David and Goliath
Serti
days ago. If nothing else, reading it might make you think twice about
using/buying/whatever they are doing, as they seem to take more delight
in bullying the little nonprofit guy (who had the name in 2003) vs.
trying to have a working relationship with their audience. We aren't
even a competitive business.
Since they are threatening me, please refer to me only as "Serti"
online. If they want to pay an attorney, make him earn his money.
Please feel free to post or distribute this to any knitting blog or
newsletter you think might find this interesting.
I take full responsibility for this group, and I am its sole owner. So
Goliath, if you want to stir the pot, come after me.
Serti
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
We believe you have mistakenly named your group after our magazine.
Unfortunately, this could cause some confusion for our subscribers and
advertisers, as well as potential subscribers and advertisers.
Please refrain from using Cincinnati Knitting except when referring to
our magazine. I was forwarded an invitation you sent out to attend an
event by Cincinnati Knitting which did cause confusion as we are also
sponsoring upcoming events.
- James Wynn
Publisher, Cincinnati Knitting
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Hello,
I don't wish to be argumentative but our knitting group has been in
existence since January 10, 2003 (and I can provide documentation of
this if you wish). So, it would be more plausible that you have
mistakenly named your new magazine after our group. I would suggest if
you truly feel there would be confusion between an established group
of knitters who have monthly meetings vs. a magazine, that you use
"Cincinnati Knitting Magazine" vs. our "Cincinnati Knitting Group" in
conjuction with any meetings, advertising, etc.
I am not sure how you received an invitation to join our group as they
only went out to members migrating from our old website to Google
Groups (and I do remember reviewing a membership application with
"cincinnatiknitting" as part of the email address). The explanation of
our group's function and purpose on the welcome page clearly defines
our activities.
We are not claiming to be a part of your organization, nor do we have
any type of magazine or competitive business affiliated with us. We are
a non-profit entity that meets in person twice a month. We will
continue to use the name "The Cincinnati Knitting Group" and/or
"Cincinnati Knitting Group" - however, I will be happy to put up a
notice on our site that we are not affiliated with you in any way, if
you wish.
Good luck with your new venture - I'm sure my group would be
interested in seeing new patterns and learning knitting techniques.
Will it be in print or online?
Serti
Owner/organizer, Cincinnati Knitting Group
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Please provide an address where our attorney can contact you. I tried
to be nice about this, but we have a trademark pending, and have spend
a lot of time, effort, and money to launch this magazine. It is
unacceptable to us that you continue to use our name for your group.
- James Wynn
Publisher, Cincinnati Knitting
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
I tried to be nice as well, and hoped we could have had a mutually
beneficial relationship.
I, too, have put much time, money, and effort into my group.
If you are trying to induce ill will with the very community and
advertisers that you are making an attempt to appeal to, you have
gotten off to a very good start.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Peggy
in Cincinnati, wouldn't at least a few of us know about it? Wouldn't the
shop owners be displaying a notice about it? There is no mention about the
magazine anywhere on the web. The only mention of the guy is in the phone
directory. Wouldn't he be someone of notice if he were to start up a
magazine? What is the deal?
Serti
to give them hits, and b) it's not functional anyhow - it's one front
page with a couple of buttons that don't do anything. It says "May
2004", I know they're planning on publishing May 1st (of this year) so
you'd think they'd update. The domain name was registered this month,
so I know it wasn't from last May.
Serti
meetings in Guantanamo. :-)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~`
You are the only person I have encountered ill-will from. The yarn
shop owners and the rest of the knitting community have been very
welcoming. I am really sorry that you have decided to go down this
road. We have not authorized you, SERTI, to use our name, or the group
you set up with GoogleGroups, or use our name to advertise any of your
activities.
We will now go through the expense of hiring an attorney who will
provide cease-and-desist notices to everyone we find you have used the
name with. Ultimately, you will be found responsible for paying for
this expense, which can easily run into six figures. Additionally, we
will be seeking damages from you.
Please provide me with the name of your attorney, and your name and
address. Further communication with you on this point seems like it
will not be productive. It is very difficult to take you seriously
since you refuse to use your real name.
If you wish to buy the name from us, along with the magazine, we will
entertain offers starting at $5,000.00.00, which will compensation us
for our time, effort and capital investment to this point.
I look forward to hearing from you attorney, and letting him discuss
settlement with your attorney.
- James Wynn
Publisher, Cincinnati Knitting
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
YOU have never been authorized to use OUR name. Cincinnati Knitting
Group isn't, hasn't been, and never will be YOUR name, as you keep
claiming. Our group was founded in 2003, using the Cincinnati Knitting
Group name, and you didn't even have a domain registered until a few
days ago.
Perhaps I am the only person who you've encountered uncooperativeness
from because we are the only group whose name you are actively trying
to STEAL. The yarn shop owners, reporters, social activists, knitters,
and other people that I've spoken to in our group have been and will
be very interested to see your company's threats against me, and any
legal action you take will be observed by the entire knitting
community.
We do agree on two points; this could have been a very productive
relationship, and you're correct, you will hear nothing further from
me.
Serti
Yarn Bob
have a leg to stand on.
In fact, in order to really prove to him that we have NOTHING to do
with his magazine, we should attempt to contact all the LYS in Greater
Cincinnati (including Dayton, Indiana & Kentucky!) and let them know
about CINCINNATI KNITTING GROUP moving over to Google Groups...and
asking if they'd mind us setting out sign-up sheets or 8-1/2" x 11"
advertisements.
"Interested in Knitting around Cincinnati? Want to join other
like-minded knitters and fiber artists? We're a groups of knitters
that get together on a regular basis around the city. Go to Google
Groups and join us. We'll let you know the When and Where."
Either way, our name is different from his name. He can't dispute
that, and any knowledgeable copyright attorney would know this. He
would simply be wasting his money on legal/court fees, creating divides
in our community, and ostracizing himself. If that's what he wants,
he'll dig his own hole!
Bob LoParo
yarnbob514 AT yahoo DOT com
http://bobterpgaysian.blogspot.com
Yarn Bob
I've posted some responses to "Ms. Wynn", as has another knitter (Kati
Willow).
http://knitting.meetup.com/70/boards/view/viewthread?thread=1379691
Ms. Wynn has finally replied to the question - print or e-zine: "As far
as publishing goes, we are publishing to the web in May, and going to
hard print with our October issue. That is, if Sheryl doesn't manage to
kill us off before then. Then again, maybe that was her plan from the
beginning."
I don't know about you, but I would call this libelous material. Ms.
Wynn is alleging (in print), that Serti/Sheryl has malicious intent and
motive against Ms. Wynn and her respective publication. Ms. Wynn and
her upstart business should be careful about throwing stones and giving
others' reason to file lawsuits against her!
Anyway, we should all just take a page from Sheryl's book and NOT
entertain Ms. Wynn anymore. If she wants to waste her time, money, and
efforts on bringing a useless (unwinnable) lawsuit against us and the
Cincinnati Knitting Group, let her. She won't succeed. And she's
already besmirched her reputation and the reputation of any/all her
endeavours (present and future!).
Getting on with LIFE:
1) Regular Cincinnati Knitting Group meetings: 3rd Mondays at Fiber
Naturell, 4th Wednesdays at the Blue Ash Library on Cooper Rd.
2) Next Meeting - Monday, May 16th, Fiber Naturell - 7pm-9:30pm-ish.
What's the "lesson" to be taught? I'd like to learn about picking up
edge stitches (whether it be for Entrelach, connecting sleeves/edging,
etc.). Or how about a felting lesson? (I can't be there on
Monday...but I can make the Wednesday, May 25th meeting!) :-(
3) Yarn Swap at Fiber Naturell - some Sunday in June. Tosha, remind
us!
What else? Oh yeah, my stitch markers should be at Fiber Naturell by
the end of this week. Be on the lookout for them. I think that they
are reasonably priced (if not "bargain-basement-"!). Check them out.
Bob LoParo
(513) 200-7523 (cell, v only)
Blog - http://bobterpgaysian.blogspot.com
Auddio
Maybe its just me, but could this be a publicity stunt?
I am sorry that I don't know any of you personally, you all have such
strong personalities! Great people. And Bob-- I checked out some of
your stitch markers (on your blog, I think) and they are beautiful.
Audrey
auddio AT gmail DOT com
Audra
think they're doing. It's a scam or something. {{hugs}} to you, Serti,
and way to go on the post at Meetup, Bob!