From cube-lovers-errors@mc.lcs.mit.edu Mon Nov 2 09:40:50 1998 Return-Path: Received: from sun28.aic.nrl.navy.mil by mc.lcs.mit.edu (8.8.8/mc) with SMTP id JAA29402; Mon, 2 Nov 1998 09:40:48 -0500 (EST) Precedence: bulk Errors-To: cube-lovers-errors@mc.lcs.mit.edu Message-Id: <363B1799.3534@hrz1.hrz.tu-darmstadt.de> Date: Sat, 31 Oct 1998 14:58:49 +0100 From: Herbert Kociemba Reply-To: kociemba@hrz1.hrz.tu-darmstadt.de To: cube-lovers@ai.mit.edu Subject: Unauthorized Use of RUBIK'S CUBE and CUBE Design Marks? About 2 weeks ago I received the following message and it seems to me that it might be interesting for you too: > Subject: > Use of RUBIK'S mark > Date: > Sun, 18 Oct 1998 21:05:31 EDT > From: > CK4IPLAW@aol.com > To: > kociemba@hrz1.hrz.tu-darmstadt.de > > > CLEARY, KOMEN & LEWIS, LLP > 600 Pennsylvania, Avenue, S.E. > Suite 200 > Washington, D.C. 20003-4316 > Telephone: 202 675-4700 > Telecopier: 202 675-4716 > E-Mail: ck4iplaw@aol.com > > > October 18, 1998 > > Via Electronic Mail > > Herbert Kociemba > kociemba@hrz1.hrz.th-darmstadt.de > > Re: Unauthorized Use of RUBIK'S CUBE and CUBE Design Marks > > Dear Mr. Kociemba: > > This firm is intellectual property counsel to Seven Towns Limited ("Seven > Towns"), the manufacturer and worldwide distributor of the RUBIK'S CUBE three- > dimensional puzzle and provider of an electronic version of the puzzle via its > official web site, which is located at http://rubiks.com. > > The RUBIK'S CUBE mark is famous throughout the world. The distinctive > overall appearance of the RUBIK'S CUBE puzzle also is a famous trademark owned > by Seven Towns. These marks are registered or are the subject of pending > trademark applications in most of the major countries of the world. > > It has come to our attention that your web site features a program under the > name of Rubik's Cube Explorer. I must advise that your unauthorized use of > the RUBIK'S CUBE mark owned by Seven Towns constitutes trademark infringement. > Specifically, the use of this mark in designating the origin of your program > confuses the public into believing mistakenly that it derives from, is > associated with, or is endorsed or sponsored by the owner of this commercial > symbol (i.e., Seven Towns). Moreover, apart from causing consumer confusion, > your use of the well-known mark dilutes its distinctive value in violation of > the federal and state anti-dilution laws. > > Seven Towns appreciates your interest in the RUBIK'S CUBE puzzle, and it > certainly does not wish to inhibit legitimate discussion of the puzzle on the > Internet or in any other medium. However, it also must be vigilant in > maintaining the value and integrity of its intellectual property. It cannot > afford to lose control over its commercial reputation, or damage to its > substantial goodwill, by permitting another party to use its trademarks or > trade dress in a manner that causes source confusion or otherwise dilutes > their selling power. Thus, Seven Towns requests that you remove from your web > site the electronic version of the RUBIK'S CUBE manipulative puzzle, and that > you discontinue any further use of the term RUBIK'S CUBE or any similar > designation in the prominent, source-indicating manner of a trademark. > > I hope that you are understanding of our client's position, and I thank you > in advance on behalf of Seven Towns for your prompt attention to this matter. > > Sincerely yours, > > //sjm// > > Scott J. Major Indeed the headline of my homepage at http://home.t-online.de/home/kociemba/cube.htm was "Rubik's Cube Explorer 1.5". So I removed the word "Rubik's" and added some note at the bottom of the page (...blah blah is not derived from, is not associated with blah blah...). I definitely will not remove the program from my homepage. This seems ridiculous. I know, that other cube fans received similar mail because they have some similar statements on their homepages now. What do you think about that? Herbert Kociemba