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Battle over earth.com

Charles Bronson writes "A Mass. clothing company who's producing a new line of footware called 'Earth Shoes,' has filed suit against hobbyist Tony Saunders, who owns operates earth.com. Despite the fact that he does not conduct commerce and he has been using earth.com since 1994, some years prior to the existance of Earth Shoes, the company claims that he is infringing upon their trademark. What trademark? Well, in 1984, the company alledgly trademarked 'Earth' and 'Earth Shoe.'"

86 comments

  1. My dad wore em, but my Mom threw em out... by Anonymous Coward · · Score: 0

    My dad was an earth shoe advocate, and kept
    them in his closet for 10 years. Finally,
    my mom got em though.....

    Just thought I would share this nonsense with ya:)

  2. Earth???? by Anonymous Coward · · Score: 0

    I don't see how the word Earth can be trademarked. It's too generic of a word. That would be like trying to trademark any other one word noun in the english language.

  3. when will companies learn... by Anonymous Coward · · Score: 0

    that trying to trademark common words and names
    just isnt possible...

  4. Articles! by Anonymous Coward · · Score: 0

    Wow, if I trademarked all *the* articles in *th* English language, I'd get *a* ton of royalties! :/

  5. So Stupid by Anonymous Coward · · Score: 0

    I wore earthshoes in the 70s and looked like a goof in grammer school. How could the company trademark them in the 80s?

    When you think about what they make (dumb shoes) it makes sense they would fight like this. They're goofs.

    Ron Rangel

  6. HOW DO WE CONTACT EARTH SHOE by Anonymous Coward · · Score: 0

    Let's tell them what we think
    about their actions, good or
    bad.

    This guy can't afford an attorney.

    Let's change the rules.

    /.

  7. when will companies learn... by Anonymous Coward · · Score: 0

    Like Windows? Seriously though. Why don't they go after earthshoe.com instead? That seems to be a better domain. I would have no idea that earth.com would be a shoe company anymore than I thought saturn.com would be Saturn car company.. make it saturncars.com or something.

  8. And you made a good point... by Anonymous Coward · · Score: 0

    The compensation for legal fees is necessary
    if you want the legal system to make any sense.
    As it is anyone with money to burn can use the
    legal system to humiliate a person that has not
    (or lacks the time to deal with that ).
    Of course lawers are against such automatic
    compensation because it will cut the number of
    cases imensly...

  9. all reporting parties please check dates! by Anonymous Coward · · Score: 0

    news.com says the trademark was acquired 1985, but the context of the article indicates that Mondial acquired the trademark after Sanders obtained the earth.com domain in 1994. So, 1985 is probably a typo and should be 1995. Where'd Charles Bronson get 1984 from?

  10. Hmm?\ by Anonymous Coward · · Score: 0

    Apparently Earth shoes is impinging on another set of tradmarks and should expect a lawsuit to be filed against THEM. The "Unified Union of Brain Damaged and Crack Addicts" feels this lawsuit against earth.com infringes on their IP also.

    teasea@work sans password.

  11. Time to move to Mars(TM) by Anonymous Coward · · Score: 0

    There's got to be an uranus.gov or an uranus.mil out there somewhere.:-)

    Hmmm, I work at a .mil site. I guess I'll name our next computer uranus.xxxx.xxxx.mil. Let's see, nslookup, ... nope, name not taken. I bet our network folks will probably reject it.

  12. Attn: Slashdotters by Anonymous Coward · · Score: 0

    This message is serving as general notice that I have applied to patent a process where oxygen it taken, used in a cellular process to extract 3ap from carbohydrate molecules and produces carbon dioxide as a byproduct.

    From now on, all persons wanting to employ this process must obtain my specific consent (at a fair licensing fee to recoup my R&D investment) or face severe legal action.

    Thank you for your acknowledgement.

  13. Earth by Anonymous Coward · · Score: 0

    I heard about this planet named Earth, it should probably change its name so it doesn't infringe on Earth Shoes patent.

  14. Contact addresses PLEASE by Anonymous Coward · · Score: 0

    Anybody have some decent contact addresses for these fuckers? I've sent nastygrams to Colgate-Palmolive, Nintendo, Archie Comics, oh, and about a dozen others that I can't recall now...would be nice to add these [probable cigarette smoking NT using Superbowl watching] MOTHERFUCKERS! :-)

  15. Nope, Earth by Anonymous Coward · · Score: 0

    Earth Shoes were indeed as he described. If
    Root Shoes were also that way, that's fine,
    but it does not mean the original poster was
    wrong.

  16. SlashDot infringes on TradeMarks!!! by Anonymous Coward · · Score: 0

    NOTICE:
    Sun has TradeMarked DOT (as in the dot in "dot com")! and YOU (slashDOT) are in VIOLATION of Sun's TRADEMARK!!! anyone who uses a "." or the word "dot", "Dot", or "DOT" is in DIRECT violation of Sun's TradeMark! Therefore anyone writing a sentance must now ask in writing to use the "." character! from now on all sentances must end with a "!" character!

    NOTICE:
    that the "Java-Jacket" coffee cup holder is in VIOLATION of the "Java" trademark! a Law suit is pending that will sue anyone who has drunk coffee and called it "Java".

    NOTICE:
    the initials "MS" are trademark of Microsoft! the the disease formerly known as MS (Multiple-Sclerosis) will have to be re-named!

    NOTICE:
    The Apple is a TradeMark of Apple computers... any image depicting an apple, or anyone eating an apple will have to have written permission from Apple.

    NOTICE:
    VA is a trademark of Viagra Associated Research. VA Research must forfiet the url: varesearch!

    NOTICE:
    Bill is a Trademark of Bill Gates! all URLs with Bill in them Must forfiet!

  17. Space by Anonymous Coward · · Score: 0

    How can someone own the word "Earth"? this is amazing. If earth.com doesn't sell shoes, there should legally be no problem.

  18. My take on Trademark law... by Anonymous Coward · · Score: 0

    As I understand it, and be warned, I am not trademark lawyer, but I thought trademark is generally a contextual thing.

    I can trademark the word 'Goldfish' in relation to software publication... So my (imaginary) company Goldfish Software Inc., can sue Goldfish Developments when they use my trademark, 'goldfish' in conjunction with software publishing activities, or more specifically, using my trademark, unfairly in competition against me.

    However Goldfish Records is safe unless they start to publish software...

    That applys also to using other people's trademarks in advertising... I can use the Trademark 'Microsoft' in my advertising, as long as I disclaim 'Microsoft, Windows and Excel are Trademarks of the Microsoft Corporation' and that I am not using their trademark unfairly to attract extra business in competition with them.

    -- Like I said I am not a Trademark lawyer, but I have read up on a little law in that area, and those are basically my conclusions...

    Therefore, it is difficult to believe that Earth Shoes or whoever can claim trademark infringement from a sole-trader who is using the word earth in a completely non-competitive way, in a different market (if anyone asks he sells used fruit :)) the trademark 'Earth' does not extend to that usage.

    Anonymous only because I forget my password and am too lazy to do anything about it...

    Sycophant, dylan@linux.net.nz

  19. Contact addresses PLEASE by Anonymous Coward · · Score: 0

    If *do* get an address for them, say 1234 Moron Way, it would be a cool idea to trademark "1234 Moron Way Shoes".
    If an occupied address can be "owned" as part of late trademark process, wouldn't Earth Shoes then have to move? Could be a lot of fun...

  20. Enough is enough by Anonymous Coward · · Score: 0

    Time to remove DNS as a bad idea and go back to standard dotted quad addressing. It's apparently the only way to satisfy all these companies.

  21. hmm.. by Anonymous Coward · · Score: 0

    All this time, we were afraid that Bill Gates would take over the earth.

    Instead, we find that a measly shoe company has.

    (not anon, just not logged on)
    -cswiii

  22. Aren't there a lot of these incidents recently? by Anonymous Coward · · Score: 0

    I heard mention somewhere that in order to keep a trademark you have to prove that you defend it every so many years. Maybe these lawsuits aren't intended to be won, but just intended to have documentation that a trademark is being "actively defended" ? I could see maybe toys r us being a bastardly company and thinking all X R US names belong to them, but I really can't see that Earth Shoes would have any even remotely legitimate claim to earth.com. I also can't see that Archie comics would have any claim to veronica.org. Would they have tried this if earth.com was owned by a large environmental activist group? Is there some kind of legal clause that says that taking anyone at all to court over trademark matters gains them something?

  23. Other Companies that have the Trademark on "Earth" by Anonymous Coward · · Score: 0

    Mondial comes up #2 in my list (not ordered in any way)...

    1.® Kalmbach Publishing Co.
    2.® Mondial Trading Co. Ltd.
    3.® Escuela de Agricultura de la Region Tropical Humeda
    4.® NIAGARA CONSERVATION CORP.
    5.® Kalmbach Publishing Co.
    6.® SHEPHERD MACHINERY CO.
    7.® TONUS, INC.
    8.® EARTH CHEMICAL COMPANY, LTD.

  24. Tony Sanders by Anonymous Coward · · Score: 0

    Did anyone else notice that Tony Sanders is the developer of image maps? He also helped develop the CGI spec, and wrote the first HTTP/1.0 compliant web server.

  25. Thanks for the links, dude. by Anonymous Coward · · Score: 0

    Finally an adult posts on slashdot.

  26. Wow...thank God I'm Canadian. by Anonymous Coward · · Score: 0

    I thought the U.S. already had that sort of compensation. We have it up here...and yes...there are a lot less of these frivolous, abusive suits.

  27. Enough is enough by Anonymous Coward · · Score: 0

    Yes, but then who gets the _Cool_ numbers?

  28. Dear Lord help us... by Anonymous Coward · · Score: 0

    I hope the judge just laughs these guys and their "claim" out into the street and the gutter where it belongs. Gee, lets go trademark a bunch of url names after the fact and sue them. While we are at it, let's patent the idea of using a trademark as a domain name to sue all the big companies too, like ibm and microsoft and...

  29. EDUCATE YOURSELVES!!! by Anonymous Coward · · Score: 0



    Reading from http://www.nolo.com/PCTM/4overview.html:

    ---
    By contrast, marks that consist of common or ordinary words are not considered to be inherently
    distinctive, absent a showing that consumers recognize them because of their long use. Such weak
    marks receive less protection under federal or state laws. Typical examples of common or
    ordinary words are:

    people's names (Pete's Muffins, Smith Graphics)

    geographic terms (Northern Dairy, Central Insect Control), and
    ---

    Hold on a sec.

    Isn't "earth" about as geographic a term as you can get?



    Perpetual Newbie

  30. My dad wore em, but my Mom threw em out... by Anonymous Coward · · Score: 0

    I had my pair in the early 70s. They had the heels lower than the toe section. Supposed to emulate 'natural' walking on a beach. Ever notice how much more work it is to walk on sand, compared to, say, packed earth?

    Earth shoes made walking feel like slogging through sand. Did stretch the achilles tendon though. Only thing dumber were platform shoes. I had a pair of those too. You had to be there.

    The point is, the product predates this company's copyright application. There was an Earth Shoe in the early to mid 1970s.

  31. Earth???? by Anonymous Coward · · Score: 0

    Actually Appple computers licensed the name from Apple Corp. with the agreement that they could not enter the music business. Apple also licensed Macintosh from the manufacturer of Macintosh Amplifiers.

  32. Mr. Show by Anonymous Coward · · Score: 0

    Anyone who watched "Mr. Show" will find great laughter when they read this article.

  33. No Subject Given by Anonymous Coward · · Score: 0

    ...would you buy a shoe from this company Earth Shoe? How much are you worth? Earth Shoe workers unite, you are pathetic.

  34. Hmm... by Anonymous Coward · · Score: 0

    I wonder if I can trademark the word "shoe" and slam a multimillion-dollar lawsuit on Earth Shoes?

  35. The other side of the coin. by Anonymous Coward · · Score: 0

    This is true. What we need to do is avoid statutory tort reform and just get judges on the bench who have an ouce of common sense. The judge should simply be able to, in the case of a frivilous lawsuit, issue a verdict commanding the plaintiff to compensate the defendant for all costs incurred by the suit. He should not, however, be required to do so by statutory law.

    Common law is a much more reasonable solution to most problems than statutory law. A "one-size-fits-all" bill passed by a legislature simply can have too many loopholes for it to be worthwile, and simply ends up costing everyone money instead. Regulatory commissions are also unnessecary to this end. If a business is somehow defrauding its customers or somehow causing the customer to incur damages unbeknownst to him at the time of the use of the product, a simple lawsuit and verdict is a much better remedy than statutory interference.

  36. Kill them all, let God sort them out by Anonymous Coward · · Score: 0

    We need to hunt these @#$%ers down, rip off their nipples and beat them to death with the wet end. This copyrighting smeg is getting old.

    So how long before we need millions of dollars just to have a conversation with our neighbor?

  37. Lame by Anonymous Coward · · Score: 0

    Didn't this used to belong to some kind of porn site until NASA spanked them into oblivion? :)

  38. What? by Anonymous Coward · · Score: 0

    Huh?

  39. EDUCATE YOURSELVES!!! by Anonymous Coward · · Score: 0

    So you're saying I should be able to trademark a name after now that already has a url in use and THEN go back and sue them for using my name? I don't care what you want to call it, I call it wrong...

  40. Text Online: www.earth.com/underfire/complaint.txt by Anonymous Coward · · Score: 0

    So when will you countersue?

    I'll gladly assist you in posting a boycott anouncement for Earth Shoes and Earth Wear. They brought it on themselves. Let's finish it together.

    honorable1@hotmail.com


  41. hmm.. by Mathieu+Lu · · Score: 1

    If big stupid companies keep up the paste, let's say I register the domain name "www.i_love_vodka.com", will I get sued in 4-5 months because a company claims to own the rights to the expression "i love vodka" ?

  42. when will companies learn... by whoop · · Score: 1

    When? Well my unedjicated guess would be when the trademark office starts saying "No! You can't trademark that!!" and then hit a button under their desk and the people fall down the trap door and are eaten alive by a pack of lions.

    If that doesn't happen, I don't see any end to these patent/trademark issues Slashdot is always posting.

  43. Don't worry about Earth -- it's mostly harmless by whoop · · Score: 1

    No! Earth has gotten away with this blatent abuse of this obvious trademark for far too long already. It's about time those inhabitants paid for what's rightfully this shoe company's trademark.

  44. all reporting parties please check dates! by whoop · · Score: 1

    The earth.com guy says Mondial bought the name which some other company registered in '85 after he registered earth.com in '94.

    That's what I got out of it anyway.

  45. Enough is enough by whoop · · Score: 1

    Then we'll have people just registering numbers. IBM will sue anyone with '123' in their IP. That reminds me, better sign up for some trademarks on all the digits. That'll cover me.

  46. Earth???? by James+Renken · · Score: 1

    Amusingly enough, Apple Records once tried to sue Apple Computer. If I recall correctly, Apple Computer agreed that their computers would never be used as recording devices...that's where the system sound "Sosumi" comes from.

  47. (yes really) Thank you all for your support!(more) by gavinhall · · Score: 1

    Posted by Tony.Sanders:

    You cannot imagine how much better my day is bacause of all the supportive messages I have read. The humor has helped a lot also.
    Here is one in return:
    Doh! They spelled my name wrong!
    It's "Sanders".

    If this forum is still around tomorrow I will post some of the details that people seem to be confused about. As you might expect I tried to spend this weekend *not* thinking about this so I didn't bring home my special copy of "The Complaint" papers this weekend.

    For those wishing to look into this topic more there are several good sites out there.

    www.domain-name.org
    Domain Name Rights Coalition
    www.domains.org
    American Association of Domain Names
    lawoffices.net/tradedom/sempap.htm
    Domain Names and Dilution
    www6.annap.infi.net/~jwaldron/overview.html
    Trademark act of 1946 (amended 1994)

    I will clarify some of the non-technical bits:

    The lawyer for Mondial contacted me late last year. He said his client had a trademark on "Earth" and they wanted the domain. We didn't agree. Earlier this year he called again and threatened legal action, I asked to speak with someone at Mondial, he said ok but they never called.

    Monday Feb 12, 1999 I was served papers (A Summons) filed in Mass. and stamped Nov 1998. It's 6 pages, plus an ugly print out of one of my web pages and a few trademark registration papers (one for Earth Shoe and 2 for Earth, the older of which, I was told by their lawyer, they had recently acquired).

    I will post the lawyers contact info when I verify that it's within my rights to do so (I don't want to get sued again). But since the papers were filed with the court in Mass. you should be able to figure it out with a phone call.

  48. Text Online: www.earth.com/underfire/complaint.txt by gavinhall · · Score: 1

    Posted by Tony.Sanders:

    Ok, there is the text of the lawsuit.

    www.earth.com/underfire/complaint.txt

    I'm missing the exhibits which are my whois info, a print out of my "about earth.com" web page and the trademark registrations which can be had from http://trademarks.uspto.gov/ -- in other words, stuff that is already online.

    I hope a couple of people will pick it up and mirror it in case my site goes down and I hope
    that people will continue to spread the word about this.

    -- Sanders

    Brilliance is typically the act of an individual, but incredible stupidity can usually be traced to an organization. -- "More Programming Pearls", Jon Bentley

  49. First come first serve by tugrul · · Score: 1

    I think that first come first serve is the only fair way to deal with domain names. Its just too much of a pain and too costly any other way.

  50. Humour by sjames · · Score: 1

    Go to Yahoo, and search on Mondial.

    I found 63 different Mondials in various businesses (including footwear). Methinks they should be careful where they tread (sorry) unless they would like the same treatment.

    In fact, I did mistake one of the links for them (turned out to be a shoe componants company based in Italy). Seems they may be ACTUALLY diluting someone's trademark themselves!

    Unfortunatly, none of those hits appear to be the relevant party so I still don't know where to send the nastygram.

  51. Why not... by jd · · Score: 1

    Launch a counter-suit, claiming harassment. (The company -knows- you can't trademark common names, so their suit surely counts as harassment.) Might as well throw one in for damaging property, too. (A site name is property, and associating it with those shoes is probably damage.) Chances are, the company is playing chicken with the legal system (who folds last, wins) - so raise the stakes.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  52. Earth Shoes by peter+hoffman · · Score: 1

    If I remember correctly, "Earth Shoes" were designed in 1957 by a Scandanavian yoga instructor. They were first sold in the U.S. in 1970 and they reached their peak of popularity in 1974. The company went bankrupt in 1977.

    They were made with low heels and wide toes and were intended to more closely conform to the "natural" requirements of the foot.

    It is so '90s that the '70s are being rehashed for profit by corporations with uptight lawyers.

  53. Will God be (TM) (R) (C)? duh. Obviously TM by Derek+Pomery · · Score: 1

    G. O. D.
    Guaranteed overnight delivery.
    You see their trucks on the road all the time. I'm surprised they don't have the domain www.god.com yet...

    --
    -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
  54. nasa.com owned by suck.org by Acheron · · Score: 1

    No, this isn't a joke. nasa.com is really owned by the people who own suck.org Here's the whois entry:

    Owner:
    The Epicenter Network


    Address:
    1344 Broadway, Suite 211
    Hewlett, New York 11557
    US


    Last Updated:
    August 18, 1997


    Administrative Contact:
    SUCK-Domain Holdings (HNH2-ORG) operations@SUCK.ORG
    800-697-2437
    Fax- - 800-697-2437


    Technical Contact, Zone Contact:
    SUCK-Auditing (HNA-ORG) audit@SUCK.ORG
    800-697-2437
    Fax- - 800-697-2437


    Billing Contact:
    SUCK-Domain Billing (HNB-ORG) payables@SUCK.ORG
    800-697-2437
    Fax- - 800-697-2437


    Name Servers:
    NS1.SUCK.ORG 205.166.250.23
    NS2.SUCK.ORG 205.166.250.33

  55. 'whois EARTHSHOES.COM'? by Robert+Bowles · · Score: 1

    It looks like they reserved earthshoes.com and earthshoes.net. back in Oct.1998 (but they still haven't set up any names or sites).

    --
    /* MAGIC THEATRE
    ENTRANCE NOT FOR EVERYBODY
    MADMEN ONLY */
  56. If I could get my way.. by Quazi · · Score: 1

    Of all the plain-sounding names out there, nither time.com nor earth.com talk about Time or the Earth. I think the NIST in Boulder, Colorado ought to get time.com. As for earth.com -- cdrom.com ought to get it.

  57. Trademarked in 1984 I think NOT by derGott · · Score: 1
    According to Mondial's complaint, the company acquired 1985 trademarks for the terms "Earth" and "Earth Shoe."
    According to the U.S. Patent and Trademark Office the trademarks EARTH and EARTH SHOE were filed on 20 July 1994 and were not registered until 15 December 1998

    Earth Shoe
    Earth
    US PATENT AND TRADEMARK OFFICE

    Don't need a lawyer on this case. Unless of course you want to counter sue for malicious prosecution :-) Ok, so I'm not a lawyer, but this looks like another case of a company trying to bully around the little guy. Will they never learn? Mike
    derGott, God of nothing
  58. Earth Shoes are a 70's artifact by MinusOne · · Score: 1

    They were shoes that had the heel slightly lower than the toe. It wasn't a huge difference, and there was supposedly had some health benefit to this arrangement - better posture, more foot comfort or something. I was a kid in the mid-70's when they made a big media splash. I thought they sank without a trace in the 80's, but I guess I was wrong.

    Eric

  59. Contact addresses PLEASE by httptech · · Score: 1
    The internic contact for earthshoes.com is Michel Meynard, supposedly michel@mminc.com, except mminc.com doesn't resolve. Reportedly it's the site of Michel Meynard Inc. of Massachusetts.

    A search on Four11 turns up the following addy for a Michel J Meynard in Massachusetts: 102414.567@compuserve.com, odds are it's him. No telling if it's still a current address though.

    I can't find any direct connection between MM and Mondial, so no telling what this guy's role is. He may just be the web developer, but from the sound of "Michel Meynard Inc." he sounds just like the kind of ego-maniac that thinks he can trademark the word "Earth". That's just my opinion though.

  60. Earth's new name by unitron · · Score: 1

    If you think about it, any inhabited planet even remotely like this one is probably named something that translates to "dirt".

    --

    I see even classic Slashdot is now pretty much unusable on dial up anymore.

  61. Earth Shoes from the 70's by Orp · · Score: 1

    As has been noted, Earth Shoes were in their heyday in the '70s. I've been scanning in old newsletters from WORT (Madison, WI community radio station) as part of an archival project, and there are several Earth Shoes ads in those newsletters. If anyone's interested see this link as well as some of the other newsletter links, they're logically named. Beware, the images are kinda big (~400 KB or so) and I'm not done cleaning them up. From the brief news.com article it appears this new company ``acquired the [Earth Shoes] trademark'', which probably means the old Earth Shoes trademark was no longer valid, or the new company bought it. My honey tells me the original Earth Shoes were uncomfortable as hell. They sure were ugly!

    Leigh

    --
    A squid eating dough in a polyethylene bag is fast and bulbous, got me?
  62. Time to move to Mars(TM) by MrDarkguy · · Score: 1

    Oops. Candy bar. Pluto(TM)'s taken too. (Disney character)...Saturn(TM) and Mercury(TM) are out. Damn cars. Jupiter, anyone?

    No matter how you slice it, Nasa is screwed.



    --
    "What do you mean, invalid parameters? 9000Gigs of RAM and it can't answer a simple question!" -- Earthworm Jim
  63. I'm gonna... by BiLlCaT · · Score: 1

    trademark 'com' 'org' and 'net' and sue every person who holds a domain on the 'net. the insanity must end! mandatory death penalty for idiocy!

    --
    the amazing bc
    just another guy doing IT
    webnaut, music junkie, holes-in-head
  64. We Come From Ear-... er.. um.... uh... hmm.... by Seumas · · Score: 1
    Come now... If you have the balls to copyright 'Earth' in the early 1980's, it ought to be balanced with the wisdom to spend under $100 to register the domain.

    Time after time, people who have just stumbled onto this whole "internet thing" fail to understand that this medium is more than just another chance for commercial exploitation. This used to be an intellectual medium encourage the sharing of thoughts. Now it simply encourages buying. Reminds me of the Europeans coming over to America and treating it as their own 'undiscovered' property, without regard to the fact that there was already an established civilization there long before-hand.

    Now those of us who were here to enjoy the earlier days of the 'net (and thus to appreciate it) are being shoved out of the way so those who truly deserve to exploit every possible medium (businesses) take over.

    I wonder whatever happened to good, honest business? I'm all for a capitalistic society, but let's try to temper it with good judgement instead of trying to patent and own everything.

    Just out of curiosity, I decided to try and count everything within arm's reach of me that had a logo, trademark, or other stamp of ownership:

    Not counting hardware, I have 47 items with a logo or advertisement. The only item within reach that escapes some type of claim or advertising is a blank piece of paper with a URL written on it.

    Now, I'm off to patent birth as a concept and practice, the alphabet, and clapping.

  65. Domain Defense Fund by Seumas · · Score: 1
    It would be wonderful to see a cross between something like the Electronic Freedom Foundation and Slashdot to combat things like this.

    A group of college students studying law or donated legal expertise from elsewhere, combined with the proving boycotting/petitioning strength of Slashdot'ers could be a beautiful thing.

    I would envision a small group of people elected to review requests for assistance in defending a domain name, and if it appears that an injustice is indeed occuring, then it would be passed on to the legal-team and Slashdot readers to make an organized effort on behalf of the domain owner to retain his purchased name.

    Totally non-profit. Totally non-government. Just a group of people with weight to throw-around to counter the mafia-types who try to lean on the little guy.

  66. The Legal "Profession" by Mr.+Shadow · · Score: 1

    Q: What do you call 1,000 dead lawyers?

    A: A good start.

  67. Time to move to Mars(TM) by Steve+Bergman · · Score: 1

    Well, In "Bread And Circuses" Spock mentions an add for the "Jupiter 8" (an automobile, presumably). So it looks like Jupiter may be out, too. (At least in the Star Trek universe. :-) Oh, Well...)

  68. Battlefield Earth[Shoes]? by leonbrooks · · Score: 1
    (1) I'm surprised that the Church of Scientology hasn't sued both parties for using words from the title of an old Lafayette Ronald Hubbard book.


    (2) "Earth shoes" sound a little, well, crumbly... and prone to sprouting... and difficult to clean...


    (3) Perhaps we could take this to its logical conclusion and copyright the name "The And But Why Internet Store", then sue everyone who uses "and", "but", "why", "the", "internet" or "store" in their name?

    --
    Got time? Spend some of it coding or testing
  69. Attorney Fees by Accipiter · · Score: 1

    This poor guy can't afford an attorney (Such is the case with many situations like this) Would some kind hearted lawyer donate his time to this cause? It would be most appriciated. I don't know the guy, but I DESPISE corperate bullying like this.

    --

    -- Give him Head? Be a Beacon?
    (If you can't figure out how to E-Mail me, Don't. :P)

  70. The(tm) Bible(tm) is(tm) in(tm) real(tm) troub by lightning · · Score: 1

    . . . er, trouble(tm).

    Just for grins, I checked, and every one of the following words is a domain:

    in.com
    the.com
    beginning.com
    god.com
    created.com
    the.com
    heaven.com
    and.com
    the.com
    earth.com.
    and.com
    the.com
    earth.com
    was.com
    without.com
    form.com
    and.com
    void.com . . .

  71. uh ... by Chris+M.+Costello · · Score: 1

    Okay, screw this, I'm copyrighting the letters
    'a', 'e', 'i', 'o', 'u', and 'y'. Anyone who
    uses them better pay me royalties, or I'll sue.

    A copyright (C) 1999 Chris Costello
    E copyright (C) 1999 Chris Costello
    I copyright (C) 1999 Chris Costello
    O copyright (C) 1999 Chris Costello
    U copyright (C) 1999 Chris Costello
    Y copyright (C) 1999 Chris Costello

    All rights reserved.

    '...' copyright (C) 1999 Chris Costello, patent pending.

    The name 'Chris' is a trademark of Chris Costello industries.

  72. Earth???? by Angst+Badger · · Score: 1

    What, you mean like "Apple"?

    You can trademark a common noun, but only in a very specific context. Apple Computer can, for example, sue other computer hardware and software outfits for using "Apple", but would have a hard time attacking apple farmers or Apple Records.

    Sounds to me that these Earth Shoes people have no case, and they're trying to see if the expense of retaining an attorney will be enough to scare this poor guy out of his domain name.

    --
    Proud member of the Weirdo-American community.
  73. Earth.com opps, we mean EveryThingOnEarth.com by BrookHarty · · Score: 1

    I knew I should of became a lawyer. I could make money on these stupid lawsuits.

    -Brook Harty

  74. Will God be (TM) (R) (C)? by Ektanoor · · Score: 1

    Well it seems stupidity on Internet is reaching its top. Some years ago we had a well known company trying to trademark the name Windows. Also we had another one trying to do the same thing on x86 numbers.
    We have passed this one only to wait for a bunch of green horns, who passed more than 2/3 of their lies away from anything related to computers.
    It is pretty clear that they will get burned on it. Just imagine someone trademarking the word "God" (property of Heaven Industries).

    Unfortunately this thing is happening because some people have turned a federal organ in the US into a small street bazaar. As far as I see nowadays any stupid idea, plagiate, dream/nightmare, schizo seems to be possible to register or trademark while you pay for it. Some of the last issued "certificates" of respectability are already creating some serious damage and may undermine what a patent/trademark is made for. At least personally I can't hang on a patent issued by a organ who "certificates" new perpetuom mobiles and clear plagiates that even violate international copyright laws.

  75. Nonsense by morgan1 · · Score: 1

    Will this nonsense ever end?
    All I see is a company who wanted to register earth.com and found out it was already taken.
    Some companies are just snobs to the highest level.

  76. Earth Shoes are sandles... by Ageless · · Score: 1

    Earth Shoes are sandles. I have a pair sitting
    here next to my Playstation. A Walmart special.
    They are pretty cool, but I would be happy to
    write a letter saying I won't buy a new pair this
    summer if they are going to try to kill the domain of the guy that invented image maps!! (on his web site).

  77. Tony Sanders by daviddennis · · Score: 1

    He ran the Inet-Access mailing list for years and years until Avi Freedman took it over, I think in mid-1998.

    He was an excellent list administrator - always did a fine job. My ISP FAQ is/was based on messages on that list.

    D

  78. Corporate Bullying by Immortal+Soul · · Score: 1

    True... I hadn't even looked at it that way. A company can spend thousands of dollars sueing just to bully a person into giving up his/her rights. A person who is limited on the financial side will give up those rights very quick when considdering the costs of a lawsuit.
    I find this thought pretty scary... I thought one of the rules of internic were that once your domain-name was approved it was yours. Aren't domain-names distributed on a first come first serve bases, and wasn't that company virtually unknown at the time that the domain was registered?
    I think that any judge with a bit of common sence would understand that something as general as a noun in the English language, even if it's associated with some famous product, doesn't have to be that trademark. Names that aren't really nouns in a language are very elligable trademarks (eg. Nike, Coca Cola), but trademarking words from an existing language (eg soap, soup, chicken, earth) seems to me like an attempt at stretching the use of trademarking far beyond the original intent.
    We live in a society where money easily outdoes the rights of the individual, even though we are supposed to be protected against such things by the law.

  79. Earth Chem registered EARTH in 1977 before them! by Ron+Bennett · · Score: 1

    I did a quick check of the US PTO database and found several registrations for EARTH including one that *preceeds* Mondial Trading Companie's trademark registration by quite a bit.

    Earth Chemical also has an active trademark registration that preceeds Mondial's by 8 years and date of first use preceeds Mondial's by 39 years! Thus this company below could sue Mondial :-)


    Word Mark
    EARTH
    Owner Name
    (REGISTRANT) EARTH CHEMICAL COMPANY, LTD.
    Owner Address
    3218-12 SAKOSHI AKO, HYOGO-KEN JAPAN CORPORATION JAPAN
    Attorney of Record
    SIMOR L MOSKOWITZ
    Serial Number
    73-083859
    Registration Number
    1069253
    Filing Date
    04/14/1976
    Registration Date
    07/12/1977
    Mark Drawing Code
    (1) TYPED DRAWING
    Register
    PRINCIPAL
    Affidavits
    SECT 8.; SECT 15.; COMBINED SECT 8 AND SECT 15.
    Type of Mark
    TRADEMARK
    Renewals
    1ST RENEWAL 1997.06.17


    International Class
    005
    Goods and Services
    INSECTICIDES AND OTHER VERMIN DESTROYERS; DATE OF FIRST USE: 1931.05.01;
    DATE OF FIRST USE IN COMMERCE: 1931.05.01

  80. Congratulations, Earth Shoes! by Bowie+J.+Poag · · Score: 1


    Dear Earth Shoes,

    Thank you for showing me how fucking retarded your company is. I will be sure to buy my next pair of shoes from your competitors.

    --
    Bowie J. Poag

  81. Like... Windows? Word? by Anonymous+Freak · · Score: 1

    What about the obvious examples?
    Apple, Macintosh (a type of apple), Newton, Windows, Word, Excel, Access, and even Trash Can (owned by Apple.)

    Jeez, I wouldn't be surprised if somebody has "Trademark" trademarked.


    fine print:
    All trademarks illegally used, and meant to cause harm to their holders. Go ahead and TRY to sue me.

    --
    Another non-functioning site was "uncertainty.microsoft.com."
    The purpose of that site was not known.
  82. That's not the point by Maxwell_E · · Score: 1

    It's a load of crap. This is the sort of capitilistic garbage we have come up with in America? Screw that cheeseball shoe maker. May Nike crush them.

  83. EDUCATE YOURSELVES!!! by gwachob · · Score: 1
    I've had enough of people confusing trademark and copyright and other forms of intellectual property when posting on Slashdot.

    The resources are out there to learn the difference. It would make your arguments more persuasive if you would at least argue about the right legal rules governing the issues at hand.

    In particular, see:

    Findlaw's Trademark Page

    Nolo Press's Trademark Page

    Fortunately, there are many attorneys who know a lot about the subject who feel as pissed about trademark abuse and are actually doing something about it. Lets all hope they are successful -- the Slashdot community should help where possible!

  84. Earth Shoes from the 70's by wmeyer · · Score: 1

    I wore Roots, which were essentially the same design. Great shoes, well made, long lasting, and comfortable as hell.

    Your honey may not have worn them enough to stretch her calves. When I alternated between roots and boots, my legs never ached. .....maybe I will try to find some now!

    --
    --- Bill
  85. Nice. by Accelerated+Joe · · Score: 1

    I like it when people leave links. (really) I don't always have time to go to these pages and read though....

    There's no real point to this post, I am really just testing out my new /. ID.

    --
    They who would give up an essential liberty for temporary security, deserve neither liberty or security
  86. Earth???? by Mr.+X · · Score: 1


    SUN anyone? :)
    Last time I checked they owned www.sun.com