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WhosHere's response to Brian Hamachek/Who's Near Me

whoshere.zendesk.com

51–60 of 145 posts

Re: WhosHere's response to Brian Hamachek/Who's Near Me

#51
post #32

Quite frankly, from what I've read (the blog posts only), this seems like a pissing contest that's got out of hand. Each side should back down, stop trying to use the internet to throw poo at each other and work it out. Merge, settle or ignore each other and deal with it when there's a good reason to. Neither of you will lose money if you just compete. I agree with jrockway's points, especially on the sub par brandin…

It seems to me like this was all being done privately until Mr Hamacheck got a lot of attention and the wrath of HN on his side. I don't see how the other founders had much choice but to explain their side - otherwise they look like a cold, heartless corporation. The original story seemed very much like a guy trying to run a business was blindsided by a huge, funded company. But after the response it seems clear that he had been communicating with them and even proposing business relationships before even launching his product.

My opinion of the situation was definitely changed after this response letter. It kinda goes to show that these kind of arguments make everybody involved look bad, though.

Re: WhosHere's response to Brian Hamachek/Who's Near Me

#52
post #40
post #26

Earlier quoted context omitted.

These emails are so strange. The tone taken by both parties is just so...unbelievable. For example, Brian's opening salvo "Neither of these options are remotely acceptable to me. It is also offensive to me that you would think my time was only worth $100/hr, considering I turn down requests offering 4 times that rate regularly." Seriously, "regularly" turning down offers for work at a rate of over $400/hr? And also,…

Ya, very weird to see that trust fund line where in the blog post he says that he can't afford 10k to hire a lawyer and put a donation button up. I wonder which one is true?

I'm only guessing, but I would say the latter is true and former a bluff.

Re: WhosHere's response to Brian Hamachek/Who's Near Me

#54
post #2

Still... I mean Who's Here and Who's Near Me are in no way similar as far as the TradeMark is in my opinion. Come on.

Weird. They mean EXACTLY the same thing to me. "All the people who are in the vicinity of my current location"

TradeMark isn't about the meaning as far as I know.

http://en.wikipedia.org/wiki/Trademark

Re: WhosHere's response to Brian Hamachek/Who's Near Me

#55
post #32

Quite frankly, from what I've read (the blog posts only), this seems like a pissing contest that's got out of hand. Each side should back down, stop trying to use the internet to throw poo at each other and work it out. Merge, settle or ignore each other and deal with it when there's a good reason to. Neither of you will lose money if you just compete. I agree with jrockway's points, especially on the sub par brandin…

It seems to me like this was all being done privately until Mr Hamacheck got a lot of attention and the wrath of HN on his side. I don't see how the other founders had much choice but to explain their side - otherwise they look like a cold, heartless corporation. The original story seemed very much like a guy trying to run a business was blindsided by a huge, funded company. But after the response it seems clear that…

Oh indeed. I think we tend to default to defence of the "little guy", even without enough information to make informed judgements. I certainly made the mistake of jumping to conclusions here. Personally, I have little-to-no time for either party's argument, as it's a rather banal fight anyway.

Re: WhosHere's response to Brian Hamachek/Who's Near Me

#56

Earlier quoted context omitted.

In general, if you have a trademark and do not defend it, your lack of defending can be used against you later.

That's true. But you don't have to send an extremely nasty letter with the two conditions, "give us all your assets and consult for us" or "be sued for $100,000". That's where my anger comes from. They could have said, "We think your name is similar to ours, and to ensure that we can defend our name in court in the future, we need you to license it from us for $1." But instead, they chose to be shit bags. (I could be…

In the email exchanges Brian comes across as the shit bag to me. Here's a sample that makes me wonder why he has a PayPal donate button on his site and why his original post was a cry for money:

"Please do not confuse someone who would rather not waste their time and money on legal matters with someone who cannot afford a lawyer. I was born wealthy; I have an obscene trust fund. I assure you that if required, I will obtain the best legal representation for corporate litigation in the Silicon Valley." (Brian's quote from the 3rd email)

Re: WhosHere's response to Brian Hamachek/Who's Near Me

#57

Seriously... they are not the same. When I think "Who's here?" I think who is in the same place I am. Not just near me. If I am home and someone comes to my house... they are here. If I am home and someone goes to the house across the street... they are near me... but not here. If "Who's Here" and "Who's Near Me" are close enough to cause a problem... someone needs to warn Facebook that their new app Camera is pretty…

Apple doesn't have a trademark on "Camera"

Re: WhosHere's response to Brian Hamachek/Who's Near Me

#58
post #2

Still... I mean Who's Here and Who's Near Me are in no way similar as far as the TradeMark is in my opinion. Come on.

Weird. They mean EXACTLY the same thing to me. "All the people who are in the vicinity of my current location"

What they mean is not that important. There are many trademarks out there that mean the same thing but relate to competing goods. What is important is whether a customer would confuse them.

In my opinion that is clearly not the case. People aren't that stupid.

Re: WhosHere's response to Brian Hamachek/Who's Near Me

#59

Something is missing here. Did Brian Hamacheck rename his app or not. One of the letters Brian says he will change it, but Who's Near Me is all over his website. Is this a case of he said he would do something then lied about it and is now surprised he's being sued? And I don't understand how they are stealing his work. They just asked for a name change. Then they offered to buy him out and share revenue. Why wouldn'…

I was thinking that too, to me it's the big obvious elephant in the room in this HN discussion - he said he'd change the name and then didn't, or that's the impression I've gotten anyway.
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