So My Boxee “Delicious TV” Hack Gets a Trademark Infringement Warning

So it seems that the naming of my delicious/Boxee TV hack infringes a Trademark…

All Art Media, Inc.
161 Fort Road
South Portland, ME 04106


7 September 2009

OUseful.info, The Blog
http://www.programmableweb.com/mashup/delicious-tv-for-boxee

Attention: Tony Hirst

RE:	Trademark Infringement

Dear Mr. Hirst:

[All Art Media, Inc. ] (the “Company”) owns and operates [Delicious TV].
The Company also owns trademarks associated with its business - find a
sample at DeliciousTV.com - [registered with the United States Patent and
Trademark Office with the registration number “U.S. Reg. No. 3,069,320,” 
(“Trademark”) registered on March 14, 2006.

It has come to our attention that your blog and websites, OUseful.info,
The Blog and Programmableweb.com, has been using our Trademark or a very
similar mark (“Infringing Trademark”) in association with the marketing,
sale, distribution or identification of its products and/or services, and
is thus trading on the name, goodwill and reputation earned by the
Company.  It is possible that you were unaware of this conflict and we
believe it is in our mutual interest to bring it to your attention and
resolve it.

Our Trademark provides us with certain proprietary rights, including the
right to monitor and restrict the unauthorized use of our Trademark, or
confusingly similar trademarks, in association with non-Company products
or services. We must exercise this right to protect the value of both our
Trademark and of our business. Our Trademark signifies the high quality of
products and services offered by the Company and indicates to our
customers and to the consuming public that all of our goods and/or
services come from a single source. As such, it contributes substantially
to the goodwill and value of the Company. Federal law supports our
position that confusingly similar trademarks may cause undesirable
confusion in the public. This confusion may in this instance cause
material and irreparable harm to our Trademark by eroding the distinct
association among our Trademark, our products and services, and the
Company. Your actions constitute trademark infringement and unfair
competition under both state and federal law, including the Lanham Act,
(15 U.S.C. §§ 1051-1127). Remedies for such infringement can include
payment of actual and treble damages, recovery of profits, reimbursement
of attorney’s fees, and may also include injunctions against your further
use of the Infringing Trademark and the seizure of infringing materials.

We respectfully request that you immediately discontinue any and all use
of the Infringing Trademark in association with the marketing, sale,
distribution, or identification of your products or services. Please
respond to us in writing by email within fourteen (14) calendar days
indicating that you will cease and desist from any and all further use of
our Trademark, the Infringing Trademark, or any confusingly similar
trademark. We hope this issue can be resolved civilly and that we can
avoid pursuing any further legal remedies.

This letter is not intended to be a full statement of the facts in this
matter, nor is it a waiver of our rights and remedies, whether at law or
equity, all of which are expressly reserved.

Sincerely,

Elizabeth Carson
President
161 Fort Road
South Portland, ME 04106
USA
207-871-8600
betsy@delicioustv.com


Executive Producer
Delicious TV's Totally Vegetarian
207-871-8600
www.delicioustv.com

Now, as far as the ProgrammablWeb goes, I don’t think I was registered/logged in when I submitted the hack, which means I can’t change any of the details there. But is it my responsiblity to now go round the web trying to clean up all mentions of Deli TV? If you have posted anything about, you know, that hack, please modify it along the lines of, I dunno, “Deli TV”.

Ho hum… Anyway – Deli TV, then? Or the “The DeliBox?”…? Which do you prefer?

Author: Tony Hirst

I'm a Senior Lecturer at The Open University, with an interest in #opendata policy and practice, as well as general web tinkering...

7 thoughts on “So My Boxee “Delicious TV” Hack Gets a Trademark Infringement Warning”

  1. I like Deli TV, because you could justify the name as a reference to a sub shop — I’ll have the ham, black olives, pickles, swiss cheese and a side of mayo, etc — it’s customization in other words.

  2. Screw ’em. They are strong arming you on a threat that is wobbly as a 2 legged stool.

    I got one of these a few years back when I created online web page called “Believe it Or Not” and the Ripley’s folks wrote me almost a carbon copy version of the message you got.

    I caved in (I never use “Ripley” in my site) and made it “Amazing Stories”. But a few people emailed and said that lawyers do this all the time- it is easy to intimidate a blogger into submission with an email full of threats. The spend all day googling words and sending out threats.

    They have to prove that your use of those words is an infringement on their business, and I fail to see how a demo and code for aggregating video content has anything that would be confused with Vegetarian cooking.

    I’m not a lawyer, and might be wrong, but they have to show more of an infringement that common words.

  3. We’re not a giant faceless corporation. I’ve worked hard for the past five years to brand Delicious TV and I paid to register the trademark. If the situation were reversed, would you not act to protect your brand?

    I wish you luck with your business.

    Respectfully,
    Betsy Carson

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