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Dear Instagram

blog.bolt.co

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Re: Dear Instagram

#31

Post by chimeracoder »

scott_s wrote: post #22
MichaelApproved wrote: post #8

I don't see a trademark claim for the name Bolt on their website. I bet, had they gotten one, they would have an easier time defending the name. It'll be interesting to see how this plays out.

Claiming a trademark is distinct from registering a trademark. You can claim a trademark by just saying "this is our trademark." That will typically be done with the "TM" symbol. Registering a trademark means you applied with the USPTO to get a registered trademark, and it was granted. You are correct in that they don't make an explicit claim, but I'm not sure if trademark law actually requires you to do that. It wou…

> I'm not sure if trademark law actually requires you to do that.

It definitely does not. It certainly could influence a court decision (there's always a degree of uncertainty with any court case), but you absolutely can defend a mark that you have not explicitly claimed or registered, as long as you can demonstrate sufficiently widespread prior use.

Re: Dear Instagram

#32

Post by JoshTriplett »

ivraatiems wrote: post #2

This is a well-written appeal. I'm sure, however, that there's no intention of getting Instagram to actually do anything - the fact it was posted publicly, along with the "hurts us more than it hurts you" line makes that obvious to me. But maybe that was obviously the point to everyone, and my comment is rendered unnecessary.

This looks like a request for public support together with a subtle threat:

> We've been using the Bolt name in the mobile messaging market for a year, and technically we have to "police our mark", otherwise we risk losing it.

> We don't want a legal battle over this, and we think it's not too late for you to consider an alternate name before launch.

Re: Dear Instagram

#33

Post by coder23 »

dimillian wrote: post #10

Also, Facebook have a library named bolt: https://developers.facebook.com/blog/post/2014/01/30/let-s-b...

That is not in direct competition to Bolt. If Instagram launched a game or a washing service called Bolt, there would be no problem.

Re: Dear Instagram

#34

Post by ivraatiems »

sbarre wrote: post #9
ivraatiems wrote: post #2

This is a well-written appeal. I'm sure, however, that there's no intention of getting Instagram to actually do anything - the fact it was posted publicly, along with the "hurts us more than it hurts you" line makes that obvious to me. But maybe that was obviously the point to everyone, and my comment is rendered unnecessary.

What do you mean by "no intention of getting Instagram to actually do anything"? It seems like a pretty clear-cut public appeal to Instagram/Facebook to actually do something, which is to choose a different name before the product launches.. One has to hope/assume that Bolt has already tried private channels and met with little or no success, which is what forced them to go this public route.. Or are you implying the…

I'll explicate a little more.

Obviously, I'm not Bolt and can't know what their thought process was. If it were me, though, here's what I'd do:

I'd be angry that they're probably stealing my app's name, enough to write something like this with genuine feeling behind it. I mean, it sucks. But I'd also realize that (1) they're a big company with no prevailing need to listen to me, (2) any attempt on my part to force them to give up the name would result in lengthy, unpleasant legal proceedings I might very well lose, and (3) without some upset customers, they have zero incentive to do anything but throw lawyers at me till I go away.

So I would take my appeal, which I wrote back at the beginning, and instead of sending it through private channels, I'd post it online. This way, I win (or at least suffer less) no matter what happens. My app gets free publicity (and sympathy), users might feel like they need to pressure Facebook/Instagram to not let this happen, and even if neither of those occur, my company looks like a good and reasonable company.

I believe that if they had tried back-channels and failed, they would have said so in the letter (probably not with details, but with some sort of mention). I don't think they want to be "paid off" per se (i. e., settle for a large sum of money), but I think they want to reap some benefit from this circumstance mostly out of their control, and I don't blame them.

Re: Dear Instagram

#35

Post by ivraatiems »

vjvj wrote: post #6
ivraatiems wrote: post #2

This is a well-written appeal. I'm sure, however, that there's no intention of getting Instagram to actually do anything - the fact it was posted publicly, along with the "hurts us more than it hurts you" line makes that obvious to me. But maybe that was obviously the point to everyone, and my comment is rendered unnecessary.

Sure the public appeal is a better option for a small start up to put pressure Instagram to use a different name rather than a behind the scenes legal notice...

Absolutely! That's exactly my point. And again, I'm not saying that's wrong or bad. I'm saying it's the smart, albeit cynical move.

Re: Dear Instagram

#36

Post by dblacc »

brandonmenc wrote: post #24

> Imagine how it would have felt if Google or Apple or Facebook had launched a photo-sharing app called Instagram in 2011. "Bolt" is a short, common word. "Instagram" is not (it's also more descriptive.) Unfortunately, the days of naming products desirable things like "bolt," and being able to defend them, legally or not, are over. The strange-made-up-word naming trend is annoying, but at least you're guaranteed a na…

>Unfortunately, the days of naming products desirable things like "bolt," and being able to defend them, legally or not, are over.

I have a feeling the guys at King disagree with you.

Re: Dear Instagram

#37

Post by uptown »

scott_s wrote: post #25
uptown wrote: post #21

Clickable link to the Bolt homepage: https://bolt.co/ I always find it annoying when the blog company logo doesn't bring you back to the company's homepage.

Me too, but this one does: the far right link. I had to click most of the links on the top to figure that out, though.

Ah - good call. I totally missed that link.

Re: Dear Instagram

#38

Post by ivraatiems »

trothamel wrote: post #23
ivraatiems wrote: post #11

Earlier quoted context omitted.

With acquisitions, Facebook has generally left the acquired company mostly alone (if it's big and successful already). Instagram, Occulus and WhatsApp as examples. Instagram competes with Facebook in some ways, too, but it's still separate. Their goal is more data, not less competition.

Is collecting data the goal, or simply diversification? My theory is that Facebook (the company) is preparing for the day when Facebook (the website) goes the way of Friendster and Myspace, and they're attempting to have other lines of business when that happens.

Hmm, I hadn't considered that. It could be. I dunno. Anyway, they definitely want to keep their acquisitions pretty separate for the time being.

Re: Dear Instagram

#39

Post by brandonmenc »

dblacc wrote: post #36
brandonmenc wrote: post #24

> Imagine how it would have felt if Google or Apple or Facebook had launched a photo-sharing app called Instagram in 2011. "Bolt" is a short, common word. "Instagram" is not (it's also more descriptive.) Unfortunately, the days of naming products desirable things like "bolt," and being able to defend them, legally or not, are over. The strange-made-up-word naming trend is annoying, but at least you're guaranteed a na…

>Unfortunately, the days of naming products desirable things like "bolt," and being able to defend them, legally or not, are over. I have a feeling the guys at King disagree with you.

Kind of my point. How deep are King's pockets...?

Re: Dear Instagram

#40

Post by rythie »

dblacc wrote: post #36
brandonmenc wrote: post #24

> Imagine how it would have felt if Google or Apple or Facebook had launched a photo-sharing app called Instagram in 2011. "Bolt" is a short, common word. "Instagram" is not (it's also more descriptive.) Unfortunately, the days of naming products desirable things like "bolt," and being able to defend them, legally or not, are over. The strange-made-up-word naming trend is annoying, but at least you're guaranteed a na…

>Unfortunately, the days of naming products desirable things like "bolt," and being able to defend them, legally or not, are over. I have a feeling the guys at King disagree with you.

They've got the .com though, bolt(.co) don't.
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