Diva and Goliath
Kimberly A. Warzelhan
help to spread the word about a giant injustice done to the Digital
Divas by Microsoft.
Since I am not the best at phrasing this, I thought it'd be best to
offer you all the url to go and read about it:
http://www.digitaldivas.com/gol
and the press release:
FOR IMMEDIATE RELEASE
Contact:
Faith A. Kaminsky
(212)741-0714(phone)
(212)337-3288(fax)
pr...@digitaldivas.com
www.digitaldivas.com
DIGITAL DIVAS SEEK TO STOP MICROSOFT'S TRADEMARK INFRINGEMENT
NEW YORK, NY - May 1, 2000 - After Microsoft ignored a cease
and desist letter sent on April 25, 2000, the Digital Divas
(www.digitaldivas.com) have launched a massive internet
campaign known as "Diva and Goliath" to stop Microsoft's
continued infringement on their trademark. The Digital Divas
discovered in April that Microsoft launched a promotion known
as the Microsoft Digital Diva (www.digitaldiva.com), employing
a woman who appears to offer help to consumers with computer
and the internet use. According to Digital Divas founder Dana
Whitmire (www.danas.net), "these are exactly the types of
services our group has offered to the internet community for
almost three years. We feel Microsoft has tried to capitalize
on the good will we have worked hard to build."
The Digital Divas were founded by Whitmire in 1997. They
provide computer and internet assistance from their website and
promote the services of their members, all of whom are
experienced and successful computer professionals. The group
is composed of 71 members from 17 U.S. states and 7 foreign
countries. The purpose of the Diva and Goliath campaign is
threefold. According to spokesperson Faith A. Kaminsky, "our
small group has limited resources. We are hoping that the
campaign will get the internet community behind us, help us
raise some money to commence a lawsuit, and hopefully attract a
lawyer to assist us." The Digital Divas are the founders of
Grey Day (www.greyday.org), an annual copyright awareness event
that began on October 1, 1998. Many of the members, including
Timmi Sommer feel that Microsoft's actions "are particularly a
slap in the face" for that reason.
The cease and desist letter sent to Microsoft was written by
the New York law firm Moses & Singer (www.mosessinger.com) on a
pro bono basis. According to Kaminsky, "we are extremely
grateful for the assistance of David Rabinowitz and Mark
Marderosian, but we understand that it is a big task for any
lawfirm to accept on a pro bono basis."
Complete information about the Diva and Goliath campaign can be
found at www.digitaldivas.com/gol
If you've read this far, thank you very much, and we would truly
appreciate ANY help you can offer to this campaign, even just a link
would help us immensely.
Thank you for your time ladies and gentlemen.
Sincerely yours, Kimberly A Warzelhan
--
Web Design by Frogfrau!
http://www.frogfrau.com
"The truth shall set you free."
(but first it'll really tick you off.)
--
Web Design by Frogfrau!
http://www.frogfrau.com
"The truth shall set you free."
(but first it'll really tick you off.)
Kimberly A. Warzelhan
Kimberly A. Warzelhan
Fred Telegdy
appropriated their trademark rights". If this is to mean that Microsoft
has obtained the trademark of "Digital Diva", then, by law, they own the
trademark and the name and they should be giving you a cease and desist
letter. The problem with trademarks, and service marks, is that it's not
how long you've been using the name or who got there first. It's who
registered and was awarded the trademark, or service mark, first. You
could use a name for 20 years, but if someone else registered for and
was awarded the trademark, then it's theirs.
I guess my question is, when did Digital Divas REGISTER the trademark?
There is no mention of this in any of the literature. There is only
mention of how long Digital Divas has been around and, as I have pointed
out, this has no bearing on the issue.
--
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Danny Ferrara
> I am sorry for the DOUBLE POST
This is Dan , How are you, I miss you. I have been sending emails to errat...@erraticfrog.com and frog...@frogfrau.com.
Also spoke to Janelle a couple times asking for you to call me.
Best Regards,
Dan