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An Early Retirement

blog.watsi.org

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Re: An Early Retirement

#51

Post by oalders »

cpwright wrote: post #26
will_brown wrote: post #15

Earlier quoted context omitted.

>TESS (the USPTO database search) sucks. 100% agree with you. A story I have told a few times on HN was getting a C&D letter for the use of the mark "blood" on a previous product I manufactured, and a basic search on TESS of "blood" will not turn up the registered mark (turns up a lot of other marks that include blood, but not blood by itself) I can only find it searching the registration number. Watsi is being class…

> Watsi is being classy by not even naming the company There is no doubt as to who a multi-billion dollar health insurance company who would take issue with a logo that is literally a blue cross with a triangle cut out of it. I didn't read their post as classy, but rather snarky. I don't have a problem with them calling out BCBS, but I don't think it is at all classy the way they did it. They may have avoided saying…

To me, it just seemed like they were having fun with it. I didn't sense any bitterness. Not being from the US, I didn't connect the dots about who the multi-billion dollar company is. Now that I understand, I still don't think the approach lacks class.

Re: An Early Retirement

#52

Post by devinmontgomery »

chimeracoder wrote: post #2

I'm assuming the company in question is Blue Cross Blue Shield. This kind of sucks, but looking at their logo[0], I would have to agree that they're uncomfortably close, if they are deemed to be in similar enough markets. The only question is whether Watsi and BCBS operate within similar enough markets for their use to be considered infringement - I'm less sure of that. On a related note, this is why early-stage star…

The only question is whether Watsi and BCBS operate within similar enough markets for their use to be considered infringement - I'm less sure of that.

Even if they're in different markets, Blue Cross is well-known enough that they may also have a colorable "dilution" claim.

Bottom line, if you're a startup and you get sued, you've already lost. Good on them for not wasting time fighting this too hard and getting on with their work.

Re: An Early Retirement

#53

Post by bbanyc »

will_brown wrote: post #6
chimeracoder wrote: post #2

I'm assuming the company in question is Blue Cross Blue Shield. This kind of sucks, but looking at their logo[0], I would have to agree that they're uncomfortably close, if they are deemed to be in similar enough markets. The only question is whether Watsi and BCBS operate within similar enough markets for their use to be considered infringement - I'm less sure of that. On a related note, this is why early-stage star…

I assumed the same company as you. However, I fall on the other side of the analysis, that Watsi is 1. not interfering with any trademarks registered by BCBS (all BCBS registered marks, which I found in TESS, are word/design marks, which means the blue cross on its own is not protected, it is only protected when it is accompanied by the word mark); and 2. otherwise not causing any confusion in the markplace (for exam…

BCBS isn't a company. It's an association of a few dozen regional companies, some of which have their own word marks - Empire BCBS in New York is a separate company from CareFirst BCBS in Maryland, and so on. In some areas, like California, the local Blue Cross never merged with the local Blue Shield and they remain separate. There are a lot of different possible trademark holders to check.

I did some TESS digging of my own and found that the Blue Cross & Blue Shield Association holds a trademark on the cross logo alone: serial number 72450146, granted for "pre-paid financing of hospital and medical services".

And given that all the Blue Cross companies used to be nonprofit (some still are) I'd say there's enough of a chance of confusion that a medical-related nonprofit whose logo is a blue cross is somehow affiliated with Blue Cross for some BCBS entity to have a case.

Re: An Early Retirement

#54

Post by gracegarey »

cpwright wrote: post #26
will_brown wrote: post #15

Earlier quoted context omitted.

>TESS (the USPTO database search) sucks. 100% agree with you. A story I have told a few times on HN was getting a C&D letter for the use of the mark "blood" on a previous product I manufactured, and a basic search on TESS of "blood" will not turn up the registered mark (turns up a lot of other marks that include blood, but not blood by itself) I can only find it searching the registration number. Watsi is being class…

> Watsi is being classy by not even naming the company There is no doubt as to who a multi-billion dollar health insurance company who would take issue with a logo that is literally a blue cross with a triangle cut out of it. I didn't read their post as classy, but rather snarky. I don't have a problem with them calling out BCBS, but I don't think it is at all classy the way they did it. They may have avoided saying…

I'm sorry to hear you thought the post was snarky. Our goal was to bid a lighthearted farewell to our blue logo and raise money for patients. No hard feelings toward the company. We chose not to name them because it wasn't the point of the post, not because of any legal obligation.

Re: An Early Retirement

#55

Post by [deleted] »

GigabyteCoin wrote: post #31

So wants watsi to stop using their logo by date X, and watsi proceeds to print that logo on t-shirts and sell that logo-laden t-shirt. Isn't this akin to waving a stack of cash right in front of lawyer's nose? Is watsi's only saving grace the fact that they are not directly profiting from these t-shirt sales? Seems kindof risky, no?

[deleted]

Re: An Early Retirement

#56

Post by [deleted] »

GigabyteCoin wrote: post #31

So wants watsi to stop using their logo by date X, and watsi proceeds to print that logo on t-shirts and sell that logo-laden t-shirt. Isn't this akin to waving a stack of cash right in front of lawyer's nose? Is watsi's only saving grace the fact that they are not directly profiting from these t-shirt sales? Seems kindof risky, no?

[deleted]

Re: An Early Retirement

#57

Post by JacobAldridge »

unreal37 wrote: post #48
alexeisadeski3 wrote: post #34

Earlier quoted context omitted.

It's just the blue plus symbol. Other plus symbols are used by other companies without issue.

No I believe the Red Cross has international protection over the use of a red plus symbol. [1] http://en.wikipedia.org/wiki/Emblems_of_the_International_Re...

Yes. One of my colleagues tells a fabulous story about 'breaching the Geneva convention' by playing a nurse in a pantomime with a Red Cross on his headpiece.

The reality, of course, is slightly less than that - they used his photo in the promotions, and the Red Cross contacted them to advise that the symbol was protected and 'request' that they change the costume, which of course they were happy to do.

Re: An Early Retirement

#58

Post by alexeisadeski3 »

unreal37 wrote: post #48
alexeisadeski3 wrote: post #34

Earlier quoted context omitted.

It's just the blue plus symbol. Other plus symbols are used by other companies without issue.

No I believe the Red Cross has international protection over the use of a red plus symbol. [1] http://en.wikipedia.org/wiki/Emblems_of_the_International_Re...

Are you supposed to be disagreeing with me?

I believe your disagreement is with the fellow whom I responded to. :)

Re: An Early Retirement

#59

Post by lauradhamilton »

vinceguidry wrote: post #22

I wonder if a more measured reaction rather than simply caving would have done them better. They could have had their lawyers draw up a reasoned defense, then used that to wrangle a settlement offer whereby Watsi takes a large-ish donation in return for changing their logo. Reason being a big battle would hit the larger plaintiff much harder in terms of public opinion. A little brinksmanship could do them a world of…

Yours is not so much a legal question as it is a negotiation question.

I think you're probably right, but brinkmanship would be incredibly time-consuming, stressful, and distracting. They have more important things to worry about right now.

If your question is, who would win the battle in the court of public opinion? For sure Watsi would win. No doubt in my mind.

Re: An Early Retirement

#60

Post by qq66 »

lauradhamilton wrote: post #59
vinceguidry wrote: post #22

I wonder if a more measured reaction rather than simply caving would have done them better. They could have had their lawyers draw up a reasoned defense, then used that to wrangle a settlement offer whereby Watsi takes a large-ish donation in return for changing their logo. Reason being a big battle would hit the larger plaintiff much harder in terms of public opinion. A little brinksmanship could do them a world of…

Yours is not so much a legal question as it is a negotiation question. I think you're probably right, but brinkmanship would be incredibly time-consuming, stressful, and distracting. They have more important things to worry about right now. If your question is, who would win the battle in the court of public opinion? For sure Watsi would win. No doubt in my mind.

How relevant is the court of public opinion in a matter like this? Seems like Watsi realized they had more to lose than gain.
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