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Paper, by MiSoft

daringfireball.net

51–60 of 80 posts

Re: Paper, by MiSoft

#51
So...if I name my app after an extraordinarily common item, I shouldn't expect somebody else to perhaps do the same?

What's the point here? Why should I care if more than one developer uncreatively names their apps after the same commonplace thing?

I hope daringfireball posts are on the list of things that drop off the front page quickly.

Re: Paper, by MiSoft

#52

I'm having a really hard time understanding the sense of entitlement and indignation carried in these name gripes. Personally, I tend to think of names as a fraction of what makes up an idea multiplier [0]. 0: http://sivers.org/multiply

We're discussing fully implemented businesses and products here, not pre-code proto startups.

Re: Paper, by MiSoft

#53
post #40
post #28

Earlier quoted context omitted.

I doubt that Misoft has sufficient resources to "lawyer up". That right is reserved to big companies with lots of money. Like Facebook.

Right. Remember all the drama and moralizing when Apple and Cisco sorted out the right to the name "iPhone?" Me neither. All this litigation via social media is happening exactly because these are small companies that don't have the resources to litigate via the courts.

>All this litigation via social media is happening exactly because these are small companies that don't have the resources to litigate via the courts.

No, it's because they want free publicity for their application. Someone with a history of not wanting to work with people to settle trademark issues (see smm2000's post) isn't doing it on principle. Trademark law is nowhere as time-consuming or unapproachable as you make it out to be.

Re: Paper, by MiSoft

#54
post #9

More to this story http://figure53.com/notes/2014-02-04-david-and-goliath/ 53 looks more and more like a jerk here

So, they make a claim i'm having trouble substantiating (but may or may not be true, of course :P). They state the PTO has a problem with fiftythree's mark, but actually, the PTO approved it for publication (yes, after some discussion). It was published for opposition (IE the PTO approved it) A request for extension of time to oppose has been filed. But it hasn't been "refused", or else it would not have issued to th…

Edit: Note that document #1 is the most recent while #20 is the first chronologically. The goods claimed changed.

http://tsdr.uspto.gov/documentviewer?caseId=sn85622695&docId...

Re: Paper, by MiSoft

#55
post #9

More to this story http://figure53.com/notes/2014-02-04-david-and-goliath/ 53 looks more and more like a jerk here

So, they make a claim i'm having trouble substantiating (but may or may not be true, of course :P). They state the PTO has a problem with fiftythree's mark, but actually, the PTO approved it for publication (yes, after some discussion). It was published for opposition (IE the PTO approved it) A request for extension of time to oppose has been filed. But it hasn't been "refused", or else it would not have issued to th…

Figure53's claim is that FiftyThree's original application was not

"Computer hardware design; computer software design for use in graphics, namely, software for use in writing on smart phones and tablets with either a stylus or a finger; technical support services, namely, troubleshooting of computer software problems; updating and maintenance of computer software"

But in fact:

"Computer graphics software; computer hardware and computer programs for the integration of text, audio, graphics, still images and moving pictures into an interactive delivery for multimedia applications; computer software to enhance the audio-visual capabilities of multimedia applications, namely, for the integration of text, audio, graphics, still images, and moving pictures."

Re: Paper, by MiSoft

#56
post #2

FiftyThree just posted this on Twitter: .@daringfireball please don’t take the bait. Paper by miSoft V1 was launched Sep 20th 2012, 5 month after us. https://twitter.com/FiftyThree/status/430845528805756928

Wasn't their point that they registered the name Paper with Apple before anyone else? You can register an app name and have it held for a couple months I think before actually launching.

That doesn't make a difference for trademark rights though. Priority for trademark rights would be based on the first date the name was actually used on an available product/service – or, at the very least, the date an intent-to-use trademark application was filed (which MiSoft does not appear to have done) – NOT the first date it was thought of or worked on.

Re: Paper, by MiSoft

#57
post #2

FiftyThree just posted this on Twitter: .@daringfireball please don’t take the bait. Paper by miSoft V1 was launched Sep 20th 2012, 5 month after us. https://twitter.com/FiftyThree/status/430845528805756928

I remember when Paper by FiftyThree first came out, I went to the App Store and searched for "Paper". The first result was some other simple drawing app called "Paper" (not miSoft's). There was definitely a "Paper" app in the App Store, for drawing, before Paper by FiftyThree.

Re: Paper, by MiSoft

#58
For many years I successfully defended our trademark in the app store(google play too), was even called a trademark troll. But hey we have owned said trademark for the past five years and if you don't defend it it's worthless. If you do defend it faithfully it could possibly be worth something you can sell.

Well that was my theory until one of the biggest celebrities on earth created a semi similar app and used our trademark. We tried to defend it but they didn't have any respect for our work and started to lawyer up. We had to back down!

Re: Paper, by MiSoft

#59
post #40
post #28

Earlier quoted context omitted.

I doubt that Misoft has sufficient resources to "lawyer up". That right is reserved to big companies with lots of money. Like Facebook.

Right. Remember all the drama and moralizing when Apple and Cisco sorted out the right to the name "iPhone?" Me neither. All this litigation via social media is happening exactly because these are small companies that don't have the resources to litigate via the courts.

Or Microsoft and Twitter having drama over the use of the name Vine

Re: Paper, by MiSoft

#60
I defended FiftyThree really hard in the other thread on this topic but I guess I have to eat crow because they really come across as jerks by doing this to another smaller company and now what looks like initiating the start of legal proceedings on this very issue.
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