Found this in my email today...was concerned as to the implications:
The staff would like to bring to your attention a situation that has arisen. A situation that has the potential of causing alot of confusion and also hurt feelings.
Kim (aka badasschick) has decided that things at The Fanlistings are not run to her liking, and has decided to open up her own Fanslist network. The staff is concerned that there will be confusion between the two sites (especially with the names being so similar). We are also under the belief that she has basically stolen the idea and wants to use it to hurt The Fanlistings.
The staff has been trying to do what it can to make The Fanlistings something that everyone will enjoy. We are working very hard to keep this site up-to-date. We feel that what is being done is a slap to our face, as it is being set up by someone who has shown (on this list and on the forum) that she has issues with the staff and Janine.
We ask you all for your support during this time. We are not asking you to do anything to hurt Kim as she tries to do this but we also wanted you to know that we are not happy with the situation.
You can support The Fanlistings Network by suggesting ideas for the site, by reading the archives before asking questions that have been answered just a few days (sometimes hours) earlier, by letting us know if you find a fanlisting is no longer available or is inactive, and even by telling us if you think a staff member is not doing their job.
We thank all of you for your support and for YOUR work on the Fanlistings Network - this site would not be what it was if not for all of the wonderful fanlisting owners, soon-to-be owners, and fans!
Sincerely,
The StaffThat was the initial letter. I was upset that, just because someone didn't agree with the way things were being done, that she thought she had the right to go and essentially copy this site....Then
Becca sent this:
While you have all probably already thought of this, I figured I'd point out the obvious --
trademark
n. a distinctive design, picture, emblem, logo or wording (or combination) affixed to goods for sale to identify the manufacturer as the source of the product. Words that merely name the maker (but without particular lettering) or a generic name for the product are not trademarks. Trademarks may be registered with the U.S. Patent
Office to prove use and ownership. Use of another's trademark (or one that is confusingly similar) is infringement and the basis for a lawsuit for damages for unfair competition and/or a petition for an injunction against the use of the infringing trademark.
Copyright protects expression. The Copyright Act of 1976 states that the items of expression can include literary, dramatic, and musical works; pantomimes and choreography; pictorial, graphic and sculptural works; audio-visual works; sound recordings; and architectural works. An original expression is eligible for copyright protection as soon as it is fixed in a tangible form.
Consequently, almost any original expression that is fixed in a tangible form is protected as soon as it is expressed. For example, a graphic created in Photoshop is protected as soon as the file is saved to disk. A Web page is protected as soon as I stopped typing and saved the .html file. Most of the items that you are likely to
encounter on the net are eligible for copyright protection, including the text of web pages, ASCII text documents, contents of email and Usenet messages, sound files, graphics files, executable computer programs and computer program listings.
Essentially what Kim (whoever she is, I mean no dissing in this) is doing is not a only an infringment of trademark but also copyright. The similarity of the site names would be in US Law a direct violation of both Janine and the staff's own legal rights. It's been said before and will probably be said a million times more, Janine CREATED the idea of a fanlisting and therefore any and all aspects of it belong to her and her chosen associates.
Personally, I believe Becca has good points....and, no, it isn't a generic term, either....Take, for example, Kleenex. Since so many people used the brand name as a generic term to refer to tissue paper for the face, Kleenex, the company, basically lost the copyright on the word kleenex. However, as it refers to thefanlistings.net, Janine created this concept and Kim putting up a group called Fanslist is essentially copyright violation. It has been precedented that two companies with similar names can have a suit if one company can prove that the other, younger company did create a similar name with intent to confuse the consumer as to which was which.
Well that's my five cents on the subject.
