspawn · · Score: 2
    Obviously we need some kind of formula that takes into account:

    • Who registered the domain and when
    • How rich/famous the two parties are
    • What was their purpose in registering the name
    • Who did what with the name: trademarks, patents, revenue

    Personally, I'd like to see this problem go away. I propose unique URLs based on DNA code, but clones might object.
    1. Re:Solving the general case by SPYvSPY · · Score: 2

      Yes. That is all handled by the notion of misappropriations under intellectual property law. Different regimes have different criteria for the test, but the solution to the general follows (roughly) your outline.

  12. Re:What do you call a bleeding lawyer in a shark t by jenns · · Score: 2, Interesting

    I work in a law firm, and I knew to be afraid when I was helping an attorney scan in some pictures of a nuclear plant specifically to scare a jury... But seriously, a Park Avenue firm costs a pretty penny per hour. If you were famous, would you waste your money on suing someone who (a) had that name before you, and (b) actually returned any checks he accidentally received? Talk about abusing someone...

    --
    Whatever women do they must do twice as well as men to be thought half as good. Luckily this is not difficult. -Whitton
  13. stupid linking habits gripe by kisrael · · Score: 3, Offtopic

    the Atlanta Journal-Constitution is reporting that

    Jeez. Here, "Atlanta-Journal-Constitution is" links to the (relatively useless) frontpage of the newspaper site, while "reporting" is the single word that links to the article. There's not even any space between the links!

    Hello people! We know how to backtrack URLs to get to the main site....assuming it's not an obvious domain from the journal name, and even then it's highly likely that the actual article page will have a nice fat old link to the main site. Jeez.

    --
    SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
    1. Re:stupid linking habits gripe by Rich0 · · Score: 2

      We know how to backtrack URLs to get to the main site....

      Haven't you heard? That's illegal!

    2. Re:stupid linking habits gripe by kisrael · · Score: 2

      the post has been edited, actually. "is" used to be inside the closing a tag for the link to the frontpage of the paper.

      --
      SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
    3. Re:stupid linking habits gripe by ReadParse · · Score: 2

      Uh, maybe the story changed since you saw it, but this is a very common way for Slashdot stories to link. They link to the (yes, usually useless) publication or organization home page, and link to the story with a link like "story" or "reporting" or "article" or something. I found it a little confusing at first, but I'm used to it now. A good reason to do this is that the hostnames aren't always the same for the main organization or publication and the specific article in question. For example, you could say that AOL has announced something about Netscape... AOL would link to their site and the Netscape story would be on netscape.com -- sorry, quick examples are hard to come up with sometimes.

      Anyway, it's good practice to give credit to the responsible party in addition to just linking to the story. In many cases, one link would suffice, but this is kind of the Slashdot standard way of doing it.

    4. Re:stupid linking habits gripe by kisrael · · Score: 2

      Crap, looks like my previous attempt to reply to this didn't get through, maybe I previewed without submitting.

      Anyway, I know that's a "standard" and I'm arguing against it. Sure it only takes a split second more to read and parse, but multipy that by a bajillion slashdot readers and you're talking some serious geek hours in total. Just from a UI perspective, its bad. On my own blog, in the few cases where I need to provide the "homepage" URL, I might write it without linking, as in

      slashdot.com had an interesting article the other day

      (Obviously when I link on my blog, it doesn't follow with server URL) Seriously. No one is impressed with the ability to create extra links, and usually no one needs the additional information. It just makes it a lot harder to get to the meat of a good story.

      And who are all these damn busybodies who don't have anything better to do than mod (-1; Offtopic) ? Is there a forum I'm missing for metaconversation? Enjoy your mod points, you heroic bozos.

      --
      SO YOU'RE GOING TO DIE: The Comic for Dealing with Death
  14. Nissan Computers is older than Nissan Motors by JohnDenver · · Score: 5, Informative

    ...but Mr. Nissan has been running Nissan Computers from before Datsun Motors changed its name to Nissan Motors.

    --
    "Communism is like having one [local] phone company " - Lenny Bruce
    1. Re:Nissan Computers is older than Nissan Motors by Valdrax · · Score: 2

      Close, but not quite. Datsun was used inside Japan too for a long time. It was an established brand name a couple of years before the merger that would finally name the company Nissan in 1934. Datsun was named as the "son of DAT," and DAT came from the initials for three of donors of startup money to Kwaishinsha Jidosha Kojo's founder.

      The company has always been Nissan, the cars were called Datsun up until 1982.

      --
      If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  15. Let's root for the journalist by cweber · · Score: 3, Interesting

    I respect Bill Wyman, the former Rolling Stone a lot (hey I am a bass player, too...) but I do hope that the journalist Bill Wyman wins this one. He had the name first, didn't change it ever and registered the domain name first. And, being a journalist, he does not infringe on any trademark Bill Wyman, the former Stone may own, because there is precious little overlap between their respective trades, however much they may depend on each other.

    Bass player Bill Wyman can always register billwyman.com if he hasn't done so already.

    1. Re:Let's root for the journalist by ceejayoz · · Score: 2

      RTFA - he didn't even register a domain name. He's being sued merely for using his own name in his articles in the newspaper - no domain name is involved.

    2. Re:Let's root for the journalist by GungaDan · · Score: 2

      The simple fact that 99% of people would not know who the fuck either Bill Wyman is without the addition of "the former Rolling Stones bassist" or "the music writer" seems to me to make the question of infringement moot.

      --
      Eloi are stupid, throw morlocks at them!
  16. RTFA by MasteroftheVoxel · · Score: 5, Informative

    Please, RTFA before you post...

    This has NOTHING to do with cyberspace. Bill Wyman was simply WRITING ARTICLES using his own name. He didn't try to register the name on the internet -- at least not according to the article.
    I admit that the slashdot preview doesn't make this clear, but thats why you should RTFA.

  17. When will the madness end? by Blimey85 · · Score: 5, Insightful
    If your legal name from birth conflicts with a companies name, I think it should be left to "first come, first served" reasoning. I don't think that either has more right to the domain name than the other. Whoever got it first should be able to keep it, unless the sole purpose that the person who has it has it, is to exploit the name. By that I mean if your name is Nissan and you get the domain name, and then you decide to start selling cars, or car accessories to profit off of the name that is usually associated with another company, that should not be allowed. If on the other hand your name is Nissan and you have a site that shows pictures of your wife, kids, and your dog, then that should be perfectly legal. You have as much right to the domain name as anyone else because:

    a) it's your legal (from birth) name
    b) your not trying to profit off of the name
    c) you registered the name first

    I think it's Nissan's (the company) fault for not registering the name first. Now they are left out in the cold. Too bad, so sad. Better luck next time.

    --
    How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    1. Re:When will the madness end? by SirSlud · · Score: 2

      ironic that parents often choose names that refer to cultural associations in the past.

      as culture becomes _completetly_ corperate, completely defended by lawyers, we will be unable to be free in selecting a name for our offspring.

      i mean, this is like saying the way to garauntee protection for everybody is to build 20 yard high metal walls around all of our houses. yeah, we'd all be well protected, but we'd completetly obliterate any notion of living a normal life.

      parents want to name children after heros, role models, etc. well, as the heros and role models get better and better lawyers, you can kiss that 'priviledge' (snort) goodbye.

      --
      "Old man yells at systemd"
    2. Re:When will the madness end? by Peyna · · Score: 4, Interesting

      In Germany at least, you aren't free to select a name for your offspring. Offensives names are forbidden (Like Hitler, and a more recent case of a Turkish couple living in Germany that wanted to name their child Osama Bin Laden).

      --
      What?
    3. Re:When will the madness end? by _ph1ux_ · · Score: 2

      Should it be first come first serve based on who registered the domain name first - or who has the older birthcertificate/business incorporation documentation.

      Its tough to say. For example - if Bill Wyman was born in '61 and the otehr Bill Wyman changed his name in '64 - but the first Bill Wyman was just some loser from a trailer park in Wisconsin - and had waited for the other Bill Wyman to become famous before he tried to get the domain name, then obviously I could not choose in favour of the domain name registered by Bill Wyman. Its inconceivable!

    4. Re:When will the madness end? by hrieke · · Score: 2

      How about First Come, First Served, Personal Rights over Corporate Rights?

      --
      III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIIIV IIVIIIIIIVIII...
    5. Re:When will the madness end? by SirSlud · · Score: 2

      well, its a little more understandable that politically sensitive names should be derided by the public at large (and enforced through law if thats what the voters support.)

      in corperate/personal cases, one tiny minority has a problem with you using a particular name. seems to me much harder to defend companies seeking to prevent people from giving them homage (or just wanting to use the same name because its a nice name.)

      --
      "Old man yells at systemd"
    6. Re:When will the madness end? by Peyna · · Score: 2
      (and enforced through law if thats what the voters support.)

      Just because the majority thinks it is right and should be law doesn't mean that it is right and should be law. Majority rule does not mean that the majority is right and should necessarily enact laws that more than 50% of people agree with.

      --
      What?
    7. Re:When will the madness end? by Charles+Dodgeson · · Score: 2
      if your name is Nissan and you get the domain name, and then you decide to start selling cars, or car accessories to profit off of the name that is usually associated with another company, that should not be allowed. If on the other hand your name is Nissan and you have a site that shows pictures of your wife, kids, and your dog, then that should be perfectly legal
      I fully agree. As a courtesy, I put in a link and disclaimer about sites that I'm not. Over the past few months though, I've been getting a lot of mail for a name sake who writes for the New Yorker, but have failed to find a way to reach him. I've even put up a note on my contact page saying
      I am not the New Yorker journalist. There is another Jeffrey Goldberg who is a staff writer for the New Yorker. He and I are separate people. His writing is extremely well researched, informed and executed. My political musings are nothing more than musings. I do not wish to exploit or diminish his credibility through a possible confusion due to our common name. Also, I do not have a contact address for him
      But if I were ever to get a C&D letter from any of those I provide such courtesy for, I would, well, not be so helpful.
      --
      Prime numbers are exactly what Alan Greenspan says they are -S. Minsky
    8. Re:When will the madness end? by L-Wave · · Score: 2

      Doesn't the .com imply that its a company? Shouldn't someone with the name Nissan have a .home or .us or something like that?

      --
      I SURVIVED THE GREAT SLASHDOT BLACKOUT OF 2002!
    9. Re:When will the madness end? by deander2 · · Score: 2


      I have a problem with your logic... specifically with b).

      A condition of keeping the domain you registered should not be that you never profit by it. After all, that is exactly what Nissan is trying to do with it. If a company wants to pick a common sir-name for their name (and they benifit greatly when they do), they must accept that other people will use it as well, with or without their knowledge and consent.

      Just my $1/50...

    10. Re:When will the madness end? by Blimey85 · · Score: 2

      In theory yes, in reality no. The .com extension became the standard and is used for a lot of non-commercial sites. The extensions that are more appropriate for some things are relatively new. Keep in mind that we started with only 3 extensions. com, net, and org. If you were just a person wanting to do a site about yourself, which one was appropriate? Most people chose .com if it was avail.

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    11. Re:When will the madness end? by _ph1ux_ · · Score: 2

      Really? I think the issue here is that there is a domain name - and the issue is who has the rights to it? Bill Wyman born as Bill Wyman who maintains a fan site to Bill Wyman the bassist? Or Bill Wyman who changed his name to bill Wyman in 1964 - but is now semi-famous?

    12. Re:When will the madness end? by Zordak · · Score: 4, Insightful
      The Nissan case is over a domain name. And I don't think that it matters a bit who had the name first. If they are both commercial entites and they both are named Nissan, then whoever registered the domain name first gets it.
      My favorite comment from the Nissan lawyer was that he said something like, "We would have no problem with it if he had used nissancomputer.com." As if they have some kind of unique privilege to the name Nissan, despite the fact that they are "Nissan Motor Company". Under their logic, nobody should get the name nissan.com. He should have to use "nissancomputer.com" and they should have to use "nissanmotorcompany.com."
      --

      Today's Sesame Street was brought to you by the number e.
    13. Re:When will the madness end? by Zordak · · Score: 3, Informative

      I would guess that if you are using nissan.com as the homepage for Nissan Computers, a small business run by Uzi Nissan, you have every right to use nissan.com. You did read the article, didn't you?

      --

      Today's Sesame Street was brought to you by the number e.
    14. Re:When will the madness end? by Blimey85 · · Score: 2
      Use the friggin .us.

      .us has been available for how long? I started using the internet quite a while before .us was around and .com was the best option at the time. I agree that there are better options now but for most people it's a hassle to switch over to the new extensions. I for one wouldn't do it unless I had to. Just because the personal domains I have are well known by friends and family and have been up for a couple of years (well, up and down... depending on whether I was coherent when I made changes).

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    15. Re:When will the madness end? by Dun+Malg · · Score: 2

      Then what is a democracy all about? Should only unanimous votes be made into law? That sounds suspiciously like anarchy.

      Democratic decisions aren't automatically right. Pure democracy leads to Tyranny of the Majority. Hitler was democratically elected, as was Saddam Hussein. If such things were decided by voting majority, here in the US all pants would be Levi's. all food would be pizza, and (since >50% of the population is female) we'd all be married to Russel Crowe.
      No, that is why we don't actually decide everything democratically. When was the last time you voted "yes/no" on a national-level law in your country? Uhu huh. Thought so. In most countries in the free world we have representative governments, which theoretically adds some degree of "rationality" to government decision making. It's not flawless, but it keeps us from tossing the rights of man out the window for the latest "but what about the children" inspired scheme. Too many people have been brainwashed into thinking that "democracy" is some sort of golden ideal that makes everything OK. Get some education, people.

      --
      If a job's not worth doing, it's not worth doing right.
    16. Re:When will the madness end? by fireboy1919 · · Score: 2

      I was telling a computer illiterate to go to a website. I told them the name of the website and then had to say:
      "No, there is no www in front of the name. Just type the name like I said."

      "No, there is no .com at the end of the name. Just type the name like I said."

      People have come to associate .com with URLs on the internet - not just commercial ones - ALL URLs (as well as using www in the front for some stupid reason). Of course, it might be possible to change this, but that's the way it is right now.

      --
      Mod me down and I will become more powerful than you can possibly imagine!
    17. Re:When will the madness end? by Blimey85 · · Score: 2
      I stand corrected. I keep thinking (like an idiot) that it was one of the new ones but it's been around since all or most of the country extensions were created.

      My bad.

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    18. Re:When will the madness end? by Ian+Lance+Taylor · · Score: 2

      Hitler was not elected.

      And, although I don't have a convenient link, neither was Hussein. The Baath party took power in a coup, and the elections held since then have been a sham.

    19. Re:When will the madness end? by anonymous+loser · · Score: 2

      What do you suppose was the name of the guy who founded Nissan Motors?

      I think you should be able to use your own name any way you like. If I also happen to enjoy selling cars or whatever, it's just tough shit if there happens to be a company with that name, too. There are already non-compete laws to deal with that, anyway.

    20. Re:When will the madness end? by nurightshu · · Score: 2

      Be honest, you were sending the person to goatse.cx, weren't you? :-)

      --
      They that would sacrifice their .sig space for that cliched Franklin quote deserve neither.
    21. Re:When will the madness end? by glesga_kiss · · Score: 2

      It is a sensible law. Naming a child "Hitler" or "Osama Bin Laden" is basically cruelty to children. There is no way a child could have a normal life with a name like that.

    22. Re:When will the madness end? by mpe · · Score: 2

      In theory yes, in reality no. The .com extension became the standard and is used for a lot of non-commercial sites.

      .com, .org and .net have effectivly been treated as .misc.

      The extensions that are more appropriate for some things are relatively new.

      Most of them are actually fairly old.

      Keep in mind that we started with only 3 extensions. com, net, and org.

      Actually there have been around 200 top level domains for a long time.

      If you were just a person wanting to do a site about yourself, which one was appropriate?

      How about one of the free services or ISP provided webspace?

      Most people chose .com if it was avail.

      If things had been done properly the only way to get a .com would have been to be a commercial entity trading in more than one country.

    23. Re:When will the madness end? by mpe · · Score: 2

      I see your point, but this is not what the .com-hierarchi is intented for. It should be for companies and for commercial use only!

      Part of the problem is that too many people don't understand that a DNS name is like a telephone number or postal address. Both of which are hirarchical. Typically if you want a special non geographic telephone number you have to pay extra for it. Maybe similar conditions should apply to getting a .com domain as apply to getting a +800 telephone number.

      If I want a personal domain with a homepage on, why should I then use .com?

      Even if you were doing something commercial you probably arn't selling it to the whole planet.

      And why do americans tend to think that .com is for them, only?

      Because ARPAnet was originally invented by the DoD, even though it soon had connections outside the US, e.g. to the University of London (England, not Canada).

      Use the friggin .us.

      In many cases .com.state.us or .com.city.state.us would make more sense.

  18. I think, by 3-State+Bit · · Score: 2

    That we should skip this first-name, last-name monkey business and cut straight to the social security numbers.
    Oh wait, we have.

  19. Birth certificate = 'Prior Art'? by Mu*puppy · · Score: 2, Funny

    Wow, that could get messy really quickly...

    --
    There's no wrong way, to eat a Rhesus...
    1. Re:Birth certificate = 'Prior Art'? by Thatmushroom · · Score: 2, Funny

      It'd be a great way to save for retirement. Say I have a son (I know, but pretend I'm not a /. geek) and I name him my name. If he gets rich and successful, I could just sue him for using my name to get all of his wealth. If I time it right, I'll be retiring just when the lawsuit is successful. Surely no judge would rule against me, the prior art is clearly evident.

      God bless the American judicial system.

      --
      You zap the moderators with a wand of humor! The moderators resist!
  20. His parents ruthlessly and with malice ... by burgburgburg · · Score: 5, Funny
    aforethought named him Bill Wyman, recognizing that it would be a vaguely semi-cool bassist sort of a name, though they knew at birth that their son was not genetically predisposed to be musically inclined (other then writing about it), and fully realizing that this would impair and confuse the reputation of a future musician who would be adopt the name as his own years after their son had been born.

    Is that an accurate description?

  21. Name confusion by Frobnicator · · Score: 2
    When in College, there were occasionally letters to the editor that read like this:

    I am John Smith. One of the 7 at the school. The John Smith who wrote the letter to the Editor last week was JS4@.edu. I am JS@.edu and think dislike all the names I have been called for a letter written by another John Smith.

    It's not like names are universally unique identifiers, but people seem to forget. My wife, formerly Sarah Johnson, had the same complaint.

    --
    //TODO: Think of witty sig statement
  22. And identical twins by doublem · · Score: 4, Funny

    unique URLs based on DNA code

    Identical Twins might object.

    And let's be blunt, a 650 meg URL consisting of four characters in endless patterns is not an easy thing to rememeber.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
    1. Re:And identical twins by DEBEDb · · Score: 3, Funny
      And let's be blunt, a 650 meg URL consisting of four characters in endless patterns is not an easy thing to rememeber.


      Nah, you'll just need to keep a piece of that
      person, to glean DNA info from :)

      --

      Considered harmful.
  23. Read the article by RealityProphet · · Score: 5, Insightful

    This article isn't even about cybersquatting! It is about some guy who happens to work for this newspaper and who happens to sometimes write about the Rolling Stones. The musical Wyman wants the columnist wyman to put a discalimer on everything he writes that he is in fact NOT the musical Wyman! How ridiculous!

    1. Re:Read the article by Skjellifetti · · Score: 5, Funny

      The musical Wyman wants the columnist wyman to put a discalimer on everything he writes that he is in fact NOT the musical Wyman!

      Sounds reasonable... Provided, of course, that every time Bill Wyman of the Rolling Stones plays, he should be required to add a disclaimer that he is not Bill Wyman the journalist.

    2. Re:Read the article by beebware · · Score: 2, Interesting

      That might be interesting - especially if he loses. "And now introducing: Bill Wyman. This is not Bill Wyman the journalist, Bill Wyman the plumber or Bill Wyman who runs the Abbey Creak village shop". I wonder how many Bill Wyman's there are and how happy they would be to here that due to a fellow Bill Wyman losing a court case against an "imposter" they would ALL have to put "Not associated with the Rolling Stars Bill Wyman" at the bottom of checks, letters etc etc...

    3. Re:Read the article by Keith+Mickunas · · Score: 3, Insightful

      Is it the musician that wants this done, or his lawyer? I highly suspect Bill Wyman doesn't realize that this is going on. His lawyer probably pursues all sorts of things for him, and bills him for everything he sends out. The real criminal in this is the lawyer for not even thinking about what he was doing other than how many hours he can now bill his client for. Bill Wyman the writer should countersue so that its brought to Bill Wyman the musician's attention, just sending proof to this lawyer won't ever tell Bill Wyman anything. If the writer countersues, then the musician gets involved, one would the he's going to be pretty pissed at his lawyer for costing him those legal fees.

    4. Re:Read the article by Zordak · · Score: 2

      This kind of precedent could make for some ugly disclaimers. Wouldn't it be fun if everybody with the same name had to qualify who they are and are not? I live in San Antonio, and I'd bet there are probably at least 100 Jose Garcia's in this city alone.

      --

      Today's Sesame Street was brought to you by the number e.
  24. It's not a question of prior art.... by SPYvSPY · · Score: 2, Interesting

    ...unlike a patent action, an action relating to misappropriation of goodwill does not depend on the notion of 'prior art'. In this sort of situation, the key question is whether Bill Wyman the author is 'free riding' on Bill Wyman the musician's commercial goodwill in order to further the commercial interests of Bill Wyman the author. It really doesn't matter who had the name first -- All that matters is who made it a commercially valuable name first.

    1. Re:It's not a question of prior art.... by Arandir · · Score: 3

      Wrong! Bill Wyman the author should not have to change his name, give up his domain, or pay any sort of monetary homage to Bill Wyman the bassist.

      Assigning any sort of property rights to a person's *name* is assinine. Even as a trademark.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    2. Re:It's not a question of prior art.... by dh003i · · Score: 2, Troll

      Are you on fucking crack or something?

      Sorry, but fucking intellectual property isn't going to stop me from using my own damn name.

      Some dumb-as-shit fuck-wit who used to be called something else renames himself to a name which happens to be my name, makes a fortune selling worthless crap to mindless zombies, and now I'm supposed to stop using my name or change my name because of said fuck-wit?

      You are completely full of shit, and I'm amazed that the idiots who moderated you could possibly moderate your comment as being insightful, when its hogwash.

    3. Re:It's not a question of prior art.... by Christopher+Bibbs · · Score: 2

      Settle down, he's actually right. If Bill the author released an album, he'd have to make it clear that he wasn't Bill the former Rolling Stone. Now whether or not he has to make it clear that his journalistic pieces aren't made by Bill the former Rolling Stone is another issue altogether and one that's up for debate.

    4. Re:It's not a question of prior art.... by dh003i · · Score: 2

      What bullshit.

      Sorry, but I'm not going to include a disclaimer on everything I write if some jerk-off decides to change his name to mine and gets famous.

      If Rolling Stone Bill has a problem with possible confusion, its HIS responsibility to clear it up, since he's the one who has the problem.

      Sorry, but the right to use your name is as much a birth-right as the right to freedom of speech. Besides, the author Bill was named Bill long before stoned-out Bill decided to change his name to Bill.

      Sorry, but might doesn't make right. Just because two people have the same name (or one person and a company has the same name) doesn't mean that the one which is more successful should trump. If there's confusion, its up to whichever Bill has a problem with that confusion to clear it up.

    5. Re:It's not a question of prior art.... by zbuffered · · Score: 2

      Sorry, but fucking intellectual property isn't going to stop me from using my own damn name.

      Here's what it comes down to: if Writer Wyman wouldn't have gotten the job were it not for his name, then there may, may be a case. If he just happens to have the name and that's it, if he hasn't gotten any special privileges or benefits because of it, then that's it. No case.

      If he really is freeloading off the name by making people think that he is the musician, then he should cease and desist. But it doesn't sound like that is the case.

      zb

      --
      Synergy is your friend
    6. Re:It's not a question of prior art.... by Christopher+Bibbs · · Score: 2

      If Bill the Stone started writing as a journalist and the other Bill were a bit more famous, yes, Bill the journalist would have the right to force Bill the musician to make it clear.

      Basically, you can always use your own name, but if someone else with the same name has a great reputation, the burden can be placed on you to avoid confusion.

  25. Some info about the Nissan domain by kelzer · · Score: 5, Informative

    For those not familiar with the Nissan issue - Uzi Nissan has a real company named Nissan Computers, which he started several years before the Internet "took off", IIRC in 1991. Technically, he even registered his domain before the internet "took off", IIRC in 1994. "Nissan" is, and has been, his family name for many generations (whereas the other Nissan changed it's name from Datsun a couple decades ago).

    --

    ---------------------------------------------
    SERENITY NOW!!!!!!!!!!!!!!!!
    1. Re:Some info about the Nissan domain by Just+Another+Perl+Ha · · Score: 5, Informative
      Actually... AFAIK, Nissan Corporation has always been Nissan. They merely sold their products under the Datsun name in the west... since they feared the Nissan name wouldn't sit too well with Americans that remembered what Nissan built for Emperial Japan during WWII. Once their market researchers told them that the people didn't care anymore... they started using their real name again.

      n.b. I owned a Datsun back in the 70's but, if you opened the hood, everything inside was labelled "Nissan".

  26. Bill = William? by simetra · · Score: 3, Interesting

    Odds are, the writer Bill Wyman's real first name is William. He should just go by William Wyman, or W. Wyman, or Willy Wyman, or something.

    --

    "Would it kill you to put down the toilet seat?" -- Maya Angelou
    1. Re:Bill = William? by Guido69 · · Score: 2, Insightful

      Why? Or perhaps more appropriately...Why, man? (sorry)

      Should someone really be forced to limit the use of their name because it's already taken by a spotlight star? What's next - the need to copyright and enforce IP rights on your name so that no-one else can use it? Give me a break.

      --
      - If we aren't supposed to eat animals, then why are they made out of meat? - Steven Wright
    2. Re:Bill = William? by Geekboy(Wizard) · · Score: 3, Funny

      "Why should I change, he's the one who sucks!"

      -Office Space

  27. silly by tps12 · · Score: 2, Flamebait

    Of course, there are tons of "repeat" names. There are just so many people born each year, and only so many names, so these conflicts will happen. The question is, who gets the rights to a name shared with others? This article writeup seems to be angling for seniority (the Bill Wyman from 1961 should get it rather than the one from 1964). But it makes more sense to give it to the one who is more famis. After all, who knows about the journalist Bill Wymann? Probably just his immediate family and some coworkers. But thousands of people know about Bill Wyman the rock and roll star. If you want to cause inconvenience to the fewest number of people, you should force the lesser star to change his name.

    --

    Karma: Good (despite my invention of the Karma: sig)
    1. Re:silly by Blimey85 · · Score: 2
      If you want to cause inconvenience to the fewest number of people, you should force the lesser star to change his name.

      Who cares how many people are inconvenienced? I don't think that should be part of this equation at all. So I have to do a little bit of research to find the site I'm looking for rather than just typing in the name?? Oh no! The insanity of it all. Come on people. This happens all the time. You type in a name and bam, it something entirely different. Sometimes it's a porn site.. sometimes it's a really good porn site... and you forget what you were trying to go to originally and 5 hours later you look up at the clock and wonder where the day went...

      But seriously, it must come down to whoever got it first, gets to keep it. If your at a party and there is a keg, and there is a long line in front of the keg, when you get up there, the keg may be empty. If the part is at your house, do you get to take someone elses beer from them? No. You weren't the first in line. By the time you got there the keg was empty. Your SOL. It's all about being first.

      --
      How is it that one careless match can start a forest fire, but it takes a whole box to start a campfire?
    2. Re:silly by Arandir · · Score: 5, Insightful

      No one should ever be forced to change their given name. Period. Why can't people like you understand that real people are living real lives, and that they names are not properties to be bought and sold via lawsuits.

      There is absolutely NO inconvenience if both Bill Wymans use their own names. Geez! Next thing you know you'll be arguing that there should be only one John Smith in the world.

      --
      A Government Is a Body of People, Usually Notably Ungoverned
    3. Re:silly by st0rmshad0w · · Score: 2

      What horrible logic.

      Following your argument, McDonald's (of the golden arches fame) should have been able to force Lord McDonald in Scotland (head of his clan by the way)to change the name of his 4 star restuarant, despite the fact that it has existed since the 1700's (maybe longer), but is still less well known.

      Unfortunately most of these cases boil down to a total lack of common sense. I don't see where the bassist Wyman has any case. I myself have a very common name, the same as a rockstar (deceased) and a few other notable persons, and no doubt hundreds of others who aren't well known. Now flip the coin, if one person sharing my name (say the rock star) does something with that name (web domain whathaveyou) could not the rest of those who share the name force that person to C & D? Sounds fairly ridiculous. Don't count someones fame in these arguments, how many people are basically unknown outside their areas of expertice, while within them they could be a household name?

    4. Re:silly by ceejayoz · · Score: 2

      Rolling Stones Wyman's lawyer is trying to stop Journalist Wyman from using his own name in articles he writes for the newspaper.

      This has nothing to do with domain names.

      It'd be like me suing anyone using the name "Chris Johnson" anywhere in print.

  28. Damn the lawyers by the_rev_matt · · Score: 2

    There's no guarantee that Bill Wyman (the Stones bassist) even knows this is happening. It sounds like a lawyer trying to drum up business and bill his client for something (I could be wrong, it's just a hunch).

    Disclaimer: I'm not defending the bassist because I'm a fan of the Stones or him personally, I personally don't like their music at all.

    --
    this is getting old and so are you

    blog

  29. Re:What do you call a bleeding lawyer in a shark t by rodgerd · · Score: 4, Informative

    I'm all for mocking the Yanks, even when their government is tramping around threatening to level everyone they don't like, but it should be noted that Bill Wyman is, in fact, English.

  30. Clarification from the submitter... by phillymjs · · Score: 5, Informative

    AFAICT, Bill Wyman the journalist has no website to call his own. I have no idea why this was posted under the Internet category, because I submitted it under News.

    Anyway, the lawyers are objecting to Bill Wyman the journalist using his given name on the byline of the articles he writes for the Atlanta Journal-Constitution (and, I suppose, any other publication for which he writes). Not because he owns any domain name relating to the name Bill Wyman.

    This action strikes me as even more outlandish and insidious than anything the big corporations have done over real or alleged domain squatting. That's why I submitted the article.

    ~Philly

    1. Re:Clarification from the submitter... by jmv · · Score: 2

      I understand your point... but then what he do in that case? change name? Do you have to change your name any time someone with that name becomes more popular than you are? Even "clarifications" could be painful. Would you like to write a clarification anytime you write your name on anything just because some celebrity has the same name?

    2. Re:Clarification from the submitter... by phillymjs · · Score: 2

      Who's to say where one's career will take them in life? Bill Wyman-the-journalist was at Salon.com at one point and left there to take the position of Arts Editor at the AJC. It's not his fault that he came to a point in his career where the name he had since birth was the same as that of someone about whom he'd occasionally write articles.

      If the former Rolling Stone takes this all the way and wins, it could set a dangerous precedent where no one who just happens to share their name with a famous individual is safe from being sued over it.

      I'm going to follow this story with interest, because it's coming down to "I had it first" vs. "I'm richer and more famous." I know who I'm rooting for.

      ~Philly

    3. Re:Clarification from the submitter... by Zordak · · Score: 2
      Before you click on this, look at the full hypertext. It's a goatse link. If you do not know what I am talking about, count yourself lucky and please believe me when I tell you that you do not want to know, and you will be happier person for never having followed a goatse link.

      Okay, now that you have hit the "Back" button as fast as you could and your eyes are wide with horror and disgust, I would just like to say, "I told you so."

      --

      Today's Sesame Street was brought to you by the number e.
    4. Re:Clarification from the submitter... by John+Hasler · · Score: 2

      Mr. Wyman appears to have the backing of his newspaper. I think they can afford a lawyer or two.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  31. Re:HOLY ESTERI! by Hrothgar+The+Great · · Score: 2

    Calm down there, Freakazoid. Part of our society's freedom involves the ability of citizens to bring suits against other citizens before a civil court. I don't see anything wrong with that!

    Don't blame the justice system, it didn't do anything wrong! Blame Bill Wyman (the Rolling Stones one) and/or his attorney for being ass lickers.

  32. RTFA by MasteroftheVoxel · · Score: 2

    This has NOTHING to do with the internet.
    It is only about the use of his name when he publishes articles.

  33. Are you trying to tell us... by Snork+Asaurus · · Score: 5, Funny

    that the lawyers are also named Bill Wyman?

    --
    Sigs are bad for your health.
    1. Re:Are you trying to tell us... by Junior+J.+Junior+III · · Score: 2

      Both the plaintiff and defendent are being represented by Wyman, Wyman, and FUD.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    2. Re: Are you trying to tell us... by IPFreely · · Score: 5, Funny
      Are you trying to tell us...that the lawyers are also named Bill Wyman?

      No. Bill Wyman is what all the lawyers will do.

      --
      There is nothing so silly as other peoples traditions, and nothing so sacred as our own.
    3. Re:Are you trying to tell us... by Sylver+Dragon · · Score: 2

      I thought they were represented by Dewey, Chetum and Howe.

      --
      Necessity is the mother of invention.
      Laziness is the father.
    4. Re:Are you trying to tell us... by Croaker · · Score: 2

      I'm Bill Wyman, and so's my wife!

  34. What happened with Uzi Nissan? Did he win? by Mustang+Matt · · Score: 2

    I don't see any reference to the lawsuits anymore. Did Nissan Motors finally back off?

    --
    The man who trades freedom for security does not deserve nor will he ever receive either. - Benjamin Franklin
    1. Re:What happened with Uzi Nissan? Did he win? by BdosError · · Score: 2

      No, quite the contrary. Recently, Nissan motors seems to have gained ground.

      See the updates at his update site.

      --
      Complexity is Easy. Simplicity is Hard.
  35. Re:What do you call a bleeding lawyer in a shark t by KnightStalker · · Score: 5, Insightful

    The law firm is in NYC. The Stones' Bill Wyman may not even know about the lawsuit. Lawyers are like that. Remember the fuss over "killustrator" in Germany?

    --
    * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
  36. Re:Sorry to say this... by Peyna · · Score: 2

    You mean "Only in the United States". Although I hear similar things happen in Canada, so maybe "Only in North America."

    --
    What?
  37. forget Nissan by kin_korn_karn · · Score: 4, Funny

    what about the Uzi? This guy is flagrantly infringing on IMI's trademarks!

  38. The Letter of the Law by Transient0 · · Score: 5, Insightful

    It's true. We live in a country(I'm actually canadian, but the argument is the same in either nation) where ignorance of the law is not a valid defence and yet the countries COMPLETE legislation could not be read by a single person in their entire lifetime. BTW, my given first name is Duff so(although the product in my case is fictional) I have a lot of experience with the name/trademark crossover. I don't own duff.com(warning... porno), but if I did, you can bet I would raise all hell if FOX tried to take it from me.

    1. Re:The Letter of the Law by btellier · · Score: 2

      Fox seems to be fairly cool with that stuff. Until a German (?) brewery started putting out Duff Beer and got hit with a C&D.

  39. Anyone? Anyone? by Otter · · Score: 5, Informative
    Since no one could be bothered to read the fucking article before posting (as opposed to the usual half the people who can't be bothered) let me summarize:

    The Atlanta Journal-Courier's Bill Wyman, who has regularly covered Rolling Stones news, wrote an article in the AJC about some of the ban's old albums. The band's lawyer decided (not unreasonably, I guess) that readers would think bassist Bill Wyman had written the piece, and demanded that a) if a journalist was calling himself Bill Wyman to cover Rolling Stones topics, he stop and b) if someone genuinely had that name, he should make that clear. The story hints that the lableing demand would extend to all work by the writer, but it's not clear that that's so.

    Whatever the legal merits of this case, it has nothing to do with a domain name.

  40. Clarification... by Puk · · Score: 2

    For those of you not reading the article and getting it wrong. This is not about a domain name. Bill Whyman the musician owns billwhyman.com (or at least has it dedicated to him). The CAD is about a story the journalist Bill Whyman wrote:

    Mr. Siegel represents Bill Wyman, who left the band in 1993. The attorney had happened to see a short story I'd written about some old Rolling Stones albums as part of the Journal-Constitution's coverage of the band's recent appearance in town. He wasted no time in firing off a letter. "I must ask that you immediately cease and desist from authorizing or permitting any such use of our client's name," he wrote.

    -Puk

    p.s. Capped, not whoring.

  41. Will the real Bill please stand up... by Anonymous+Bullard · · Score: 3, Funny

    ... to hear the verdict:

    All your bass are belong to us!!

    --

    Should invading one's peaceful neighbours be opposed, or rewarded with trade deals?

  42. Re:Let's be objective here. by Wavicle · · Score: 2

    But Bill Wyman runs a fansite about the Rolling Stone musician! Come on. I expected to go to his site and find a site about a journalist named Bill Wyman and see his work.

    Wait... The C&D Letter from former Rolling Stone member Bill Wyman's Lawyers doesn't mention a web site... The ACJ article doesn't mention a web site... The Slashdot article doesn't either... billwyman.com is owned by a media group in London, not somebody in Atlanta. What are you talking about??

    --
    Education is a better safeguard of liberty than a standing army.
    Edward Everett (1794 - 1865)
  43. Gah, I'm in Trouble by Coffee+Warlord · · Score: 5, Funny

    Last name?

    Nielsen.

    Mental note. Rate nothing. Ever. /runs and turns off Slashdot modding powers.

    1. Re:Gah, I'm in Trouble by NeuroManson · · Score: 2

      Dude! I met your family, it's huge, are you Mormon by any chance?

      --
      Just because you can mod me down, doesn't mean you're right. Shoes for industry!
    2. Re:Gah, I'm in Trouble by Dannon · · Score: 2

      I'm in even worse trouble. I can't claim to have had my slashdot username (also a RL nickname) since birth. I hope I need never fear the wrath of the dairy industry.

      --
      Good judgment comes from experience.
      Experience comes from bad judgment.
  44. General principle.. by mumblestheclown · · Score: 2

    While there is (justifiably) considerable debate with regards to this in the arena of domain names, as far as the world at large as concerned, it's been pretty much established that even if your given name is Microsoft Apple and you were born in 1911, you are not entitled to use those names in conjunction with a computing business.

    1. Re:General principle.. by Zordak · · Score: 2

      On the other hand, if you are a journalist who uses your name in your by-line (how dare he?), and some washed-out bassist from a not-that-great band happened to change his name to your name 3 years after you were born, you probably have the right to scorn and mock when his lawyer starts sending you Cease and Desist orders. Now what did this article have to do with domain names?

      --

      Today's Sesame Street was brought to you by the number e.
  45. It's NOT Bill Wyman's Fault! by standards · · Score: 3, Insightful

    Happily, this appears to be simply an error on the part of Bill Wyman's attorney (the former Rolling Stone).

    It looks like his attorney totally failed to do any research into Bill Wyman (the Writer) - a very big shame, especially given that many attorneys charge significant amounts of money to do research into such matters.

    I wonder what the bill rate was for this letter. Maybe $6? Or maybe $1000? Perhaps $5000?

  46. Office Space? by Student_Tech · · Score: 5, Funny
    Does anybody remember Michael Bolton in Office Space? About how he was perfectly happy until "that no-talent-ass-clown" become popular when, the guy you follow in OS, was 12? This kinda reminds me of that. Semi-normal person getting confused with a celebrity.
    From imdb.com:
    Samir: Why don't you just go by Mike, instead of Michael?
    Michael Bolton: No way! Why should I change it? He's the one who sucks.


  47. Re:I can understand companies, but not individuals by pi+radians · · Score: 2

    I can understand the case of Nissan vs Uzi Nissan, because to 99.9999999999999% of the world's population, "Nissan" is a car maker. There's no confusion here.

    Popularity should have zero grounds on these terms. Uzi Nissan registered nissan.com for his computer company before Nissan tried to. Nissan Computers is a legitimate commercial american company with the name Nissan. They have the complete right to the domain nissan.com.

    Just because the car company is bigger and more people reconize them as Nissan doesn't mean that they have instant rights to the domain.

    Fuck, if they want that domain bad enough they should pay Uzi Nissan what ever he wants for it (there has to be a price for something like this). If they can't get it, well too fucking bad. They don't deserve any additional rights to something.

    --

    sin(6cos(r)+5A)
  48. Troubling update on the Nissan case by kelzer · · Score: 5, Informative

    According to udpates at the bottom of this page, things aren't going so well for Uzi Nissan.

    The latest:

    September 2002

    The previous court rulings did not end this case. Nissan Motors filed a second Motion for Summary Judgment trying (and has been successful) to get the Court to deprive me of the right to a jury trial on October 15, 2002. The Court, much to my surprise, changed its attitude on this issue and:

    1. Changed the relevant date for "fame" from 1991 to 1994.

    2. Found that no reasonable jury could find that Nissan was not famous by 1994.

    3. Found that Nissan Computer and The Internet Center diluted Nissan Motor's trademark.

    4. Found that the publication of information about this lawsuit, the comments made by many people -- on this www.ncchelp.org and my media campaign to bring this issue to the public, actually -- tarnished Nissan Motor's trademark.

    Many legal experts view our case, not as a "law-breaking" case, but as a "law-making" case. The Court indicated during the hearing on this motion that certain aspects of this case may be creating new law as well.

    The trial date has thus been taken off calendar and Nissan Motor is now asking the Court to take away my domain name from me entirely. We expect a ruling on this motion some time in November this year. Our legal team is evaluating our options, which evaluation can not be completed until we know the final ruling by the Court. We believe that the potential loss of our domain name in this fashion may set the wrong precedent for future cases and will open the door for any deep-pocket corporation to do the same. This may become "the law of the land" and may affect many others in a similar situation, it could affect you or someone you know.

    This case received the attention of CBS Evening News, and has been looked at by other news agencies that have not yet published stories about it. Public attention to this type of corporate behavior is most important to get the issues properly debated. Your emails were very successful in CBS Evening News' decision to run a short story on this case. We are asking for your continued and crucial support by sending an email to the media and stating the importance of bringing these facts to the public. Remember that it was Public Opinion and Awareness that ended the Soviet Union, not missiles. Together we can make a difference.

    --

    ---------------------------------------------
    SERENITY NOW!!!!!!!!!!!!!!!!
  49. A clearer case I have never seen. by Phoenix · · Score: 2

    The issues are clear. He had the name first, it's his real name given to him at birth or shortly thereafter, and the other chap had it changed to the desputed name AFTER the other guy had it for a few years.

    Combine that with the fact that there should be no way in hell that one company/person should be able to sue another over the use over a name. It's not like he's using a trademark name like the "rolling stones" here.

    Granted he's in the music industry on the edges of it as a columnist, but does it really matter. What if a local TV station gets an anchorman for the 5:00 news who's given name is Daniel Rather? Will HE get sued?

    If that's the case I hope that no one using my name becomes famous

    --
    -- Wiccan Army, 13th Airborne Division "We will not fly silently into the night"
  50. I changed my name to John Doe! by Dutchmaan · · Score: 2

    I don't have to carry identification EVER!

  51. Bill Wyman (Stones) and the 13 year old girl by burgburgburg · · Score: 4, Interesting
    Now I remember the name. When Bill Wyman was 47, he started dating/doing a 13 year old girl named Mandy Smith. Six years later, when she was all of 19 and he as a robust 53, they got married. For some reason, the marriage didn't last.

    Wait, let me rephrase: When Bill Wyman was 47, he started dating/doing a 13 year old girl.

    Oh, That's the reputation that his lawyer is trying to protect.

    Amusing sidenote: Bill's 31 year old son Steven started dating Mandy's 46 year old mother Patsy and at one point planned to marry her. (This is after Bill/Mandy's divorce). Still, it would have made Steven his own divorced step-grandfather.

  52. Uzi Nissan... getting it from both ends. by Junior+J.+Junior+III · · Score: 5, Funny

    It's one thing when Nissan sues you, yeah, I could deal with that. What are they going to do, run me over with a Nissan?

    But when the Uzi people finally get wind of this fellow, you can bet he'll change his tune.

    It's just not wise to argue with Israelis armed with machine guns with a beef over territory or ownership rights. ;)

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:Uzi Nissan... getting it from both ends. by Zordak · · Score: 2

      Plus, I'm betting Uzi Nissan is an Arabic name, and we all know how well Arabs and Jews get along.

      --

      Today's Sesame Street was brought to you by the number e.
  53. Re:What do you call a bleeding lawyer in a shark t by rppp01 · · Score: 3, Funny

    You better watch what you say, or I might sue you for slander. I am not insensitive....my toe hurts today.

    --
    They stuck me in an institution, said it was the only solution, to...protect me from the enemy, myself
  54. RTFA! Its not about the domain... by Tmack · · Score: 3, Informative
    If you actually did RTFA you would have noticed that this is NOT about domain registration stuff like the Nissan case. A lawyer read an article published by The AJC's Bill Wyman and fired off a C&D order without checking the facts. The DNS entries for billwyman.com are already owned by Kos Media in London, and have been since April of 2000. Its amazing how many people replied without RTFA and immediately started blabbering about domain name rights and stuff.

    TM

    --
    Support TBI Research: http://www.raisinhope.org
  55. Don't you have a TV show on FOX? by Newer+Guy · · Score: 2

    You must have a bunch of lawyers then!

  56. The lead singer of X will sue you by burgburgburg · · Score: 2
    John Doe is the former lead singer of the Los Angeles punk band X, and has acted in the movies "Great Balls of Fire" and "Roadhouse" and the tv show "Roswell".

    He'll sue you for sure.

  57. Re:Represented by.. by tomhudson · · Score: 4, Funny
    Wyman's being represented by Whoman, Howman, Whereman, Whenman and WhatTheFuckman.

    Actually, it's probably the firm of Ben Dover and Phil McCavity (say it fast)

  58. Maarklar? by override11 · · Score: 2, Funny



    And then Marklar will marklar the marklar, and in the end the marklar will all go to marklar in a marklar!!

    These damn marklar's.....

    --
    No I didnt spell check this post...
  59. Do a search for your own name by shepd · · Score: 5, Interesting

    I think you'll find it interesting.

    I just searched for my own name (in quotes) on google, and found:

    - A wildlife foundation under my name
    - A gallery under my name
    - A cricket player with my name
    - A professor with my name
    - A folk singer with my name
    - Artists with my name
    - About 14,000 other links with my name not related to me personally.

    I already knew many companies operated under my last name, but didn't know so many used my full name!

    So, how many of you are in danger of losing your names like this?

    --
    If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    1. Re:Do a search for your own name by rthille · · Score: 2

      Wow, my mom kicks ass, out of all the non-redundant Google results for 'robert.thille' (without the quotes), all but 1 or 2 are me!

      But somehow when I was in Hawaii, there were two Robert Thille's renting a car from the same car rental company the same day... Wierd.

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    2. Re:Do a search for your own name by wirelessbuzzers · · Score: 2, Funny

      Could anyone here help me win a lawsuit against a German city?

      --Mike Hamburg

      (Aside: yes, the name comes from that city; my ancesters were "Hamburger"s and wisely decided to change their names to avoid a lawsuit by MacDonald's. Or maybe just to avoid being made fun of.)

      --
      I hereby place the above post in the public domain.
    3. Re:Do a search for your own name by Iamthefallen · · Score: 2, Informative

      So, how many of you are in danger of losing your names like this?

      Sadly, everyone who can't afford to hire a large aggressive law firm I imagine

      --
      Wax-Museum Fire Results In Hundreds Of New Danny DeVito Statues
    4. Re:Do a search for your own name by Zordak · · Score: 2

      Crap, my name's not even common, and I found a VP for some ISP (who works with an outfit called "Stalker Software," which makes me sound creepy), a Star Wars fan who is not me, and some Enron marketeer (among others). Maybe I should sue the Enron guy for dilluting my name.

      --

      Today's Sesame Street was brought to you by the number e.
    5. Re:Do a search for your own name by rthille · · Score: 2

      Sure it wasn't just RatShak corupting their own database? :-)

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    6. Re:Do a search for your own name by w3woody · · Score: 2

      Could be worse.

      Search for "William Woody" reveals this tidbit:

      "Eyewitness, William Woody, who lived east of Roswell, remembered being outside with his father the night of July 4, 1947, when he saw a brilliant object plunge to the ground. A couple of days later when Woody and his father tried to locate the area of the crash, they were stopped by military personnel, who had cordoned off the area."

      And this one:

      "The Exxon Valdez hit the reef just before midnight. According to an account later given by William Woody, the head of the National Transportation Safety Board's investigative team, Hazelwood returned to the bridge and tried to save his ship.

      "The captain gave a series of right and left rudder," Woody said Wednesday. "We do not know the purpose of these orders.""

      So I guess I'm famous or something. Or at least other people using my name are famous--or at least infamous.

      That's okay; I won't be filing lawsuits against pornography stars for the use of my last name... :-)

  60. Re:Careful if you date a girl named Barbie by DEBEDb · · Score: 2

    Did he at least give himself the satisfaction
    of adding, after his notarized signature,
    "and fuck you and the dolls you rode in on"?

    --

    Considered harmful.
  61. Re:Let's be objective here, moderators by DarkSkiesAhead · · Score: 2


    Can someone please explain how a poster who obviously didn't read a damn word of the article has been modded up +1 insightful four times?

    Anyone who so much as glanced at the article would know that this has nothing to do with the Bill Wyman fan site. Why are we rewarding this, moderators?

  62. FUD? by Snork+Asaurus · · Score: 4, Funny
    Both the plaintiff and defendent are being represented by Wyman, Wyman, and FUD

    FUD? Oh, great, now Warner Brothers will get in the act. This could be a vewwy nasty case.

    --
    Sigs are bad for your health.
  63. I disagree, but only a little by doublem · · Score: 2

    As long as you are not trying to mislead people into thinking you are the other company, you should have very right to compete with them within the confines of copyright and trademark law. By the logic of option "b" above, someone named "Disney" could never go into TV, Movies or any kind of animation if they wanted to use their own name.

    Personally, I think a courtesy, "We're not XYZ, they're at this URL"is a good idea, if the request is made politely, but lawsuits over a man doing business with his own name is out of control.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
    1. Re:I disagree, but only a little by Zordak · · Score: 2

      I'm usually all for personal rights over corporate rights, but the course you suggest here pretty well cripples Trademark law to the point that it is meaningless. If your last name is Disney, you have every right to go into the film business, or any other business you feel inclined to, but if you choose film, you do not have a right to call yourself "Disney Films." That has already been trademarked by The Great Satan. If trademark holders do not even have the right to protect trademarks in their own namespace, a trademark really is meaningless. Now, that's not to say that I think Mr. Bob Disney, the hypothetical independent film maker should be absolutely prohibited from using his last name, but he needs to make it reasonably difficult to confuse with Disney, Inc. (for example, if his company were "Bob Disney Independent Films, LLC," and his logo looked nothing like that the famous "Disney" logo, I think he would be on firm legal ground).

      --

      Today's Sesame Street was brought to you by the number e.
  64. This happened quite a while ago. by CaptainPhong · · Score: 2

    I knew a guy who ran a BBS called the Newtonian (his last name was Newton). When the internet was first getting k00l he reserved newton.com (I think it was even before you had to pay for domain names). Later, Apple threatened to sue him because they had a trademark on "Newton".

    --
    ... "Give me a woman who loves beer and I will conquer the w
  65. Re:Let's be objective here. by Lionel+Hutts · · Score: 2

    And yet EulerX07 gets moderated "Insightful" for confusing us, and any metamod who is not following this will call that "fair."

    Welcome to life on Slashdot, I guess.

    --
    I Can't Believe It's A Law Firm, LLP does not necessarily endorse the contents of this message.
  66. Why .COM for a in individual? by patniemeyer · · Score: 2, Interesting

    Many years ago when I chose pat.net for my domain I had the option of grabbing pat.com. But I decided that I wasn't a business - I am a person. So .net seemed suitable for my own network connectivity.

    Just a thought,
    Pat

  67. Re:Sirnames shouldnt be trademarked by tomhudson · · Score: 2

    it's not "sir" name for last name, it's "surname"

  68. nissanmotor.com? by DrinkDr.Pepper · · Score: 2, Insightful

    "We registered nissancomputer.com and offered it to him for free," Schindler said. "But he has no interest in being Nissan Computer -- his real name -- because he wants to exploit the substantial confusion.... As for other users, none of them are using the name Nissan without anything more. If Uzi Nissan was using nissancomputer.com, there would not be a lawsuit."

    So why doesn't Mr. Nissan register nissanmotor.com and offer it to Nissan Motors for free? I'm sure they would appreciate that as much as Mr. Nissan appreciates nissancomputer.com

    --
    0xfeedface
  69. You know the easy way to solve this... by saskboy · · Score: 3, Funny

    The answer is simple.

    1.Name all children with a unique ID
    like RTDSG4232342
    and don't allow their children to have kids named
    RTDSG4232342 Jr.

    2.Reassign all adults new names as well.

    3. ???

    4. Profit

    --
    Saskboy's blog is good. 9 out of 10 dentists agree.
    1. Re:You know the easy way to solve this... by Oculus+Habent · · Score: 2

      No, I think we would need to start this naming trend with smaller letter-number combinations. Perhaps three letter and four numbers... this would only give you 175 million different names, but someone would at least get to be THX-1138. :)

      --
      That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    2. Re:You know the easy way to solve this... by RazzleFrog · · Score: 2, Interesting

      Unless, of course, if it is alphanumeric. Then you have 839,299,365,868,340,000. Even if it is case insensitive it would still be 3,656,158,440,062,980. I think we have a few years before we reach a population in that range.

    3. Re:You know the easy way to solve this... by Tassach · · Score: 2

      With 6.2 billion people on the planet, 175M falls a bit short. It's not even enough for the US (~281M). 5 letters + 4 digits would give 119 Billion (26^5 * 10^4), which should be plenty for the next generation or three.

      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  70. What domain name? by StupidKatz · · Score: 2

    RTFMKTHX.

  71. Re:Countersue! (cancel what?!) by gosand · · Score: 3, Funny
    Ah well, too bad I don't read Rolling Stone, I can't cancel my subscription in protest. ;-)

    Well, you could cancel any other magazine that you do subscribe to, considering that they would be as relevant to this topic as Rolling Stone.

    --

    My beliefs do not require that you agree with them.

  72. Re:Other names by presearch · · Score: 2

    Likewise. I'm Bill Romanowski, and don't play football.
    I get hate mail and autograph requests every so often.

  73. I have to admit it. by bill_wyman · · Score: 3, Funny

    I'm free riding on Bill Wyman the musician's commercial goodwill in order to further the commercial interests of bill_wyman the Slashdot user and get more mod points.

  74. Reminds me of Indecent Proposal by burgburgburg · · Score: 2
    The scene where two potential clients overhear lawyer Oliver Platt berate Woody Harrelson for agreeing to let Robert Redford sleep with wife Demi Moore for $1 million. He soon makes it clear that his anger is at being left out of the process. He would have negotiated alot more then that.

    Afterwards, they two eavesdroppers announce that he's just the kind of lawyer they're looking for.

  75. What would you do? by Arker · · Score: 4, Insightful

    Put yourself in his place. You register your name.com and put your business on it and, later on, a certain Japanese car company starts using their own name (which they hadn't been doing, in the US, rather using a pseudonym) and suddenly you start getting massive hits from people looking for cars, and you run a computer business?

    I'd probably put up some links to car-sellers too, and if I could get paid for it all the better.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  76. Legal Intimidation by Camel+Pilot · · Score: 2

    This is very true

    I friend of mine runs a small web store selling rubber stamps. It just so happens that he were retailing a stamp (ie. manufactured by another firm) with a "Volkswagen of America" icon. They were contacted by a legal firm, Continental Enterprises, (i wish had they website) that protects Volkswagen trademark and were ordered to pay $2500 of face court action. They stocked a total of 6 of these stamps and sold one. They had no idea that their product was not properly licensed by the manufacture.

    Continental Enterprises is engaging in intimidation, knowing a small store will buckle as they cannot afford legal council.

    1. Re:Legal Intimidation by fishbowl · · Score: 2

      VWOA has been on a rampage of intimidation and stifling trade for quite a few years. Seems they are not happy that the hobbyist market for aircooled volkswagens continues to thrive. You will hardly find an aftermarket parts dealer, dunebuggy shop, bus club, or independent mechanic who has not been harassed by VWOA.

      It is precisely because of these shenanigans that I bought a Volvo instead of a VW last year. As a longtime afficianado of aircooled bugs and buses, it's been very disappointing to see this sort of thing happen. VW is getting a lot in return for the popularity of the bug and the bus, but they are very hostile in taking a crap on the folks who bring them the very same popularity. And for that, I did indeed take my business elsewhere.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:Legal Intimidation by Camel+Pilot · · Score: 2

      Yes I have owned a VW in past but you can be sure I will look elsewhere also. I am encouraging my friend to resist paying the $2.5k "fee" and fight it.

      If they had presented a "cease and desist" letter that would been O.K. and I know that they would have pulled the product - end of story. It is this misuse of the legal system that is both unfair and detestable.

  77. Uzi Nissan by jjeffries · · Score: 3, Funny

    should change his last name to "Datsun" to make them happy.

  78. No, that's for real. by mcc · · Score: 4, Interesting

    Check this out.

    "Lord Macdonald of Macdonald, premier clan chief of Clan Donald, has appointed Ronald W McDonald to be Sergeant-Major at Arms of the Guardians of Clan Donald: the linear descendant of the chief's bodyguard. ...

    One specific aim is to offer moral support to Mary Blair, proprietor of McMunchies, a small sandwich bar in Fenny Stratford, Buckinghamshire, who is being threatened with legal action by McDonald's Restaurants, the fast food chain, for daring to use the prefix "Mc" in the name of her shop.

    When interviewed in BBC2's "The Money Programme" a top trademark lawyer made it clear that McDonald's have not a legal leg to stand on. Instead they rely on their unlimited financial resources to bully small businesses who cannot afford to fight back."


    Really.. read the entire press release, it just gets better and better. This is coming from a long extended thing that happened around 1996, when McDonalds decided they were going to start trying to crack down on anyone doing anything vaguely resembling their trademarks. I'm not sure if they ever got McMunchie's to change their name, but whatever happened they did manage to piss off, in the process, Scotland. The best bit about the whole thing was that, according to an absolutely fantastic 60 Minutes report on this and the McLibel case, Lord MacDonald of MacDonald was so enraged by the whole thing that he decided to open a restaurant in the traditional family estate of the MacDonald clan, and name it "MacDonald's". The restaurant serves things like duck, and whatever else is the U.K. equivilent of "gourmet" food. Thus far McDonald's Inc. of America has yet to challenge him over the name.

    As my more-or-less universal online handle is an abbreviation of my last name, McClure (it's a degradation of MacLeod), i have to say this case holds a small bit of interest for me.. it is a discomforting thought to know that a corporation may possibly want to claim ownership to the first two letters of my slashdot logon :)

    1. Re:No, that's for real. by stratjakt · · Score: 2, Funny

      I saw the McDonald story on 60 minutes or something a couple years back. He really is "the" McDonald of Scotland with centuries old royal proclomations and whatnot to back it up.

      Though, every time I see/hear it I can't help hearing:

      "THERE CAN BE ONLY ONE!!!!"

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:No, that's for real. by catman · · Score: 2, Interesting


      In the small Norwegian town of Risør lives a man by the name of Kjell MacDonald. (Really - google for it) Kjell runs a small food place at the harbor side - I forget what he serves here, but it has nothing whatever to do with the golden arches stuff. The big boys sued - and were laughed out of court.

    3. Re:No, that's for real. by stinky+wizzleteats · · Score: 2, Funny

      Do you think of Highlander when you hear any Scottish name?


      I'm descended from Highlanders. Clan MacDonald at Glencoe to be precise. I'm personally offended that you think that the Scottish Highlanders are of the same sort of spineless, sniveling, whining douchebags whose culture of victim worship obviously inspired your post.


      You may rest very comfortably assured that if anyone actually says anything which remotely offends us, we'll have thrown a telephone pole at him long before you come along in our defense.

    4. Re:No, that's for real. by simong_oz · · Score: 2

      The actual quote you're thinking of is:

      "An intellectual snob is someone who can listen to the William Tell Overture and not think of The Lone Ranger." -- Dan Rather

      I don't even know what the lone f$#$ing ranger is!

      Oh you poor, deprived bastard. Showing my age now, but what the hell...

      "Hi ho Silver. Away!"

      --
      "Because it's there." - George Mallory, when asked why he wanted to climb Mt Everest, March 18, 1923 (New York Times)
    5. Re:No, that's for real. by simong_oz · · Score: 2

      Clan MacDonald at Glencoe

      And what a beautiful part of the world that is - Buchaille Etive Mor has to be one of my favourite mountains in the world. My own ancestry is from Clan Ross in Tain (just north of Inverness).

      says anything which remotely offends us

      or in any way implies that they might be english!

      --
      "Because it's there." - George Mallory, when asked why he wanted to climb Mt Everest, March 18, 1923 (New York Times)
  79. Re:Represented by.. by ncc74656 · · Score: 4, Funny
    Wyman's being represented by Whoman, Howman, Whereman, Whenman and WhatTheFuckman.

    Actually, it's probably the firm of Ben Dover and Phil McCavity (say it fast)

    Dewey, Cheatham, & Howe seems more likely to have taken up this case...

    --
    20 January 2017: the End of an Error.
  80. Re:What do you call a bleeding lawyer in a shark t by Ponty · · Score: 2

    Oh come now. You can't say that any first world Capitalist country doesn't have many of the same problems. I've been a lot of places in this world, and while I'll be the first to admit that the US is far from perfect, I'll also be the second or third to point out that the rest of the world isn't a city on a hill, either.

  81. Re:That's nothing.. by monthos · · Score: 2, Funny

    i actually had a student in one of my classes in high school named Shi-Thead, and on our Student ID cards they couldnt put hyphens, so it did come out Shithead on all her school paperwork.

  82. Science Fiction often precedes real life (like now by dpilot · · Score: 4, Interesting

    Almost like this case, certainly very comparable to it, and in a way, even more absurd...

    I once read a short story about an ordinary Joe who bore too much resemblance to a famous actor. The actor didn't want any 'unauthorized copies' out there, so he sued the guy and forced him to have plastic surgery to change his appearance.

    If Bill Wyman (from birth) loses this one, how long until the science fiction story becomes true? Given the absurdity running rampant through the US legal system, I wouldn't bet against it.

    --
    The living have better things to do than to continue hating the dead.
  83. In related news... by grundy · · Score: 2, Funny

    Pryor Cashman Sherman and Flynn LLP are being sued by Richard Pryor, Pat Cashman, William Tecumseh Sherman, and Laura Flynn-Boyle for sullying their fine names with such actions.

  84. Re:That's nothing.. by .sig · · Score: 2, Funny

    And my name is Michael Bolton, and I refuse to change it. I had that name before he ever became famous.

    (paraphrased, sorry, I don't remember the exact quote)

    --
    -Space for rent
  85. Montana Shoes by macdaddy357 · · Score: 2

    This reminds me of a shoe company that named several of its designs after western states. They had no trouble until they named one "Montana," and Joe Montana sued.

    --
    How ya like dat?
  86. Wrong. Nissan is QUITE old. by Valdrax · · Score: 5, Informative

    For a full treatment of Nissan history, click on this link.

    To summarize, the first companies that would eventually become Nissan started in 1911. After a series of mergers, changed company names, and revisted models, they started selling cars with the Datsun name in 1932. However, the company was never known as Datsun Motors. Datsun was just the brand name of their cards, from "son of DAT." The company has been called Nissan Motors ever since the merger between DAT Automobile Manufacturing Company and Nihon Sangyo, another pre-existing automobile manufacturer.

    Some other juicy bits that the enthusiast site I've linked to doesn't go well into is the fact that Nissan was the largest of the "new zaibatsu" and profitted quite considerably from the rape of Manchuria by the Japanese in the 1930s. The older zaibatsu, like Mitsui, Sumitomo, and Mitsubishi were all tightly controlled by greedy single families who weren't well liked by the wartime government. Companies like Nissan who were owned by multiple owners were treated more favorably and got the sweeter deals in exploiting the newly conquered Japanese territories.

    Also, the website glosses over the labor struggles of the 1950s in Japan. Nissan was a "innovator" in breaking their unions and was one of the first companies to create a company-created union that would provide the model for all modern Japanese labor unions. Modern Japanese labor unions are all company (not trade) specific and are essentially a secondary tier of management over the workers used to keep them in line and in harmony with company desires, and striking is no longer allowed. Though as far as I know, Nissan's 100-day strike was very bloodless compared to many of the other labor struggles during the period, it was the pioneer in establishing the crippled system that exists today in Japan.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  87. A Modest Proposal by gallen1234 · · Score: 4, Interesting

    You've raised some points that for various reasons have been on my mind over the last few months. In particular I've been thinking about the inability of the average American to afford (either by training or by purchase of service) access to our legal system. In what sense of the phrase is everyone "equal under the law" if some people/groups have access to better legal services than others. The obvious solution is this: nationalize the lawyers.

    Now I'll admit I haven't spent a lot of time thinking this through but the idea has some obvious charms. Everyone from the poorest homeless person to the wealthiest corporation gets the same level of service and access. This could push the legal system to become more abritrative than adversarial - hopefully resulting in a renewed focus on the pursuit of justice rather than victory for its own sake. (I read about an interesting example of this a few years ago: A law firm started handling IRS audits on a flat fee basis. They had amazing settlement rates because the IRS knew they couldn't drag the proceedings out until the clients ran out of money to pay for their defense).

    1. Re:A Modest Proposal by markr · · Score: 3, Insightful

      We certainly need some changes to the U.S. legal system, but I don't know what it should be.

      I'm a defendant in another lawsuit which has been mentioned on /. recently (I'll avoid mentioning the case to not attract the attention of the agressive plaintiff). I've learned a lot in the 18 months that this case has dragged on. What they taught me in high school government class has very little to do with the realities of the legal system. You can sue anyone for anything, whether there is merit to the case or not. Even if the suit is completely bogus, it is likely to cost so much to defend that many people settle anyway. When the guy suing me filed a second similar suit, I was tempted to defend myself (the legal term is "pro se"), cribing from materials my lawyers produced in the first suit. But since it's actually my one-peson web programming business (which is incorporated) being sued, I'm required to be represented by a lawyer.

      My reaction to learning how all this works was to suggest that our system should be more like the British system, where the loser pays the legal fees. That would stop these nuisance suits. But it also effectively stops private indivuals from suing large corporations. It's not clear that this would be any better.

    2. Re:A Modest Proposal by MacAndrew · · Score: 3, Interesting

      A modest proposal? Wasn't that about eating babies? :-) I do know it was Swift at his most satirical.

      Nationalize the lawyers? Don't you mean enslave? Effectively every lawyer would be forced to sign on with a monopolistic gov't. Actually, the far greater problem is however much you might do to equalize access to lawyers, you would do nothing to equalize the skill of individual lawyers. They are all quite different -- think baseball players. You have the stars, the average, and Little League.

      I totally agree with your sentiment, and would like to see more efficient resolution of genuine disputes, and quicker disposal of illegitimate ones. Arbitration sure sounded good at the outset, but has in some cases become a mechanism to screw the little guy. That's why many corporations will have a non-negotiable arbitration clause in their contract, requiring you to arbitrate any dispute in a particular jurisdiction subject to particular rules, at their convenience. Often the right of appeal is foreclosed.

      There is nothing like the cynicism taught at law school.

      The flat fee tax defenders -- why couldn't the IRS simply decide to run them into the ground? They certainly have the resources. Seriously, a problem with deals like flat fee may be that in many cases the lawyers are skimming the best cases, in effect overcharging their clients for easy wins. Some of the big heavily-advertised personal injury firms do this.

    3. Re:A Modest Proposal by gallen1234 · · Score: 2
      A modest proposal? Wasn't that about eating babies? :-) I do know it was Swift at his most satirical.

      Yeah, it is. Something about suggesting that since the Irish land owners were sucking the life from their tenants they might as well speed up the process by eating their children.

      You raised some good points. Let me answer a few of them.

      Nationalize the lawyers? Don't you mean enslave? Effectively every lawyer would be forced to sign on with a monopolistic gov't.

      If you want to be an air traffic controller you have to work for the government. If you want to be in the military you have to work for the government. If you want to work in law enforcement (i.e. investigate crimes and arrest people) you have to work for the government, etc. There are some professions that are exclusive to the government. I don't think any of the members of those professions think of themselves as "enslaved to a monopolistic government".

      Actually, the far greater problem is however much you might do to equalize access to lawyers, you would do nothing to equalize the skill of individual lawyers. They are all quite different -- think baseball players. You have the stars, the average, and Little League.

      Good point - so anytime someone needs a lawyer one is assigned to them by lottery. You don't get to pick your air traffic controller or the cop who responds to your 911 call.

      The flat fee tax defenders -- why couldn't the IRS simply decide to run them into the ground?

      Because the IRS doesn't get to pick the people they "run to ground". Who gets audited is decided by a complex computer program that evaluates tax returns against complex metrics designed to identify those most likely to cheat.

    4. Re:A Modest Proposal by LS · · Score: 2

      Your idea is noble, but do realize that this is like asking cow farmers to become vegetarians.

      LS

      --
      There is a fine line between being a cultivated citizen and being someone else's crop. - A. J. Patrick Liszkie
    5. Re:A Modest Proposal by Reziac · · Score: 2

      Damn, and here I thought I was joking with my "Simple Solution" above (to wit, pay lawyers min.wage so everyone can afford 'em). Quite telling about the firm that flat-fee'd itself, and the side effect of their success rates.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    6. Re:A Modest Proposal by MacAndrew · · Score: 2

      Enslave -- I was exaggerating of course. :)

      But there are about a million lawyers in thed U.S., working (constructively) in every field imaginable to ban private practice would be to socialize the country overnight. Some might think that I good idea, but not me; though I appreciate our gov't I don't think they have the competence to run something like that. Law enforcement and air traffic control (to a much lesser extent) are uniquely gov't functions not suited for private mgmt, mostly because of the hazards to human life and liberty.

      It *would* be nice to reduce the advantage a client had was raw wealth, but that begs the question of the other 6,000 advantages of wealth.

      Also, it is a misperception that most or all lawyers are involved in litigation. Only about 5% see the inside of a courtroom. And to cap their income would simply drive the brightest to other fields in a jiffy -- it's just a business after all, and if I can make $5 as a grocer or $100 as a mechanic, I'm not going to be a grocer.

      BTW, I'm speaking as a former gov't lawyer, and possible future gov't lawyer. I took the lower pay (about 50%) in exchange for the better hours and work I found interesting, gratifying, and educational. I'm sure the gov't already is the largest single legal employer. But I don't expect everyone to make these choices, especially friends whose loan repayments for college+law school were well over $1,000 a month; and as I suggested, all of them had other career options to choose over law. Like most people, lawyers do their jobs primarily to pay the bills.

  88. Don't laugh! -- McDonalds by MacAndrew · · Score: 2

    Another person here mentions the McMunchies case -- even closer to home was an Illinois story in the Chgo Trib about a downstate family restaurant named, yes, McDonald's or something quite close to that. McDonalds decided to open a franchise in the same town and threatened, cajoled, pleaded with the man to change the name (his name) of the restaurant; he declined. Eventually the McDonalds franchise went out of business.

    McDonalds is intensely litigious, like Disney and other megacorps with valuable trademarks. McDonalds will sue over just about anything "Mc" in fact. I suppose it is a business calculation -- it is safer to keep their trademark pristine, even if it means crossing the line into thuggish intimidation.

    Trivia: Did you know there's beef in McDonalds french fries? True story. :) (After they retired beef tallow from their frying oils, they added beef extract to the fries to recover some of the flavor. But they didn't tell anyone, got sued by irate Hindus, and so on. It turns out teh partially hydrogenated vegetable oil they now use for frying may be as bad for you as animal fat, oh well.)

    Or trademark trivia: In the movie The Secret of NIMH, based on the superb story Mrs. Frisby and the Rats of NIMH, the protagonist is subtly renamed "Brisby" -- turns out they were contacted by...

    The corporate domination thing has been on my mind.

    1. Re:Don't laugh! -- McDonalds by stratjakt · · Score: 2, Informative

      There was a fairly good and locally well-known greek restaurant near where I grew up known as the "Olympic Flame". It was in the same location for over 50 years, doing quite well.

      Then one day the IOC decides to trademark the "Olympics", or more succinctly, some dipshit judge decides to allow them to trademark a phrase and symbols that are thousands of years old.

      A name change was forced - and the public, not seeing the 'Olympic Flame' when they drove by, assumed it had closed. People stopped coming in droves, and eventually it was forced to close.

      I also recall a news story back home about a guy with the (unfortunate) name of Donald Duck. He was actually 10 years older than the cartoon character. He was like in his 70s and a decorated vet when he starts getting harassing C&D letters from Disney.

      I guess the only point is that this bullshit happens all the time, you don't have to look far to see it.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:Don't laugh! -- McDonalds by MacAndrew · · Score: 2

      Donald should have sued them for defamation.

      A shame about the restaurant. Its tragedy ironically illustrates the value of trademarks. Without its identity, it died.

      Whatever people think of trademark law, a perhaps greater threat is dumb judges. I used to work for an appellate court, and while most the trial judges were very good, the ones who weren't, really weren't. The whole idea of elected judges in Chicago really freaked me out -- I'm a lawyer, and I had no idea who to vote for. People would change their names to sound like the real McCoy, and other dirty tricks. Many voters simply chose names they liked -- an Irish surname was a big bonus IIRC.

    3. Re:Don't laugh! -- McDonalds by AndroidCat · · Score: 3, Interesting
      I've only ever gotten one stupid C&D letter. I whipped up a random name generator program called .. Namer, and released it as freeware. A few years later, a letter got to me (in Toronto) from a company in Texas claiming the name was too close to their product "Namer by Salinon" which they liked to call Namer for short.

      I don't know what they expected me to do about all those copies on BBSs out there, and I don't give a flying fsck what they like to call their software for short. I blew the letter off, and never heard from them again. (I did add to the docs that if anyone gets a complaint, they should rename it to pnamer.exe.)

      If Salinon still around, I hope this bugs them: Namer.Zip

      --
      One line blog. I hear that they're called Twitters now.
    4. Re:Don't laugh! -- McDonalds by mpe · · Score: 2

      A shame about the restaurant. Its tragedy ironically illustrates the value of trademarks. Without its identity, it died.

      The thing is that trademarks were originally intended to apply to a specific type of business in a specific area. Which isn't the way certain entities want them to be used now.

    5. Re:Don't laugh! -- McDonalds by MacAndrew · · Score: 2

      Yes -- but now the "certain area" of many formeely small or local businesses can be national or international. The internet is partly to blame (and to credit -- this erasure of borders is a good thing in many ways, albeit not for restaurants), as anyone can do business anywhere and thus maintain a "presence" everywhere, plus "globalization," whatever that is exactly. So you get a lot of businesses stepping on each other's toes.

      I doubt the people who originally drew up trademark law envisioned all this. But the more immediate problem is big guy v. little guy. If your trade in "specific type of business in a specific area," someone else can't trademark and usurp you, although they may limit your effort to expand. So if the facts related re the restaurant are accurate, the latecomer Olympic people had no claim, but their superior financial and legal resources may have made that irrelevant. On the merits, it is also hard to imagine consumers would be confused as to the separate identities of the two entities, or that the restaurant would "dilute" the mark of the Olympics, and so on. On the other hand, maybe the restaurant simply thought it could get away with a name change and lost.

      And so it goes. These things pop up a million times. I'm still learning this stuff. A resource you might enjoy is The Chilling Effects Clearinghouse, which addresses trademark and much more with a free speech focus.

    6. Re:Don't laugh! -- McDonalds by mpe · · Score: 2

      Yes -- but now the "certain area" of many formeely small or local businesses can be national or international.

      Small businesses have had internationally reachable postal addresses for about a century and internationally reachable telephone numbers for decades. Just because they can be contacted from afar does not mean they are capable of handling customers at a distance.

      The internet is partly to blame (and to credit -- this erasure of borders is a good thing in many ways, albeit not for restaurants),

      Restaurants, along with bars, hotels, nightclubs, tourist attractions, etc are businesses where the customer goes to the business. The internet can provide advertising, but something of the form "tourist.la.ca.us" or an online version of a business telephone directory will do the job perfectly well.

      as anyone can do business anywhere and thus maintain a "presence" everywhere,

      How does simply having a website enable a business to be able to handle any currency, know all applicable import and export regulations and be able to work out shipping costs and times? A business "presence" often requires a lot more than just a website.

      plus "globalization," whatever that is exactly.

      Even a lot of large businesses are anti "globalization" for retail sales. e.g. warentees on computer laptops and lawsuits against "grey" and "parallel" imports.

  89. Re:HOLY ESTERI! by Hrothgar+The+Great · · Score: 2

    I did read the article. Looks like you better learn to read small two sentence posts, shit for brains. The C&D letter, read in full, contains the threat of a lawsuit. Are you suggesting that the content of my post is somehow invalid simply because the lawsuit has not yet taken place? Are you implying that the sending of a C&D letter is not a natural precursor to filing a lawsuit?

    What are you saying exactly? You need to learn to flesh out your witty responses a bit, junior.

  90. Re:Sirnames shouldnt be trademarked by tomhudson · · Score: 2

    surname ("sur" as in "over", or "in addition to" - eg your last name) this applies to both sexes. First name, middle name, surname.

  91. in reference to by Gavitron_zero · · Score: 2

    Uzi Nissan, if I were him, I'd sell the domain and get something else to avoid all the people who type "www.nissan.com" into their browser to see cars. If there are as many people doing this as the article on Uzi says, his costs for bandwidth must be crazy.

  92. Why does the parent comment sound exactly like... by theduck · · Score: 3, Insightful

    ...the last few paragraphs of the posted article?

    Wyman says he first used the name onstage in 1963. "In 1964 I adapted his name, and changed mine by deed poll," he writes in a footnote.

    Me, I was born Jan. 11, 1961.

    What I need now is a lawyer to ask Mr. Siegel that his client stop using a name I have claim to by several years.

    --
    How can we afford to ever sleep
    So sound again
    --ebtg
  93. Re:MS says my name infringes on their EULA by adb · · Score: 2

    There is a reason the name Phelps is considered obscene. I recommend changing your name; it will only bring you trouble. ;)

    Hmmm... yep. Aren't those commies cute?

  94. WTF? by Snork+Asaurus · · Score: 2

    Slashdot - you mean this isn't Entertainment Weekly?

    --
    Sigs are bad for your health.
  95. Why does everyone blame the lawyers. by Anonymous Coward · · Score: 3, Interesting

    [dis: Posting Anonymously because the companies I reference have already sent me C&D letters because of posts I made on Slashdot]

    The lawyers are being paid by someone to do what they do. I remember when I worked at InterAct Accessories, Inc. Some guy had registered InterAct.com way before InterAct was formed as a company. He didn't even use the domain name for a webpage, just mail. I remember my boss' conversation with the company lawyers. It went along the lines of, "Do whatever it takes, I want InterAct.com." After multiple failures to legally obtain the domain name, they had to settle for interact-acc.com. My boss didn't stop, he insisted that I somehow 'hack' the domain name so we could 'steal' it. I pointed out how this was illegal.

    The lawyers aren't to blame. It's people like my boss. The people that grew up getting everything they wanted, and when that trait continues into adulthood, you get people like this. They don't care if someone has a legitimate claim to something, they want it, and they'll do anything to get it.

  96. Re:Wrong. Nissan is QUITE old. by Sique · · Score: 2, Interesting

    But not as old as the Nissan Forgery in Dresden, Germany, Koenigsstrasse. Founded in 1876, as you can see if you walk by. It's still on the gate. Nissan happens to be a common family name wit the sorb people, that live in the eastern part of Saxony.

    So all this "my name is older than yours" reminds me of the old aristocratic people, all maintaining huge lists of ancestors to prove that they deserve rights and priviledges. It reminds me of an old joke, where God creates Adam and Eve and then asks them if they wish for anything else. "Yes", replied Adam, "I would like to have the family name of Hardtenstern." God gets angry: "Adam, you are just the second day on earth, and you are already longing for one of the oldest prussian aristocratic names!"

    The aristocratic families of old lost their priviledges during a series of revolutions in Europe... shall we wait for the next series to end all the priviledges bound to the names?

    --
    .sig: Sique *sigh*
  97. He's Israeli. by Valdrax · · Score: 4, Insightful

    Funny thing is, he's Israeli. His name isn't Japanese, it's Hebrew. Read his site for the full story. Apparently, it's just a name over there. I guess an "Uzi" is just like a "Tommy Gun" in terms of origin.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
    1. Re:He's Israeli. by Chacham · · Score: 3, Informative

      Uzi is a Hebrew word that means, "my strength". King David used it is Psalms.

      Nissan, is the name of the sixth Jewish month of the year. The origins of it came from Babylon. So is actually isn't Hebrew and much as it is Babylonian.

  98. Nissan Motors Has Valid Case vs. Nissan Computers by limekiller4 · · Score: 2

    phillymjs writes
    "We're probably all familiar with Uzi Nissan and his fight to keep his nissan.com domain name from the clutches of Nissan Motors. Well, more same-name idiocy came to light today..."

    I'm normally 100% on the side of the small guy but Uzi Nissan initially bought it for his own, private family business but -- and this is the important part -- he "modified its website to include a 'Nissan Computer' logo that was allegedly confusingly similar to plaintiff's logo and also included numerous banner advertisements linking to various automobile-related websites."

    So let's not have a knee-jerk reaction which stipulates that "small guy good, big guy bad" (four legs good, two legs better?) every time push comes to shove. When we do, we start looking like reactionaries and that is the most effective way to discredit us as a group.

    --
    My .02,
    Limekiller
  99. How will they know who the winner is? by gnovos · · Score: 4, Funny

    "Bill Wyman is hereby ordered to pay $50,000 in damages."

    Plantif and defandant in unison: YES! .. wha?

    --
    "Your superior intellect is no match for our puny weapons!"
  100. Re:Wrong. Nissan is QUITE old. by Valdrax · · Score: 2

    But not as old as the Nissan Forgery in Dresden, Germany, Koenigsstrasse.

    I'm not surprised. Apparently it's a common combination of syllables for names. Heck, Uzi Nissan is Israeli, and his name means the seventh month of the Hebrew calendar, while the Nissan Motor company comes from an abbreviation of a company name which basically means Japan Industries.

    I think it's pure injustice if Nissan (Motors) gets away stealing the Nissan (Computers) website. Irregardless of that, I was correcting the factual error that got modded so high up by the parent poster.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  101. They have a website! by CrystalFalcon · · Score: 2

    http://www.bendover.com

  102. Re:American lifestyle by shiflett · · Score: 2, Insightful

    It's a small point, but it says:

    "brand names of those two wholly American lifestyle products"

    For some reason, you are trying to substitute Uzi and Nissan for "wholly American lifestyle products" which yields the completely illogical conclusion that Uzi is a brand name of an Uzi, and Nissan is a brand name of a Nissan.

    The products are cars and guns. The brand names are Nissan and Uzi.

  103. This is reasonable by nuggz · · Score: 2

    Think about it, if Linus Torvalds writes an article about Linux it will get a certain response.

    If that Linus isn't "The Linux Linus", it might be misleading not to mention that in some way.

    1. Re:This is reasonable by DEBEDb · · Score: 2

      Another suit is then brought to identify
      *that* Linus as GNU/Linus.

      --

      Considered harmful.
  104. I lucked out too, I look like a pr0n actor by WhaDaYaKnow · · Score: 2

    I kid you not.

    Here I am going through life, thinking it's all fine and dandy and stuff.

    I believe that the occasional guy starring intently at me is part of normal life. I figure that it happens to every guy that a girl will walk up to them insisting she'd show him her boobs.

    I conclude that I must have a worse memory for people recognition than the average person because the phrase "don't I know you" is mostly used by others about me and not the other way around.

    Then finally one day a friend walks over after a conversation with someone (during which they had been looking at me intently, but as I said, what's new?) and says,- that guy I was talking to thought he saw you in a movie last night at his hotel. *grin*

    "Uhm, ok, I don't think so, whazup with the silly grin?"

    "Well, twas a pr0n movie!"

    And then it slowly starts to daunt on me, there is this guy that is in practically all American made pr0n movies that does look a lot like me. (oops, did I just confess?)

    So now when someone asks me "don't I know you?", I just grin. And I'm always sure to inspect those boobs. :-)

    1. Re:I lucked out too, I look like a pr0n actor by falzer · · Score: 2

      Well make with it, who do you look like?

      Ron Jeremy.

    2. Re:I lucked out too, I look like a pr0n actor by macdaddy · · Score: 2

      Remember that not all porn is guy girl.... You don't happen to resemble a gay porn actor do you? Ha! Now that would be funny.

  105. Perhaps this isn't a popular opinion by Tikiman · · Score: 2

    Sure, Uzi Nissan probably has the right to nissan.com. But lets be realistic about things. 99.9999% of people who type in nissan.com are looking for the car company. The only people expecting to see a 2-person computing shop probable saw nissan.com on a business card, and just as easily could have typed in "nissan-computing.com". I doubt anyone has ever thought "I need a computer company, lets try nissan.com". Mr Nissan is going quite far out of his way to confuse a lot of people. Just because hes within his legal rights (maybe), I still think its cruddy thing to do to both the company and potential consumers. It would also be nice for him to provide a hyptertext link to nissandriven.com, which he currently is not doing.

    1. Re:Perhaps this isn't a popular opinion by mpe · · Score: 2

      Sure, Uzi Nissan probably has the right to nissan.com.

      Nothing about him having the name gives him special rights to nissan.com. The only entity which should have any claim on it is a commercial enterprise selling to more than one country.

      But lets be realistic about things. 99.9999% of people who type in nissan.com are looking for the car company.

      The Nissan Motor Company actually is a transnational commercial entity.

      The only people expecting to see a 2-person computing shop probable saw nissan.com on a business card, and just as easily could have typed in "nissan-computing.com"

      Or even nissan.com.il or nissan-computing.com.il

      I doubt anyone has ever thought "I need a computer company, lets try nissan.com"

      Even if they did a 2 person company probably just isn't geared up to deal with customers outside their geographical area in the first place.

      I still think its cruddy thing to do to both the company and potential consumers. It would also be nice for him to provide a hyptertext link to nissandriven.com, which he currently is not doing.

      Which points to another bit of .com abuse, nissandriven not being the most obvious reference to Nissan Motor Company/Corporation presumably it's an advertising slogan...

  106. So would I, but... by fireboy1919 · · Score: 2

    according to the website (you have to dig a bit more than you did), he didn't do that.

    Check the site now. He's got some golf gear he sells, but no car stuff.

    --
    Mod me down and I will become more powerful than you can possibly imagine!
  107. Re:'Doh! by mekkab · · Score: 2

    The only other name you need to know is Charlie Watts... drummer extrordinaire.

    But you really only need to know that if yr a drum geek.

    I saw them in high school on the "voodoo lounge" tour and thought "oh yeah, this is their last time around" but I guess animatronic puppets have come a long way since 1994!

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  108. Tempest in a teapot.... by sakeneko · · Score: 2

    The lawyer was full of... stuff..., of course. But the REAL Bill Wyman handled this exactly as it should have been handled -- publicized it with precisely the right mixture of annoyance and amusement. The lawyer now looks like an idiot, and no harm has been done.

    Even better, the lawyer might well receive, in due course, a Cease and Desist letter from his own client, the Other Bill Wyman, who probably found out about this today and is not happy to have his lawyer make him look like an idiot.

    Would all foolish threats of legal action would provide such entertainment value and end so harmlessly....

  109. Will you accept co-? by burgburgburg · · Score: 2

    Fine. Co-founder, co-song writer, co-lead on a number of songs (Hungry Wolf, We're Desperate, The New World, True Love, I Must Not Think Bad Thoughts).

  110. and all I have running through my mind is... by Eneff · · Score: 2

    I am Emmitt Smith.

    how big does the company/entity have to be to assert "some are more equal than others" claims? Maybe we should just codify this kind of thing. You know, something like "If you have 5 million in the bank more than the defendant and you have the trademark for at least 5 years, you get the domain." It's no more fair, but at least there are no false claims to the contrary.

  111. Re:Represented by.. by tdelaney · · Score: 2

    This one *has* to be an accent-related one. I can't work out what it's meant to be.

    I can get "cheat em" ... but the others elude me.

    Could you please post it again, spelt phonetically?

  112. Re:Why .COM for a in individual? by BdosError · · Score: 3, Informative
    If you read either of the articles, you would see that:
    1. The man in the Nissan dispute runs a company via his domain, so .com is entirely reasonable.
    2. The Bill Wyman dispute is not a domain name issue.
    --
    Complexity is Easy. Simplicity is Hard.
  113. Well, does this hurt or help my repuation... by paranoic · · Score: 2

    to have the same last name of an accounting firm that has been convicted of a felony?

    Can I sue? That name has been in my family for a lot longer than that company has been in existence.

  114. Bill Wyman: Music industry stooge by andy@petdance.com · · Score: 2

    Bill Wyman wrote for the Chicago Reader back in the 90s. He was not loved. See Three Pandering Sluts And Their Music Industry Stooge, featuring the always-entertaining Steve Albini.

  115. Re:Sorry to say this... by Vuarnet · · Score: 2

    You mean "Only in the United States". Although I hear similar things happen in Canada, so maybe "Only in North America."

    Well it hasn't happened so frecuently here in Mexico, so maybe it happens "Only in Central-and-North-North America".

    --
    Tongue-tied and twisted, just an earth-bound misfit, I
    Learning to fly, Pink Floyd.
  116. Re:Listen up... by dh003i · · Score: 2

    You stupid idiot fuckwit, I have just as much to use my name for any venture in life I choose as does anyone else, whether they're already well known in an area or not.

    This isn't even about that. Bill Wyman is an intelligent writer, Bill Wyman a coked-up crackhead bassist idiot.

    If my name was Calvin Klein, it'd be perfectly fine for me to open a retail clothing store with something like "Calvin Klein's" on top of it. I, Calvin Klein, would have just as much right to use my name to further my endeavers as some rich snob named Calvin Klein.

    If Calvin Klein Co. doesn't like it, they're welcome to try to work it out with me, or try to clarify matters. They, however, have no right to force me to rename my store.

    Might does not make right. Just because they have a well-established name doesn't mean they can prevent other's who happen to have that name from birth from using their own name to further their endeavers.

    Sorry, but if I were named Calvin Klein, me using Calvin Klein to further my endeaver's doesn't violate Calvin Klein Co's rights. In fact, companies should have no rights; only individuals -- actual real people -- should have rights. Giving companies rights was as unconstitutional as allowing people to avoid personal responsibility for crimes by incorporating themselves.

  117. Re:What do you call a bleeding lawyer in a shark t by Cadre · · Score: 5, Funny

    Unfortunately the sharks will just leave the lawyer alone. It's professional courtesy.

    --
    All editorial writers ever do is come down from the hill after the battle is over and shoot the wounded.
  118. I suppose I'm next?! by Rohan427 · · Score: 2, Insightful

    My name is Paul G. Allen, PGA, the same as the co-founder of Microsoft. I don't know what the other Paul Allen's middle name is, but I do know that it starts with a G, just like mine.

    I suppose that just because we are both in the computer industry, and I can't stand using Microsoft products or services and am known for stating this fact, I'll be the next to be sued for using my own name online or elsewhere?

    Well, to Nissan Motors, Bill Wyman (the fake one), and anyone else who thinks they should have exclusive ownership to someone's name, dictionary word, or common everyday phrase. I say:

    Go to hell.

    Make us change our birth certificate and re-write the english language! Oh, and BTW, I'm claiming copyright on the words "the", "The", "a", "A", and "I" (and all variations of "I"), and the name "Allen" because they've been used by my family for hundreds of years (and I can prove it too!), so no one had better use them or I'll sue!

    PGA

  119. According to my law professor in Switzerland ... by snowtigger · · Score: 3, Interesting

    As a student in Computer science, we had to take a class in Intellectual Property.

    After buying my own domain (lastname.org), I asked this specific question: "Do I have to worry about someone coming to take away my domain name from me?"

    The answer was no. As long as I use it for my own use and do not infringe on today's copyright (if someone registers my lastname as a trademark later, I was first !)

    An important question when discussing IP is "who used it first ?" If someone else comes along later saying "this is my name", too bad for them.

  120. Unique names by wytcld · · Score: 2

    There is no one else in the world with my full name - and probably only one person (a first cousin) with the same first-last combo. It's really not that hard to give all children unique names, and will help the government track us unambiguously. Name duplication is a needless infringement on the uniqueness of the individual. Let's outlaw it. No more "George Bush"es!

    --
    "with their freedom lost all virtue lose" - Milton
  121. America by theolein · · Score: 2

    I don't mean this to be a bash aginst America but as I read this I thought that this sort of thing could only happen in the litigation happy US. Don't you Americans get seriously and violently angry with the power afforded to lawyers in your country?

  122. This reminds me of something I heard on the radio. by Jace+of+Fuse! · · Score: 3, Funny

    This morning, I heard a prank phone call from a local radio station to a guy named Harry Potter. They were pretending to be lawyers trying to cather up as many Harry Potters as they could for a class action suit against Warner Brothers.

    Of course it was all a joke, and the person named Harry Potter seemed to be okay with the fact that his name was now something of a household word. His wife even found great amusement in telling everyone her husband was indeed Harry Potter.

    It was mentioned that Harry Potter is quite a common name, and a web-search for people named Harry Potter would turn up quite a few people.

    Just something to think about.

    For the longest time I thought the name was "Hairy Potter" and it was about a hippy.

    --

    "Everything you know is wrong. (And stupid.)"

    Moderation Totals: Wrong=2, Stupid=3, Total=5.
  123. Courtesy by SofaMan · · Score: 4, Interesting

    I think it would have been nice if the Journalist BW had put a disclaimer on his Rolling Stones articles *as a courtesy* to prevent confusion, but no way in the world should he be forced to do so through threat of legal sanction. He has a greater claim to the name, in some ways.

    Conversely, it would be equally nice that should Musician BW decide to write anything, he specify he is not the Journalist BW.

    People overlook these things so often, by just leaping straight to legal threats and litigation. Had Musician BW (or his agent) just written a friendly letter to Journalist BW, asking him to consider qualifying his Rolling Stones articles as a courtesy, I'm sure it would have been readily agreed to. But no, people with lawyers always have to leap to the 'cease and desist'.

    By way of example, former British Prime Minister Winston Churchill once received a polite letter from an American writer of the same name, asking very nicely if PM Churchill could qualify his byline (PM Churchill was also a published author of some note) to make clear the difference between the two. PM Churchill instantly agreed (in a quite amusing reply letter) to always include his middle intial when publishing texts in the U.S. Both sides were satisfied, quickly and without lawyers, by using a bit of civility and commonsense.

    Doesn't seem to be as much of that about thesedays.

    --

    SofaMan -- Occasionally Battling Evil With His Mighty Powers Of Indolence.

  124. It's not about the domain. by mbrubeck · · Score: 2

    Bill Wyman the journalist has nothing to do with the billwyman.com domain. It is not a fan site. It is an official site, registered in the UK, presumably to associates of Bill Wyman the musician (Bill Wyman the journalist is in the US). The domain was not mentioned in the Slashdot article or the Atlanta Journal-Constitution article. Repeat after me: It's not about the domain. It's not about the domain. It's not about the domain...

  125. Your name's Michael Bolton? by teridon · · Score: 2
    --
    I hold it, that a little rebellion, now and then, is a good thing. -- Thomas Jefferson
    1. Re:Your name's Michael Bolton? by teridon · · Score: 2

      damn, shoulda posted this link.

      --
      I hold it, that a little rebellion, now and then, is a good thing. -- Thomas Jefferson
  126. Re:Trademarks? by octalgirl · · Score: 2

    I thought it had to do with trademarks? If the Rolling Stones Wyman is trademarked, there could be a real issue. But we are not talking about domain names here, because the Stones Wyman already has that site. In the case of Katie.com (the book about the first 13yr old girl to successfully get someone arrested for baiting her over the Internet, then molesting her) - The book is called Katie.com, but the web site katie.com is owned by a woman who had the domain for years. Since the book came out, she now gets bombarded with hits of ppl looking for the book. The books domain name is katieT.com. The woman has tried unsuccessfully to get the publisher to stop using katie.com as the title of the book, but because she never trademarked her own name (which I don't think you can do anyway?) the publisher has no worries. Bottom line, if it's not trademarked, it could just be a spitting contest.

    In another story, someone I know had a domain and received a C&D letter. The company who sent the letter did have a trademark which matched the domain name exactly, so the guy had to give it up.

  127. Germany != America. by autopr0n · · Score: 2

    While that kind of thing is apperantly common in Germany (including charging the person you're suing) I don't belive law firms can just go off and sue people on their clients behalf without their knowlage in the US.

    --
    autopr0n is like, down and stuff.
    1. Re:Germany != America. by KnightStalker · · Score: 2

      No one's been sued. The journalist only received a cease-and-desist.

      --
      * And remember, it's spelled N-e-t-s-c-a-p-e, but it's pronounced "Mozilla."
  128. What choice is there for an individual then? by freeweed · · Score: 2

    You weren't an ISP either, so .net isn't any more appropriate than .com would have been. The TLD naming guidelines haven't been enforced in years anyway, so who cares? Or, if you prefer, there IS no individual TLD, so by the old rules NO individual can register a domain.

    Either way, using this as criteria to settle court cases is absurd.

    Oh yeah, one more point - the article here has SFA to do with domain names. And if you were referring to the Nissan case, Uzi Nissan uses his domain to sell computers, so .com is perfectly appropriate.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    1. Re:What choice is there for an individual then? by Dionysus · · Score: 2

      Actually, I think they recently introduced the .name TLD.

      --
      Je ne parle pas francais.
  129. My friend 's name by dvNull · · Score: 3, Funny

    My friends name is Russell Nash. Now after reading this article i told him he should probably hide or start the battle now .. since well u know .. "There can be only one"

    dvNuLL

  130. Re:Sorry to say this... by Peyna · · Score: 2

    Yeah, I wasn't sure about Mexico so I excluded it, but I couldn't think of a good way to say "Canada and the US".

    --
    What?
  131. Re:Listen up... by (void*) · · Score: 2
    I am sorry, but in the real world, Calvin Klein would spend $1 million, which is about 1 percent of his net worth to negotiate and get the other guy to change his business name. There, problem solved.


    There should not be any general principle about who should win the case. Real businessmen know how to work around such problems. It's the idiots like you that should leave the game and be a janitor or soemthing. As if every and any ambiguity in the law should be clarified with a rule. Ridiculous.

  132. Re:What do you call a bleeding lawyer in a shark t by Robotech_Master · · Score: 2

    You might find this website interesting: the True Stella Awards, put together by Randy "This Is True" Cassingham. Every week, he writes up another ludicrous lawsuit.

    --
    Editor Emeritus and Senior Writer, TeleRead.org
  133. Malicious strategies... by dimension6 · · Score: 2, Interesting

    I imagine a bleak future in which parents will name their children strategically, trying to predict the new and hottest up-and-coming businesses and grabbing their URL before the company does (in the name of our child!).

  134. public voting for domain name rights by Anonymous Coward · · Score: 2, Interesting

    why not letting the internet community decide on who should get the domain. this is not something for the courts to decide.

    if people would like to get to nissan by using nissan.com then they will vote for it.

  135. A fair way to resolve this..... by scharkalvin · · Score: 4, Insightful

    Force Nissan to accept the url NissanMotors.com.
    Force Nissan computers to accept NissanComputer.com
    Remove Nissan.com from the registery for 5 years and let this
    thing cool off. Force Nissan motors to pay ALL the legal
    fees for both parties.

    Anyway he still has Nissan.net.

    King Salomen has spoken.

  136. Re:What do you call a bleeding lawyer in a shark t by barc0001 · · Score: 3, Interesting

    Actually, YES THEY DO. A lot of times a lawyer is retained to "protect trademarks and copyrights", and then they just go off hell-bent to do it without further direction from their retainee. I recall a good while back one of Microsoft's law firms went around cooking up business for itself by deleting the mouse driver off a laptop, walking around to computer retailers and seeing which ones would install the mouse driver to help them out. The ones that did got letters in the mail about their "illegal piracy" (since the mouse driver was copyrighted), and demanded a settlement of $5000 or some damn thing, a portion of which went to the law firm, the rest to M$. It later came out that Microsoft themselves had no idea their firm had taken it upon themselves to do this, and told them to stop when the negative publicity started piling up. This lawyer for Wyman probably is proceeding along similar lines to "defend" his client proactively (and of course bill for his time....)

  137. Re:What do you call a bleeding lawyer in a shark t by jedidiah · · Score: 2

    There are plenty of examples from history to draw upon to justify "people" versus "US". "A History of Britain" is a contemporary and rather convenient video source. I am sure there are many more.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  138. "ZIP" Airline by Jetson · · Score: 2

    Air Canada recently renamed one of its subsidiary airlines "ZIP" and then tried to bully zip.com (a postal-code database provider) into giving up the domain name. The domain owner said that he would be willing to give up the domain name if Air Canada would cover the legal and administrative costs of renaming the business -- less than $100,000. Air Canada refused to pay, and threatened to sue for cyber-squatting (in spite of the fact that the zip.com business is real). Meanwhile the zip.com website started getting hits from travellers looking to book flights. So of course zip.com placed a prominent link on their page directing ZIP Air customers to www.westjet.com, the prominent discount competitor to Air Canada. :-P I see that the link is no longer present, so I assume Air Canada abandoned its claim. ZIP Air is now advertising "4321zip.com" rather heavily in Canada.

  139. Re:Listen up... by SPYvSPY · · Score: 2

    Ha ha, you smarmy ass-sniffing twat-licker. Everything you have just said is not only dumb, but also wrong.

  140. Hate to tell you, but... by MacAndrew · · Score: 2

    ...if you're a Yank like me, you already have a unique and arbitrary numerical identifier -- your social security number. Yes, no "Jr." allowed, indeed I believe you cannot tell heredity from the SSN alone.

    Just be glad they haven't barcoded it into your forehead for airport security -- yet.

    1. Re:Hate to tell you, but... by scrain · · Score: 2

      Definitely not always safe to assume. When I was 13 or so, the SSA sent my SSN to ~4000 people, including the sister of a friend of mine.

      And they were even nice enough to refuse to grant me a new one, changing all the mis-sent ones instead.

      I always wonder when I'm going to find like 200 names on my credit record. Then again, my credit sucks. I'm probably screwing them all over. =)

    2. Re:Hate to tell you, but... by MacAndrew · · Score: 2

      4000 CLONES?!? My God. Do you live near Roswell?

      The part I find least credible is your idea that the government could make a mistake. What's the old line about the great advance of technology being the ability to magnify a little typo into a staggering error?

      Sorry to hear of your identity crisis. Before now, I've never heard of people getting duplicate SSN's. OK, I'll revise what I wrote: the SSN is intended to be a unique arbitrary identifier (or is it arbitrary? is something coded into those numbers? hmm).

  141. Re:Listen up... by dh003i · · Score: 2

    The law also used to say that women were walking incubators and didn't have the right to choose. It also used to say that African American's were "2/3rds humans" and that they were "property". When the law is wrong, it deserves no heed nor respect, but should outrightly be ignored as crap.

  142. In other news.... by dh003i · · Score: 5, Funny

    In other news, McDonnell, world-renowned maker of fighter jets including the F-15, has decided to sue McDonalds, world-renown maker of fried heart-attack hamburgers.

    McDonnell is apparently worried that the US Government, intending to go to McDonnell.com and buy an airplane, will instead go to McDonalds.com and buy a Happy Meal.

    "Naturally," a McDonnell representative said, "We don't want McDonalds taking advantage of our good name and making 15 million dollars on a Happy Meal because the US Government got confused."

    McDonald's has filed counter-suite, claiming that a family wanting to buy a happy-meal for $4.50 will become confused, walk into McDonnell Corp and buy a F-15 for $4.5 Million.

    "Obviously," a McDonald's spokesperson said, "there is a great potential for consumer-confusion here. We just want to make sure that consumers intending to buy a Happy Meal will buy a Happy Meal and not an air-plane."

  143. Re:What do you call a bleeding lawyer in a shark t by Shelled · · Score: 2
    ....I am now convinced that our species will not survive past the next century.

    The really scary part is we were much worse. It's amazing we got this far.

  144. seriously by RestiffBard · · Score: 2

    where do these fuckwads come from?

    as the late great bill hicks once said, "just kill yourself"

    --
    - /* dead coders leave no comments */
  145. Re:What do you call a bleeding lawyer in a shark t by fferreres · · Score: 4, Insightful

    Commercial law, when you are a rich country, is about how to divide the pie, not how to create it. So it makes sense for any individual or company to sue whoever if they have a case. If Mr. Nissan is preventing Nissan to use a domain that is important to them (and it IS very important, the first thing you WILL try is www.nissan.com) and he is not willing to sell it, they (for business reasons) have to sue. And get the best lawers of course.

    So everything rests on what the law is, who can buy it and who your judges represent. Don't blame the lawers, they are just leechs playing for commercial entities the game of dividing the pie.

    I mean: get GOOD judges, and support GOOD laws. That's the only way to keep sue-happiness from raping your rights.

    --
    unfinished: (adj.)
  146. Re:Represented by.. by kubrick · · Score: 2

    Do we cheat 'em? And how!

    I think it's a gag from a Marx Bros. movie. :)

    --
    deus does not exist but if he does
  147. Loser Pays by driptray · · Score: 2, Interesting

    My reaction to learning how all this works was to suggest that our system should be more like the British system, where the loser pays the legal fees. That would stop these nuisance suits. But it also effectively stops private indivuals from suing large corporations.

    How many private individuals successfully sue large corporations in the US? Not many, huh?

    Moving to a loser pays system will not make this sad fact appreciably worse. Under a loser pays system, private individuals will have no problems raising the necessary legal firepower to take on Nasty Large Corporation in a fair fight if their case is strong. In such a situation, the risk of the plaintiff losing is minimal, and Nasty Large Corporation will probably settle, or if spectacularly pigheaded, fight the case and lose.

    If the plaintiff's case is weak or borderline, they probably won't take the risk of losing, and this is the only real drawback of the loser pays system. I'd consider it a small price to pay for being immune to nuisance suits. Remember, those nuisance suits are just as likely to be a case of Nasty Large Corporation preying on a poor helpless individual.

  148. Re:'Doh! by gmhowell · · Score: 3

    Charlie Watts is like the portrait of Dorian Gray. No, not Dorian Gray; the portrait.

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  149. Simple solution! by Reziac · · Score: 2

    Make all lawyers work for minimum wage!! That way when you get your next C&D letter, you'll be able to afford the very best, just like the big boys!

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  150. RTF Replies! Of course no one RTFA! by Caractacus+Potts · · Score: 2

    Its amazing how many people replied without RTFA and immediately started blabbering...

    It's even more amazing how many times people feel compelled to point this out. Geez, can we get a few REDUNDANT moderations for these people instead of Insightful?!? Sorry for picking on your post, but it was at least the 20th one dedicated to RTFA.

  151. It could be worse.. by Reziac · · Score: 2

    I know a guy who went googling for his own name, and discovered that he was dead!!

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  152. Re:Represented by.. by tdelaney · · Score: 2

    Ah - thought it must be a problem with accents.

    "Dewey" is pronounced "jew-ee" where I am ... not "do-ee".

    As in "Hugh-ee", "Jew-ee" and "Loo-ee".

    Thanks.

  153. give TLDs meaning again by Tom · · Score: 2

    Why not make a simple deal: The corporations can have .com (it was made for them) if and only if they keep their greedy claws off .org

    --
    Assorted stuff I do sometimes: Lemuria.org
  154. Apparently no one actually *watched* Spider-Man... by Cl1mh4224rd · · Score: 2, Funny

    "[...] It's slander when it's spoken. In print, it's libel."

    --
    People will pass up steak once a week, for crap every day.
  155. haha! by mekkab · · Score: 2

    Too right, my man, too right! On like EVERY level!

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  156. It doesn't matter how old or young a person is by mark-t · · Score: 2
    A given name is a persons birthright, and they cannot be forced to discontinue using it or be forced to offer disclaimers simply on their usage of their own name. Someone needs to wake these lawyers up and remind of this fact. It does not matter even if a person was born after someone with the name and perhaps was named after someone famous. Your given name is your legal property, and you can use it however you want.

    That in mind, consider that it *is* still against the law to actually impersonate someone else with intent to commit fraud. The operative term here however, is INTENT... and since a person does not choose their own given name, there is no legitimate reason to suspect intent.

    Maybe they should sue the parents. Oh, THAT'D go over well... "Yah, let's sue the parents for naming their kid after us: it's clearly an attempt to profit from our good name." NOT!!!

  157. Re:What do you call a bleeding lawyer in a shark t by plover · · Score: 2
    Q: What do you call a bleeding lawyer in a shark tank?

    A: Chum.

    "Tank you, I'll be here all ze veek."

    --
    John
  158. Nissan Motors Unlawfully Overreach Trademark by Garry+Anderson · · Score: 2

    They authorities know the solution.

    When Nissan Motors tried to take nissan.com from Mr Nissan, their spokesman said "We registered nissancomputer.com and offered it to him for free, but he has no interest in being Nissan Computer -- his real name"

    They have nissanmotors.com - so is it not EXACTLY the same as them having no interest in being Nissan Motors -- their real name.

    IANAL but Nissan act unlawfully by overreaching their trademark - they cannot claim all occurances of the word 'nissan'. It is against Competition Law for them to prevent others from doing using the word in business - if they are not acting unlawfully (which Mr Nissan is not).

    Quote from European Competition Law:

    2. Abuses of dominant position (Article 82)

    2.2. What are the prohibited practices under Article 82?
    c) Abuse of intellectual property rights The mere existence of a patent, trademark or copyright is not sufficient to establish a dominant position.

    Like I say, the authorities know the solution to trademark conflict and consumer confusion on the Internet. It is therefore logical to conclude that the US DoC, ICANN and UN WIPO are dishonest (to say the least), as they hide the answer (ratified by honest attorneys).

    Please visit WIPO.org.uk to see it. Not associated with corrupt United Nations !

  159. People wonder about me... by dacarr · · Score: 2

    I was born "Dennis Carr", and yet people find it strange that I don't own any sort of internal combustion vehicles.

    --
    This sig no verb.
  160. Re:And the winner is.. marklar by balloonhead · · Score: 2
    I agree. I'm still laughing. If only I had mod points, but despite my excellent karma (how, I don't know) and membership for about a year, still none. Have I offended someone?

    --
    This idea was invented by Shampoo.