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---- Original Message ----
From: "Tom Jennings" <tomj@wps.com>
To: "janis kracht" <janis@filegate.net>
Cc: "Ward Dossche" <wd@skynet.be>;
<sysop@f1.n770.z6.fidonet.org>;
<lam@fidonet.org.ar>;
"Richard Peer" <peerrk@safrica.com>;
"Malcolm Miles"<z3c@z3.fidonet.org>; <mgm-ns@tardis.net>;
"Thom LaCosta"<baltimoremd@baltimoremd.com>;
"Ol'WDB"<WDBonner@pacbell.net>
Sent: Saturday, March 17, 2001 11:43 PM
Subject: Re: FidoNet TradeMark (fwd)

I don't get involved in local squabbles.

The text should read:

Fido, FidoNet and the dog-with-diskette are registered trademarks of Tom Jennings, San Francisco California, USA.

The little (r) things are extraneous and should be removed, and the P.O. box mailing address is long obsolete.

I'm really not interested in arguing with anyone. Trademarks can be viewed on various databases and the existence of my trademarks is easily verifyable, and not subject to arguing.

I'd appreciate it if you could make these edits, really. Thanks!

tomj

On Fri, 16 Mar 2001, janis kracht wrote:

Hello All,

Today I received a request from a member of Fidonet, which I am forwarding to you. As Zone 1 Coordinator, I ask that the Zone Coorinator Council members read this note and the attached message in order to help me to convince our International Coordinator, Ward Dossche, to return the copyright and trademark statements to the zone 2 nodelist that he generates. I also request that Ward publically rescind his statement that the trademarks and copyrights held by FidoSoftware and Tom Jennings are "not valid".

Ward, as the International Coordinator of Fidonet you have stated that it has been your intent to protect the name of Fidonet from misuse and abuse as far as the ownership of internet domains which carry the name of fidonet (fidonet.org, fidonet.be, etc.). Yet you have indicated that you have discarded the copyright and trademark text on the zone 2 node list, and you have stated publically that you believe that the trademarks held by Tom Jennings and FidoSoftware in the Fidonews publication and the in the nodelist are not valid.

Please note:

(From the nodelist)
The FidoNet(r) NodeList, a listing of the systems within FidoNet.

Copyright 2001, Fido Software. All rights reserved except for the following:
[...]
Fido(r), FidoNet(r), and the dog with diskette are registered marks of Tom Jennings and Fido Software.

It has come to my attention in your post in the Fidonews echo that you have removed the copyright and trademark text from your nodelist. This is a clip from your post to Warren Bonner, current Editor of FidoNews:

>WD>There is no such copyright nor is there such a trademark <period>. When I removed that stuff from the nodelist-prolog an uproar started in zone-1,

JK> Rightfully so! You are completely wrong. Attached is information that applies to the registered trademark held by Tom Jennings. It is my understanding of copyright law in the United States that once published publically and internationally, the Copyright held by the editor of Fidonews is also valid.

JK> Here is the copyright statement from Fidonews:

"Fido", "FidoNet" and the dog-with-diskette are U.S. registered trademarks of Tom Jennings, P.O. Box 410923, San Francisco, CA 94141, and are used with permission.

JK> Fidonews is published weekly by and for the members of Fidonet. Fidonews is Copyright (C) 2000 by Warren Bonner

JK> If you need a copy of the copyright and trademark text for the nodelist, I will be happy to send it to you.

Sincerely,

Janis Kracht
Zone 1 Coordinator

International coordinator, IFDC FileGate Project (service mark)
http://www.filegate.net/ Mail: janis@filegate.net
ftp://filegate.net/telnet://filegate.net icq: 25251567
FidoNet: 1:2320/38 (1-502-245-6778) Mandrake 7.2

-=+ ALSO +=-
Contrary to statements made by IC Ward Dosche, FidoNet is a registered trademark in the United States

Serial Number 73591035
Registration Number 1452977
1st Use Date June 18, 1984

Applicant, Registrant and Last Owner:
Thomas Daniel Jennings
2269 Market Street #118
San Francisco, CA 94114

Correspondent
Danield L. Appelman
Heller, Ehrman, White and McAuliffe
University Avenue
Palo Alto, CA 94301

A similar search for Fidonet in Canada and Eurpean countries shows no entry.

By Thom Lacosta:

Therefore, I am formally requesting that the Z1C communicate with the IC and instruct him that his statements referencing no Trademark for FidoNet are inaccurate, and further that he announce in public forums that he is in error.

I am further requesting that in view of the nature of the trademark for FIdonet that the IC be instructed to reinsert the trademark information in the FidoNet Nodelist, in so much as he is NOT the trademark holder of FidoNet, and therefore is not authorized to make substansive changes to a public FidoNet Document.

I am formally requesting that the Z1C communicate to the organization of Zone Coordinators that they not only censure the IC for his violations of Trademark, but also that they develop a mechanism to prevent the unilateral actions of any member that may result in violations of trademark, etc.

I look forward to your response.

Sincerely,

Thom LaCosta
1:261/1352