Comments on: Digg sends C&D to DiggGames? http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/ Startup and Technology News Wed, 23 Jul 2008 05:03:04 +0000 http://wordpress.org/?v=2.5.1 By: 簡単ダイエット・美容健康総合情報館 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-1322362 簡単ダイエット・美容健康総合情報館 Mon, 09 Apr 2007 06:25:09 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-1322362 <strong>おからダイエットとは？...</strong> おからに含まれる大豆サポニン・食物繊維などの栄養素のダイエット効果を利用して、通常食に替えて食べるか、おから料理を食べるかで痩せていくダイエット方法。またおからは膨満感... おからダイエットとは？…

おからに含まれる大豆サポニン・食物繊維などの栄養素のダイエット効果を利用して、通常食に替えて食べるか、おから料理を食べるかで痩せていくダイエット方法。またおからは膨満感…

]]> By: alex http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-266190 alex Sun, 15 Oct 2006 03:43:43 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-266190 So ... i have a question ... Is a site that has dig (one g, not 2) violating the trademark ? Can this guy just call the site diggames and be done, or dig_games to make it more clear ? So … i have a question …

Is a site that has dig (one g, not 2) violating the trademark ? Can this guy just call the site diggames and be done, or dig_games to make it more clear ?

]]> By: Service Untitled - Douglas http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-169682 Service Untitled - Douglas Sun, 03 Sep 2006 13:36:50 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-169682 I have an idea for Digg. Another big online site (Neopets.com owned by Viacom) which has a huge amount of fan sites focused on the subject makes site owners put a copyright notice on every page that contains Neopets images, logos, etc. (aka their trademarked items). They use this: Some Images © 2000-2006 Neopets, Inc. All Rights Reserved. Used With Permission So Digg could do this. It shows they are still trying to protect their copyright, because the copyright holder is giving the site owner permission to use their marks. I have an idea for Digg. Another big online site (Neopets.com owned by Viacom) which has a huge amount of fan sites focused on the subject makes site owners put a copyright notice on every page that contains Neopets images, logos, etc. (aka their trademarked items).

They use this:

Some Images © 2000-2006 Neopets, Inc. All Rights Reserved. Used With Permission

So Digg could do this. It shows they are still trying to protect their copyright, because the copyright holder is giving the site owner permission to use their marks.

]]> By: Digg sends C&D to DiggGames? at diggaddict.com http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-163955 Digg sends C&D to DiggGames? at diggaddict.com Thu, 31 Aug 2006 20:24:36 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-163955 [...] Original story from techcrunch.com [...] [...] Original story from techcrunch.com [...]

]]> By: Digg History Update 1: KRo says “Release The Hounds!” at diggaddict.com http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-163953 Digg History Update 1: KRo says “Release The Hounds!” at diggaddict.com Thu, 31 Aug 2006 20:23:28 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-163953 [...] 2) Digg recently sic’d their lawyers to protect their TM “Digg” and “Digg it” on a website called “DiggGames.com”. [...] [...] 2) Digg recently sic’d their lawyers to protect their TM “Digg” and “Digg it” on a website called “DiggGames.com”. [...]

]]> By: JasonKolb.com http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-160216 JasonKolb.com Tue, 29 Aug 2006 15:24:21 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-160216 <strong>Reinventing the Internet, part three: Unlocking the potential of the URI...</strong> This is part three in my series of blog posts exploring what I believe to be the future of our online identity and experience. In part one I laid out why I believe the future is in an open peer... Reinventing the Internet, part three: Unlocking the potential of the URI…

This is part three in my series of blog posts exploring what I believe to be the future of our online identity and experience. In part one I laid out why I believe the future is in an open peer…

]]> By: paul http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-158745 paul Mon, 28 Aug 2006 20:58:32 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-158745 Is Digg-It Corporation (www.digg-it.com) exempt? 946 Springbrook Avenue Moosic, PA 18507 Phone: (570) 457-7455 Fax: (570) 451-0637 Email: wediggit@aol.com Is Digg-It Corporation (www.digg-it.com) exempt?
946 Springbrook Avenue
Moosic, PA 18507
Phone: (570) 457-7455
Fax: (570) 451-0637
Email: wediggit@aol.com

]]> By: Arne Wieding http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157943 Arne Wieding Mon, 28 Aug 2006 11:11:16 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157943 All this will probably increase his website visitors by a huge margin, he wont be to unhappy about changing the name, I for example heard of this site the first time and im sure that i will check it out now and then. All this will probably increase his website visitors by a huge margin, he wont be to unhappy about changing the name, I for example heard of this site the first time and im sure that i will check it out now and then.

]]> By: Deep Jive Interests » Digg History Update 1: KRo says “Release The Hounds!” http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157684 Deep Jive Interests » Digg History Update 1: KRo says “Release The Hounds!” Mon, 28 Aug 2006 07:05:58 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157684 [...] 2) Digg recently sic’d their lawyers to protect their TM “Digg” and “Digg it” on a website called “DiggGames.com”. [...] [...] 2) Digg recently sic’d their lawyers to protect their TM “Digg” and “Digg it” on a website called “DiggGames.com”. [...]

]]> By: mathew baldwin http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157474 mathew baldwin Mon, 28 Aug 2006 02:10:00 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157474 Ah, how you know you've gone from a fun grass-roots feel to a more corporate, brand feel. At any rate, Digg has become too much noise and not enough substance for my tastes. -matt Ah, how you know you’ve gone from a fun grass-roots feel to a more corporate, brand feel. At any rate, Digg has become too much noise and not enough substance for my tastes.

-matt

]]> By: Josh http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157218 Josh Sun, 27 Aug 2006 19:26:05 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157218 @Tcruncher2: Thanks for the reply. I suppose that means the short answer is: a cease and desist was not their only option, but perhaps their best given the situation. I just wonder if there was a more elegant solution. DiggGames was a fairly innocent site, and probably did a lot to promote Digg itself. And given that it seems that most of Digg's users don't understand much about trademark law, this may have hurt their image more than it helps protect their brand (only time will tell, eh?--actually, I'm sure it's yesterday's news already). @Tcruncher2: Thanks for the reply. I suppose that means the short answer is: a cease and desist was not their only option, but perhaps their best given the situation. I just wonder if there was a more elegant solution. DiggGames was a fairly innocent site, and probably did a lot to promote Digg itself. And given that it seems that most of Digg’s users don’t understand much about trademark law, this may have hurt their image more than it helps protect their brand (only time will tell, eh?–actually, I’m sure it’s yesterday’s news already).

]]> By: iggy http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157216 iggy Sun, 27 Aug 2006 19:21:49 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157216 Welcome to IGGY Tv: http://www.iggytv.com Welcome to IGGY Tv:

http://www.iggytv.com

]]> By: Hai http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157154 Hai Sun, 27 Aug 2006 17:56:51 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157154 Interesting article. Interesting article.

]]> By: Knuckles Lantrowsky From Paris http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157109 Knuckles Lantrowsky From Paris Sun, 27 Aug 2006 16:39:07 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-157109 I'll be back for sure. A très bientôt, KL I’ll be back for sure.

A très bientôt,

KL

]]> By: Deep Jive Interests » A Brief History of Digg Controversy http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156953 Deep Jive Interests » A Brief History of Digg Controversy Sun, 27 Aug 2006 13:52:40 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156953 [...] Digg Protects TM, Sics Lawyers on Gaming Site August 2006 — Digg decides to enforce its TM “Digg” and “Digg it”, and sends its lawyers to send a cease and desist letter to DiggGames.com, for a variety of reasons, one of which is to prevent confusion with the parent site. DiggGames.com is a website which hosts games (flash and otherwise) which have been featured on Digg. A lively discussion ensues on Digg, where many opinions, some from lawyers suggest that without defending one’s TM, you could lose it. TechCrunch covers it briefly as well.  Others go on to opine that it is not the fact they are defending their TM that is the issue, but the way they are resolving the issue. Some point to how Engadget is dealing with a Malaysian store who is doing a good job ripping off their name as an example; others yet point to Kevin Rose’s own “on-air/net” personality as a geek-cum-dark tipper as entirely disingenuous with the spirit of the cease and desist letter against a small time operator. [...] [...] Digg Protects TM, Sics Lawyers on Gaming Site August 2006 — Digg decides to enforce its TM “Digg” and “Digg it”, and sends its lawyers to send a cease and desist letter to DiggGames.com, for a variety of reasons, one of which is to prevent confusion with the parent site. DiggGames.com is a website which hosts games (flash and otherwise) which have been featured on Digg. A lively discussion ensues on Digg, where many opinions, some from lawyers suggest that without defending one’s TM, you could lose it. TechCrunch covers it briefly as well.  Others go on to opine that it is not the fact they are defending their TM that is the issue, but the way they are resolving the issue. Some point to how Engadget is dealing with a Malaysian store who is doing a good job ripping off their name as an example; others yet point to Kevin Rose’s own “on-air/net” personality as a geek-cum-dark tipper as entirely disingenuous with the spirit of the cease and desist letter against a small time operator. [...]

]]> By: Tcruncher2 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156792 Tcruncher2 Sun, 27 Aug 2006 11:53:51 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156792 @Josh: "Er, doesn’t that imply that Digg could grant permission to someone using their trademark in the way DiggGames did? And couldn’t they have done so after that fact? So wouldn’t that mean a C&D was _not_ their only option?" The problem with 'granting permission' after the fact is just that - it was done after the fact. The problem with allowing this to occur is that then it would open the 'floodgates' to allow anyone to use their trademark and then request permission, which would leave them open to countless cases of abuse and tarnish their name - all of which would directly contribute to them losing the rights of their trademark if deemed appropriate by the courts. The action they have take is indeed the hardline, and is taken to deter anyone from using their trademark inappropriately in accordance with US trademark law. Had Digggames approached them before the fact, then they may have given digg 'appropriate cause and effect' to provide them with authorisation and also work out a deal were both would profit. This hasn’t been the case, Digggames has profited off someone else's success and therefore, they deserve to be shut-down. Trademark law is put in place to protect instances just like this - otherwise everyone could profit off unauthorised 'spin-offs' and then digg.com would no longer be worth what it is. @Josh: “Er, doesn’t that imply that Digg could grant permission to someone using their trademark in the way DiggGames did? And couldn’t they have done so after that fact? So wouldn’t that mean a C&D was _not_ their only option?”

The problem with ‘granting permission’ after the fact is just that - it was done after the fact. The problem with allowing this to occur is that then it would open the ‘floodgates’ to allow anyone to use their trademark and then request permission, which would leave them open to countless cases of abuse and tarnish their name - all of which would directly contribute to them losing the rights of their trademark if deemed appropriate by the courts.

The action they have take is indeed the hardline, and is taken to deter anyone from using their trademark inappropriately in accordance with US trademark law. Had Digggames approached them before the fact, then they may have given digg ‘appropriate cause and effect’ to provide them with authorisation and also work out a deal were both would profit.

This hasn’t been the case, Digggames has profited off someone else’s success and therefore, they deserve to be shut-down. Trademark law is put in place to protect instances just like this - otherwise everyone could profit off unauthorised ’spin-offs’ and then digg.com would no longer be worth what it is.

]]> By: trevor http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156589 trevor Sun, 27 Aug 2006 09:18:24 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156589 oh give the guy a break techcrunch is riding on the tail of digg.com to oh give the guy a break techcrunch is riding on the tail of digg.com to

]]> By: Duncan http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156324 Duncan Sun, 27 Aug 2006 06:27:02 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156324 To Adam and all the other sicophants defending Digg answer this: Digg is a company that exploits the good will of the community to make it sucessful, but now it's not just exploiting free labour and good will, it's bitting the hand that feeds it as well? Is this a sustainable business practice? A true Web 2.0 company wouldn't have acted this way, sure, they might have wanted the name, but there's a world of difference from putting the lawyers on a fan, and asking nicely to come to terms over perhaps acquiring the domain name instead. After all, say if the lawyers fee was $1k for the C&D (including delivery), wouldn't it have been better if Digg had discussed buying the name for a similar price? I m afraid that as much as I've dugg digg in the past, this, and Kevins thought police wanting to bash anyone who thinks what JCal is doing over at Netscape might have merit, is the end for me....Digg can go get you know whated.... To Adam and all the other sicophants defending Digg answer this: Digg is a company that exploits the good will of the community to make it sucessful, but now it’s not just exploiting free labour and good will, it’s bitting the hand that feeds it as well? Is this a sustainable business practice?

A true Web 2.0 company wouldn’t have acted this way, sure, they might have wanted the name, but there’s a world of difference from putting the lawyers on a fan, and asking nicely to come to terms over perhaps acquiring the domain name instead. After all, say if the lawyers fee was $1k for the C&D (including delivery), wouldn’t it have been better if Digg had discussed buying the name for a similar price? I

m afraid that as much as I’ve dugg digg in the past, this, and Kevins thought police wanting to bash anyone who thinks what JCal is doing over at Netscape might have merit, is the end for me….Digg can go get you know whated….

]]> By: Mike Abundo http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156095 Mike Abundo Sun, 27 Aug 2006 03:27:42 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-156095 In the words of Philippine software dev legend Gil Guanio, <i>intellectual property is garbage.</i> In the words of Philippine software dev legend Gil Guanio, intellectual property is garbage.

]]> By: Reg http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155969 Reg Sun, 27 Aug 2006 02:22:10 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155969 He should have changed it to "DuggGames" - it would be accurate and everyone would know what he meant! On a more serious note, it's a little ironic how the blogosphere rips a pound of flesh from Tim O'Reilly because an affiliate company dared to assert their conference name trademark protection... ...but when the golden boy Kevin Rose does the same thing, it's all okay and undertsood because he "the law requires him to do it." Maybe it helps to be young and much better looking than Tim! Anyway, I'm just waiting to see what happens to http://www.crunchgames.com/ ;) He should have changed it to “DuggGames” - it would be accurate and everyone would know what he meant!

On a more serious note, it’s a little ironic how the blogosphere rips a pound of flesh from Tim O’Reilly because an affiliate company dared to assert their conference name trademark protection…

…but when the golden boy Kevin Rose does the same thing, it’s all okay and undertsood because he “the law requires him to do it.”

Maybe it helps to be young and much better looking than Tim!

Anyway, I’m just waiting to see what happens to
http://www.crunchgames.com/

;)

]]> By: TechCrunch Japanese アーカイブ » Digg、DiggGamesに中止要求? http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155907 TechCrunch Japanese アーカイブ » Digg、DiggGamesに中止要求? Sun, 27 Aug 2006 01:19:55 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155907 [...] [原文へ] Digg [...] [...] [原文へ] Digg [...]

]]> By: Gautam http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155893 Gautam Sun, 27 Aug 2006 01:04:36 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155893 This is so bad considering all digg has is links other people's site. This is so bad considering all digg has is links other people’s site.

]]> By: Brij http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155755 Brij Sat, 26 Aug 2006 22:33:30 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155755 Michael, This issue is important for lot of companies. It will help if some legal mind can step up and do a quick writeup on how to avoid these kinds of situations in the future. This applies to both sides - Web2.0 companies and their fan-sites/meta sites. http://en.wikipedia.org/wiki/Trademark2.0 Michael,

This issue is important for lot of companies. It will help if some legal mind can step up and do a quick writeup on how to avoid these kinds of situations in the future. This applies to both sides - Web2.0 companies and their fan-sites/meta sites.

http://en.wikipedia.org/wiki/Trademark2.0

]]> By: PJ http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155680 PJ Sat, 26 Aug 2006 21:16:52 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155680 This isn't the first time this has happened. This isn’t the first time this has happened.

]]> By: Digg Trademark has been Digged « John Furrier http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155677 Digg Trademark has been Digged « John Furrier Sat, 26 Aug 2006 21:13:18 +0000 http://www.techcrunch.com/2006/08/25/digg-sends-cd-to-digggames/#comment-155677 [...] More comments here and on techmeme.  I’m surprised that Techcrunch didn’t have Mike Arrington comment on this story since he’s been a lawyer but instead Marshall Kirkpatrick posted an overview.  I’d like to hear Mike Arrington’s take on this.  He always has a good legal tech view on these kinds of things plus he’s a huge Digg fan. [...] [...] More comments here and on techmeme.  I’m surprised that Techcrunch didn’t have Mike Arrington comment on this story since he’s been a lawyer but instead Marshall Kirkpatrick posted an overview.  I’d like to hear Mike Arrington’s take on this.  He always has a good legal tech view on these kinds of things plus he’s a huge Digg fan. [...]

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