The Jvision, Object Insight Inc., email trail

----------------Original email to jagunet.com verbatim-------------- 
Hi, 

I hope you can accomodate a simple request without having to involve 
lawyers. 

Your home page using a GIF file named jvision.gif. JVISION is a 
registered trademark of Object Insight. Your web site comes up above 
ours in certain search engines because you are using the name of our 
product for one of the graphic files on your home page. 

Could you please change the name of your GIF file to something other 
than our registered trade mark? 

Let's save both of our companies from incurring legal costs on this 
issue. I'm sure you probably did this by accident and did not have any 
conscious intention of violating our trademark. 

- Ron  

 

jaguNET Technical Support Team wrote: 

> Yahoo returns http://www.mindspring.com/~jvision/ when searched on 
> jvision. Will you also be requesting he change his entire URL ? 
> -- 
> <support@jaguNET.com> ===   jaguNET Technical Support Team        === 
> For more information about jaguNET: 
>   Email: info@jaguNET.com    |    WWW: http://www.jaguNET.com/ 
>         Voice: 410-420-0140  |  FAX: 410-803-2258 

 


--- Object Insights reply---
Yes. 

Thank you for finding this for me. Trademarks in a way bear a 
resemblance to why URL's are unique. Unique URL's help people to find 
what they are seeking. Trademarks help people find and recognize 
products they are seeking. 

I do understand that trademarks may seem silly to technical people. 
However, I was forced by Sun's trademark lawyers to change our product 
name from JAVISION to JVISION and it is a registered trademark now owned 
by Object Insight. 

Again, I do not want to start a big legal battle. I thought my request 
was fairly simple. 

I tried to call one of your business people to resolve this, but no one 
answers the phone. Before I put my lawyers on this, I would really like 
to talk to someone about this. 

Who would be an appropriate business representative of your company? 

- Ron 

 

--- Letter to Object Insight from er3 ---

Object-Insight, Inc.

Are you really threatening a legal attack because someone called an image file jvision.gif?

http://slashdot.org/yro/00/03/06/1729234.shtml

Is the Slashdot story true?

If true I am disgusted with your company and will never use or recommend to my co workers your reverse engineering tools again. I know allot of people that are in the software
industry, potential customers of yours, that I will inform about this matter.

Disgusted,

Eran Redick

 

--- Object Insights reply to er3 ---

Hello Eran,

At least you have had the courtesy to put your name in your email. No one at JaguNET has given me their name, nor will they return my phone calls. I am trying to
call you now, but your line is busy.

HOWEVER, WHY WOULD YOU PUT INCORRECT INFO ON YOUR DOMAIN WITHOUT THE COURTESY OF CONTACTING ME FIRST?
http://er3.com/ojvision/

Object Insight has not attacked anyone. I do not look for fights and I do my best to avoid them.

The Slashdot story is a gross distortion. Thank you for sending me this URL, since I was not aware that I was being slandered on Slashdot or on your domain. His
post without an opportunity for me to respond is really unfair. I asked politely for a courtesy to change the name of a gif. I have not started any legal action. He also
did nothing to talk to me about this. I tried calling their phone number and was only able to leave a message that was never returned.

On Windows we sell a copy protected version of our program. On Linux, we make our product available for free for non-commercial use. We are a small company
struggling to compete with huge companies like Rational corporation. If JaguNET had used the Rational product name in a gif that caused them to come up in search
engines, you had better believe that Rational's lawyers would have been all over them months ago.

It has cost me a lot of time and money to obtain and protect the name JVISION. Our product used to be called JAVISION and two weeks before JavaOne last
year, Sun's lawyers told us we had to change the name of our product or they would have prevented us from exhibiting at JavaOne. And according to trademark
law, you have to protect your registered trademarks or you can loose them.

I am copying below the only two messages I sent to JaguNET. I had completely forgotten about this and I am very busy trying to release a new version of our
JVISION product. I would much rather spend my life doing positive things, like creating products to make people more productive, rather than getting into flame
wars. I do the jobs of ten people for my very small company.

 

--- from er3 to Object Insight ---

Hello Ron,

Thanks for your phone call. I understand that you have not pursued any legal action against jaguNET. However: your first sentence to them "I hope you can accommodate a simple request without having to involve lawyers," seems like you are threatening to take legal action against them. I have renamed the page "Jvision image name dispute, Jagunet vs. Object Insight, Inc." Perhaps a more accurate title would read "Jvision Image Name Dispute, Object Insight Inc., Threatens JaguNET" Please explain if you think I am still slandering your company, that is not my intention.

I have found SEVERAL instances of Jvision coming up on search engine results, some of the odder ones are on http://er3.com/ojvision. This one is actually a work of art http://www.workofbox.com/hiart/alf3/Pages/alfabet3.html. How do you feel about seemingly odd random occurrences of the word Jvision? If all of these people do not rename their Jvision images and directories are you going to actually take legal action? Do you think you should rename the Cornwell.jpg and Sf.gif that are on your servers? Those words appear to be trademarked as well.

I have never heard of anyone ever threatening or taking legal action for using file names. I don't think that jaguNET intentionally tried to harm you in anyway, I doubt they knew you existed, I understand you only meant to convey a simple request to jaguNET but it did seem like a heavy handed legal threat as well. The fact that Altavista gave better ranking to jaguNET.com than your web page is more the fault of Altavista or your web designer, If you want to come up number 1 on the search engines for your owned words, why don't you rename some of your images to your trademarked names?

I would certainly not want to see you set a precedent here, there are many images, directories, etc., that inadvertently use trademarked names. As long as they are not trying to harm anyone, steal traffic from web searches for a similar product I don't see a problem. Constantly searching to see if the name given to an image file is trademarked would be very time consuming for web designers.

Eran

 

---------- Letter to er3 from Jon Vision 10/27/00 ------------
Subject: jvision is me, too...
You mentioned "Give 'em the Pimpslap" on your web page. I'm the trombone player in Pimpslap (a small band ), and I've gone by the handle Jon Vision for eight years now. when I switched isp's about five years ago, jonvision was too long, so I asked them to shorten it to jvision. That's what I've been ever since, and as far as I'm concerned, Object Insight can kiss my ass. I'll be Jon Vision until they put me in jail. My first name is the same as that of a toilet. is that a copyright violation, too?
Jon Craig

 

--- Object Insights email to er3 10/18/01 ---

Hi Eran,

It has been well over a year since the incident below and I continue to get
messages from people who tell me that they have not bought our product
because of what they have read at your web site. I have a piece of news that
I hope you will post on your site.

---------------------------------------------------

Ron Suarez, Ph. D., President of Object Insight, has apologized for
mistakenly implying any threat of legal action in an alleged name dispute.

According to Dr. Suarez, "The facts speak louder than words, that I should
never have written in email and continue to regret. It is now well over a
year since I asked jaguNET.com to change the name of an image file that used
our product name. I should never have mentioned lawyers in my original
emails. It was an unfortunate oversight. I have never initiated a lawsuit
against anyone in my entire life and I am a strong supporter of the Bill of
Rights. In the time that has passed since this incident, I have continued to
receive email from people who think I am in favor of censorship. I am
opposed to censorship and I should have just asked the individuals involved
to please help me out of common courtesy with a problem that I was having.
In the aftermath of the September 11th tragedy, we now face threats to the
Bill of Rights from some political leaders. I am originally a New Yorker. I
was born in Spanish Harlem and grew up poor. I visited New York right after
the tragedy because my grandmother died on September 13th. While I am
outraged by these acts of terror, we cannot let terrorists endanger what
America represents. For a moment I wondered if I would be willing to alter
any of my opinions about the Bill of Rights after these terorist acts, but
today I am more convinced than ever, that we must defend the Bill of Rights.
For over a year I have not responded again about the name dispute issue,
hoping it would just go away, but people still read about this and think
that I support censorship. I feel that it is especially important during
this time of crisis to make it very clear that I wholeheatedly support the
Bill of Rights, that I was mistaken to even imply any threat of lawyers (it
was a stupid idle threat that I would never have acted upon) and that well
over a year has passed and no legal action was ever pursued by me. I think
that citizens of the NET have much more important issues upon us now with
regard to privacy and free speech, which may now be threatened by recent
terrorist actions. I have learned my lesson that I said the wrong thing in
my email, which did not reflect my true beliefs. I am sure that readers of
this message could probaly find something they have said during their lives
out of frustration or temporary anger that they regreted and that did not
reflect they true feelings. Now, more than ever, I hope that others will
have a better understanding of who I really am and that I strongly support
the Bill of RIghts. I am sorry for incorrectly leading anyone to believe
that I would ever have pursued legal action over this.
---------------------------------------------------
- Ron

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