Inside Communications Sues
Scott Zagarino
ECVRYTHING is fodder for litigation and legal fees".
Greetings VeloNet Members,
The legal representatives of Inside Communications, publishers of
VELONEWS and Inside Triathlon, have written to me insisting that we
cease to use the VeloNet trademark. I have included a copy of the
letter below for your perusal and analysis.
As most of you know, VeloNet is a purely volunteer operation managed
in my spare time. No money is charged for any of the services
provided and no sponsorship is sought or accepted. Moreover, I
recently declined an offer from a commercial online service to buy the
VeloNet trademark.
It seems clear that Inside Communications is attempting to secure the
VeloNet trademark for their own commercial purposes. Given the time I
have put into the VeloNet project, and the usefulness it has provided
to tens of thousands of cyber-cyclists, I am reluctant to cave into
their legal posturing.
If you are a copyright lawyer, or have legal experience in the field
of trademarks and copyrights, I would greatly appreciate your advice
in this matter.
Thanks!
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Patrick Goebel | voice: (415) 321-2052 ------ __o
CASBS/GCN/VeloNet | fax: (415) 321-1192 ------- _`\<,_
202 Junipero Serra Blvd. | ---- (*)/ (*)
Stanford, CA 94305 | High Speed Digital Commuter
http://cycling.org |
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* * * * *
FROM: Scott S. Havlick
Holland & Hart
Attorneys At Law
Boulder Colorado
October 27, 1995
By Federal Express
Mr. R. Patrick Goebel
202 Junipers Serra Blvd.
Stanford, CA 94305
RE: Use of the trademark VELONET
Dear Mr. Goebel:
Inside Communications, Inc. has reviewed your October 12,
1995, response to its inquiry for more information about your use of
"VeloNet." Perhaps a further explanation of Inside Communications'
concerns will persuade you of the importance of this issue to
VeloNews. My first letter to you was an earnest request for further
information about your service. Your letter contained limited
information about the nature of your use of the word "VeloNet," but
Inside Communications is unwilling to ignore your use.
As we have previously tried to explain, Inside Communications
puts out a variety of publications and has a number of commercial
ventures using marks involving the arbitrary term "Velo" (taken from
the root of "velocipede"). Those marks include VELONEWS, VELO, VELO
PRESS, and VELOSWAP. Photocopies of samples of those products and
marks are enclosed with this letter for your information. As you can
see each of these marks, which share the common family denominator
"VELO," have been used in connection with goods or services catering
to the cycling market, just as do your services.
The VELONEWS mark alone has been in use for more than two
decades. During this long and continuous period of use and promotion,
literally millions of dollars have been spent promoting VELONEWS and
the other "VELO" products, publications and services. VELONEWS is a
distinctive mark. Indeed, Inside Communications is aware of no other
bicycling related product, publication, or company using "VELO" alone
or in combination with other elements or words. As such, Inside
Communications has created a valuable asset which it must protect.
My original letter was motivated by Inside Communications'
concerns that your use of "VeloNet" dilutes the distinctiveness of
Inside Communications' family of trademarks and creates the erroneous
impression among consumers and others in the industry that there is
some relationship between you and your "VeloNet" service and Inside
Communications and/or its various publications. Such a likelihood of
confusion, mistake and deception directly violates the U.S. trademark
laws, specifically sections 32(1) and 43(a) of the Lanham Act, 15
U.S.C. 1114(1) and 1125(a).
Your October 12, 1995, letter has heightened Inside
Communications' concerns about your use of "VeloNet." Inside
Communications is not surprised to learn that you are aware of the
commercial value of the use of "VeloNet" or that you have received
offers from commercial on-line services for use of "your" mark. The
mark's value and recognizability amongst the cycling community flows
directly from the notoriety and goodwill associated with Inside
Communications' VELONEWS mark. That notoriety and goodwill has been
developed at great expense and through great effort over more than
twenty years. Moreover, the visits you claim your home page has
enjoyed has increased the urgency of this matter to my client.
Thus, while Inside Communications wishes to be reasonable in
permitting you a transition period to implement a new mark to identify
your services and home page name, it is imperative that you
immediately begin the process of transitioning to a new mark.
Please let me know your intentions with respect to this
request on or before November 2, 1995.
Sincerely,
Scott S. Havlick of Holland & Hart
SSH:dr
Enclosures
cc: Inside Communications, Inc.
Robert W. Stone, Esq.
TriDork
>VELONEWS and Inside Triathlon, have written to me insisting that we
>cease to use the VeloNet trademark. I have included a copy of the
>letter below for your perusal and analysis.
>
>As most of you know, VeloNet is a purely volunteer operation managed
>in my spare time. No money is charged for any of the services
>provided and no sponsorship is sought or accepted. Moreover, I
>recently declined an offer from a commercial online service to buy the
>VeloNet trademark.
>
>It seems clear that Inside Communications is attempting to secure the
>VeloNet trademark for their own commercial purposes. Given the time I
>have put into the VeloNet project, and the usefulness it has provided
>to tens of thousands of cyber-cyclists, I am reluctant to cave into
>their legal posturing.
>
>If you are a copyright lawyer, or have legal experience in the field
>of trademarks and copyrights, I would greatly appreciate your advice
>in this matter.
>
>
>Thanks!
> Patrick Goebel | voice: (415) 321-2052 ------
>FROM: Scott S. Havlick
> Holland & Hart
> Attorneys At Law
> Boulder Colorado
legal mumbo jumbo deleted
>Inside Communications is unwilling to ignore your use.
>
>ventures using marks involving the arbitrary term "Velo" (taken from
>the root of "velocipede"). Those marks include VELONEWS, VELO, VELO
>PRESS, and VELOSWAP. Photocopies of samples of those products >
Indeed, Inside Communications is aware of no
other
>bicycling related product, publication, or company using "VELO" alone
>or in combination with other elements or words. As such, Inside
>Communications has created a valuable asset which it must protect.
They appear to be not very well informed.....
This may not help, but there is a bicycle accessories and
clothing store in Toronto that goes by the name "Velotique"
I've even bought stuff from there and get their catalogue
regularly.
There is no confusion on my part. I don't think they can have
the rights to the exclusive use of a latin word can they?
Velodrome for example is not on their list.
Weenie lawyer signature follows
>Scott S. Havlick of Holland & Hart
Velo is a latin word. Net is common useage.
Counter sue them for harrasment.
Maybe a lawyer, not just an actor, can give you some useful
advice. Fight these bastards all the way.
Damn I'm glad I don't live in the land of the free..... However
things are getting worse here in the still united Canada.
TriDork
TriDork
I regularly use a device called a VELOMETER. I measures air flow,
pressure etc in heating and air conditioning ducts etc. Based on
the condition of the case it's housed in, it's more than 20 years
old, so maybe VELONEWS should be sued by the Velometer people!!!!
We just had part of it replaced so they're still in business.
TriDork
JWalth1590
of these periodicals. Anyone know a web or E-Mail address for Inside
Communications? Let's all write