[olug] User Group and Trademark

[Thomas D. Williamson]

Following what said earlier:

There are two things most likely needed and a possible third. First is  
there needs to be a ? (TM)at every instance of the trademarked name on  
the page. Second a disclaimer that the group is not authorized or  
affiliated with the corporate entity that produces the software,  
reinforcing this is an association of users of the software, and not  
representatives of the company or its employees.

The third may simply be asking permission from the company to refer to  
them as the software producer that is the interest in the user group.  
This may be denied. If that happens, see if one of the healthcare  
facilities has an attorney on retainer that could research the legal  
questions the software company is claiming for cause of denial.

I suspect that the owner is afraid of losing damage control should a  
persistent issue or series of issues that are related to the software  
development and support. Other than that, it is the right of people to  
discuss products in an open forum, unless proof of disinformation for  
anti-competitive purposes is found. Having customers talking to each  
other is a great way for the company to find new sales, if the product  
is successful fulfilling its intentions and expectations. Of course if  
this is not happening and it becomes known in the apparently limited  
market it could kill the company


Tom Williamson



Quoting Nick Hajek <nhajek at meridian-technical.com>:

> Todd Christopher Hamilton wrote:
>> I need some advise.  I am setting up a user group for users of a small
>> software application.  (about 11 healthcare facilities nationwide)  I
>> am not part of the company at all.  I don't sell the software or
>> develop or anything.  Anyway the owner just sent me an email giving me
>> crap about trademark, misrepresentation, and using their name without
>> their permission.  How can I host an independent user group without
>> permission from the product owner?  What I mean is what language do I
>> include so it satisfies all the legal stuff?
>>
>> Here is the web site.
>> www.telerug.org
>>
>>
> If the owner himself sent the email - not his lawyer - he isn't real
> serious - yet.  You might try working with them, perhaps you could find
> some mutually beneficial arrangement.
>
> Nick
> _______________________________________________
> OLUG mailing list
> OLUG at olug.org
> http://lists.olug.org/mailman/listinfo/olug
>