Ya just gotta love the Wastetower eh, once the Wastetower starts doing shyt like this you know there feeling the pressure! It's stuff like this that just strengthens apostate warfare! Might be time for some assembly visits for some fun!
Quotes website receives "Cease & Desist"
by Quotes 286 Replies latest members private
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Savage_Buda
Legal Letter ?
The WT believes that the website is in violation of copyright law; they provided a few examples and asked for the site to be shut down. Anytime someone sends out a legal challenging document, it?s going to be 100% in favor for the person wanting it. Any large corporation would have done the same thing. ?We want it all no exceptions ? we are right, you are wrong, do it now or else!!!!? True the ?WT? could have sent a nice note to ?quotes? and asked them to remove the offending parts but that is not how the ?WT? or even the ?organization as a whole? works. All of you x-JW knows that ?if you don?t go door to door you could face disfellowship?
Compromise ? middle ground
AlmostAthiest has a valid point. Compromise is always good thing; it saves each side time and money. Right now ?quotes? is in a good space ? no really. First off the ?WT? feels that they are in the right and believe ?quotes? has violated the law. Second ?quotes? feels that he is right and is following the copyright law. Now is the time to compromise and find out exactly is legally wrong. Not wrong in the eyes of the WT but legally wrong. Of course this will cost ?quotes? and the ?WT? ? time, money and effort but far less then if they went to court to battle over it. Now of course ?quotes? has a lot of choices in what he can and cannot do.
One thing that a lot of people fail to remember about any type of lawsuit ? they will always ask for more then what is legal or ethical (generally speaking of course). For all we know, ?quotes? is within the bounds of the law and the ?WT? is trying scare him with a fancy Attorney firm (in light of all the music copyright violations) or the site is almost legal just need to correct a few things. That is where a lawyer comes into play. What sucks is that in order to do this, it will cost ?quotes? money. I?m all in favor of a legal defense fund and also contacting freedom of speech organizations for help and support.
What is really crappy is that even after ?quotes? gets a lawyer and the lawyer goes over it with a fine tooth comb ? the ?WT? may still want to go to court, which is going to cost more time and money ? of which the ?WT? has a lot of it.
My 6 cents is that if the compromise is starting to look like it?s not going to happen ? I would make it as newsworthy as possible. There are enough of us in different states that can really make a stink about it. From putting in commentary ?Dear Editor ? it really chaps my hide that the JW religion sucks?.? to calling attention to the suit at the news station.
Unfortunately there is no written measure of how far fair use is . I hope that you keep the site up because it is an educational resource.
Of course, please keep us up to date as you legally can.
Savage
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Kenneson
Almost Atheist stated: "I think the issue here would be the similar nature of the use of the names. Quotes isn't just using the Watchtower as a name of his product, like "Watchtower Coin Collecting" or something. It's being specifically used in the same manner as the Watchtower. I would bet they have a case on this one. Like those celebrities that won back the use of domain names after them, demimoore.com, tha sort of thing."
I see at the United States Patent and Trademark Office that the Watchtower has indeed registered a trademark for the word Watchtower and the design (watchtower image); this they did in 2002. But I was wondering what effect would this have if the sites that are using Watchtower and the design in their names existed before the Society registered? Could they still force these sites to remove the name and design?
Also, I found the following quite interesting.
http://www.jehovahs-witness.com/11/83537/1.ashx
P.S.They have registered it as Watchtower but I don't see anywhere that they registered Watch Tower. Quotes really needs a copyright lawyer, who can help unravel all of this.
Also, if they have registered the words Jehovah's Witnesses, I did not find it. Maybe someone should beat them to the draw.
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Scully
Also, if they have registered the words Jehovah's Witnesses, I did not find it. Maybe someone should beat them to the draw.
LMAO - now wouldn't that be a hoot!?! I could register the name Jehovah's Witnesses, Jehovah's witnesses, Jehovah witness, Jehovah Witness, Jehovah and then compel the WTS to stop using the name because I own the ?.
Or maybe collect royalties from them for every time they use it.... heh heh heh
Love, Scully
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Quotes
Just wanted to let everyone know I have been reading your posts and thank you for your ideas.
At this time I'm not going to comment (oh boy, listen to me.... "no comment"... sheesh).
I will keep you advised if anything develops that I can post. In the meantime, the C&D did give me "10 days" to comply, so nothing will change in "knee jerk" fashion.In other news... re: Shane Brady
As Scully pointed out, Brady's award last summer for his supposedly "pro bono" work in the calgary case... Some (including myself) have noted that Brady's work could hardly be considered "pro bono" as he was maintaining WT's position, and WT is his "boss" (for want of a better word).
Brady, and Glen How & Assoc. maintain a thin veneer that they are seperate and distinct from WT. (Look at the footer of the C&D: the mailing address is a PO Box, and the street address is given as an obscure street number on Hwy 7. Note that Hwy 7 is the same highway that WT Canada is on, this may indeed be the very same street address as WT; if it isn't I'll bet it is the house next door, which they also own. Can anyone confimr?).
However: The Expresspost label on the envelope of the C&D had a pre-printed return address of "Watch Tower Bible & Tract Society". Someone had attempted to hide this with a black magic marker, but it is still clearly legible under a strong light.
This is just another nail in the coffin proving that Shane Brady's claim of "pro bono" work (and acceptance of an award for same) was actually work done for and paid by his employer, where he is the in house consel and uses their facilities including their mail room. Don't people get disbarred over this? It would be interesting if the Cdn Bar were to visit the offices of How & Assoc to see exactly the nature of the relationship.
~Quotes, of the "Establising and Legally Defending" class -
Leolaia
However: The Expresspost label on the envelope of the C&D had a pre-printed return address of "Watch Tower Bible & Tract Society". Someone had attempted to hide this with a black magic marker, but it is still clearly legible under a strong light.
Oh my God, I actually laughed out loud at this! Amateurs.... LOL!
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Will Power
Quotes: maybe the general public should serve CEASE & DESIST papers to the WT! SIGN ME UP!! and YOU sure make sure the reader knows exactly who is the OWNER of such WISDOM. Are THEY embarassed? sorry, I just have a hard time understanding how this is supposed to be free for all - your eternal life depends on it - yet they selfishly control, AND bring legal action to suppress. God help us all.
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Simon
I think some compromise is the best way forward - what 'we' should aim for IMO is to keep the site up. Nothing else.
If you try and fight the use of the name and logo then it's extremely likely that you will lose - there are clear laws and precedents on this. Yes, words have several meanings but if you setup a site selling books and call it 'amazon-books' then you will get your ass kicked.
There is a time to fight and a way to fight and doing it on the battle-ground that your opponent picks and that favours them I think would be a very bad move. They have money. Lots of money. Unless you have a clear legal claim then I think it's not something worth fighting.
The best way forward is to adjust the site so it does not violate copyright law and so that it can remain up. Do people visiting really care if it has the watchtower logo in the corner or not? They know it isn't the official site so why fight over it?
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Kenneson
Scully,
It was wishful thinking on my part. According to an article I read, "Trademark rights arise upon use. It is not necessary to file a state or federal trademark registration in order to claim infringement. In the United States, proprietary names can gain common law protection and this protection is available even without having a registration filed." I suppose Jehovah's Witnesses, as well as Watchtower (etc.) are proprietary names???????????
http://www.weblawresources.com/trademark-registration-article.htm
In addition, on the right under Useful Articles, click When is a Trademark Search Necessary?
Oh, I just noticed Simon's post. He's right.
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Scully
Thanks Kenneson. So much for padding my retirement fund. LOL