Forum
Comments:
-
- on Wed 01 Feb 2012
- 07:04:27 PM UTC
RE: Found a Name Thief
@Jazspeak, I suppose that you could send tumblr.com a take-down notice. However, if you were to get on good terms with this fellow JazsPeaks, perhaps he would post a link to your site on his homepage.
-
- on Wed 01 Feb 2012
- 07:24:08 PM UTC
RE: Found a Name Thief
"...send tumblr.com a take-down notice."Already sent them a polite e-mail rather than an official take-down notice, and I have given them a reasonable 14 days to resolve the issue before I get heavy. I would prefer not to have to get heavy with them, or anyone else.
I am not much interested in getting a link onto that subdomain because I am more interested in protecting the reputation that I have built up over the decades.
In case anyone is interested, the name, Jazspeak, is a Registered Band Name: ISBNC (International Standard Band Name Code)20056627 and nobody can use the name without my permission or without a license from me. Indeed, I had to draw up a License Agreement so that the name can be used by Jazspeak Productions, which is the recording and production side of my business, even though I own both Jazspeak and Jazspeak Productions. It seems daft to have to sign a contract with myself but it was (is) a legal necessity.
~Music is not just for the Masses~
-
- on Wed 01 Feb 2012
- 08:01:53 PM UTC
RE: Found a Name Thief
As far as I can see, there's nothing wrong with this site. It just seems to be someone's Tumblr blog, nothing bad about it. I'd assume that their name is Jaz, and that the name is meant to mean "Jaz Speaks". To be honest, I don't see why any action should be taken against the owners. They have only included your name in the url, and even that is not completely yours.
If I am missing something, please tell me, but at the moment I feel no need to rate this site red.
:-) Smile!
-
- on Wed 01 Feb 2012
- 10:10:24 PM UTC
RE: Found a Name Thief
"I'd assume..."No surprise there, then.
"I don't see why any action should be taken against the owners."That's probably because you don't own any Intellectual Property or Trade Marks. If you did then you would understand the issue.
"If I am missing something, please tell me, but at the moment I feel no need to rate this site red."You are missing the point of Copyrights, Trade Marks, and Registered Names. I haven't asked you, or anyone else, to rate the site red.
You are also missing the point that the subdomain is in breach of the Tumblr Content Policy, which states, "Users that misleadingly appropriate the identity of another person are not permitted."
~Music is not just for the Masses~
-
- on Wed 01 Feb 2012
- 10:45:13 PM UTC
RE: Found a Name Thief
Unfortunately, unless the name is your registered trademark in the US and the blog owner is using it to produce goods or services in the classes specified in your trademark registration, there's probably nothing that would legally prevent him from using the name or obligate Tumblr to take down the blog.
You typically cannot copyright names, because they don't meet the minimum threshold of originality. This is the first time I've heard of ISBNC and I am not aware of it having any legal meaning. Where can one obtain such a registration?
-
- on Wed 01 Feb 2012
- 11:09:34 PM UTC
RE: Found a Name Thief
Jazspeak, I am fully understanding of intellectual property and trademarks. It would seem that is in fact you who does not understand the situation at hand. This blog is not breaching any laws/terms of service as the name is not actually yours (jazspeaks) and even if it did match your name the blog is not attempting to impersonate you or misleadingly claim to be you, and the Tumblr terms state that it will only be taken down if it misleadingly appropriates your identity, which it doesn't.
And regarding my comment about ratings, you did post it in the Reputation Discussions forum, turned the http protocol into hXXp as if it was dangerous and then coloured it red, which if you asked me, made it look like you wanted the site rated.
:-) Smile!
-
- on Wed 01 Feb 2012
- 11:20:03 PM UTC
RE: Found a Name Thief
"...cannot copyright names..."
"Where can one obtain such a registration?"The Band Register
2nd Floor
65 George Street
Oxford
OX1 2BE
United Kingdom~Music is not just for the Masses~
-
- on Thu 02 Feb 2012
- 06:50:06 AM UTC
RE: Found a Name Thief
Yes, as I said, you cannot copyright names, so unless you have a registered trademark, there's probably nothing you can do.
The Band RegisterGoogle points me to bandreg.com, which appears to be the same as bandname.com. Here's a quote from their disclaimer, emphasis mine:
This service does not provide a copyright, tradename or trademark registration or protection and is in no way affiliated with any agency of the United States or any foreign government. Bandname.com in no way guarantees that the name being registered with this service will belong to the individual or other claimant or that there is not a prior owner of the name being registered.
Considering they are advertising "band name protection", the entire business sounds a bit unethical to me.
-
- on Thu 02 Feb 2012
- 07:04:14 AM UTC
RE: Found a Name Thief
@jaz
This doesn't violates any law.AFAIK the law of copyright protects you property from being theft and "a name" is not your property. if someones have a name "jaz" then you will ask him to change his name as you owns this name, no you can't.
If you have any problem.
you can simply state on your website about connection with other websites and branch locations(if any).If you believe my ratings are unfair, leave a board message to re review. You must ensure that issues are rectified which are mention in my comment. Otherwise you request would not be entertained. Keep up Good Work :)
-
- on Thu 02 Feb 2012
- 09:02:12 AM UTC
RE: Found a Name Thief
"...the entire business sounds a bit unethical to me."The entire music business is "a bit unethical". Well, more than a bit, IMO, which is why I have done my best to remain as independent as possible.
I suppose that I could feel flattered by the fact that somebody likes the name that I invented enough to steal it but actually I feel miffed that the blog owner is obviously too thick, shifty, or listless to invent their own unique name. I am, however, satisfied that I have the necessary paperwork, recordings, and track record going back decades to be able to have the UK Courts deal with anyone trying to misappropriate the name.
There are plenty of examples on this forum of scammers using misspellings of well-known trading names for crooked purposes, and whilst the blog is not overtly in that category (yet), I just feel that if I allow this one to get away with such misrepresentation then any Tom, Dick, or Harry might try it on.
BTW, the blog owner is using music on his blog, and I wonder if he has the necessary copyright permissions.
~Music is not just for the Masses~
-
- on Thu 02 Feb 2012
- 09:05:27 AM UTC
RE: Found a Name Thief
"...a name "jaz"..."The band name is Jazspeak, and is not "jaz".
~Music is not just for the Masses~
-
- on Thu 02 Feb 2012
- 09:36:18 AM UTC
RE: Found a Name Thief
The band name is Jazspeak, and is not "jaz".If we come to the topic Sami has raised a valid point.
See https://www.mywot.com/en/forum/19802-found-a-name-...
@jaz your band name is registered properly or not ?
Better to discuss it with your attorney and if attorney allow then you can claim.If you believe my ratings are unfair, leave a board message to re review. You must ensure that issues are rectified which are mention in my comment. Otherwise you request would not be entertained. Keep up Good Work :)
-
- on Thu 02 Feb 2012
- 03:20:09 PM UTC
RE: Found a Name Thief
"...your band name is registered properly or not ?"Yes, and with all of the relevant Tax authorities.
"Better to discuss it with your attorney and if attorney allow then you can claim."I hope that it doesn't come to that. I would much prefer to resolve the issue amicably.
~Music is not just for the Masses~
-
- on Thu 02 Feb 2012
- 07:52:59 PM UTC
RE: Mistaken Identity?
Hey Jazspeak,
I don't say I agree or disagree with you.
Just wanna make some critical remarks :
1 - My company owns patents, registered trade marks and PBR's ( Plant Breeder Rights ) under UPOV 1 and UPOV 2
So you can expect that I know what I'm talking about ( more or less )
2 - There are differences in rules between the protection rights and that makes this discussion diificult.
3 - If I read what you state about the protection of the name "Jazspeak", it comes close to a "Reg. trade mark".
But I'm not sure who hard in juridical sense the protection is exactly of Registered Band Name: ISBNC
4 - All disputes about intellectual properties are tough to fight out to your satisfaction.
The opposing party mostly finds a small leak where they can make use of.
5 - Reg.trade marks are established in a certain catagory ( f.i. music and related business ) and limited to the area where
you applied for that ( f.i the EU ). It doesn't automatically cover the whole world. I wish it didSo !
You have no leg to stand on ( Dutch saying ) if you didn't apply in the country where the owner of the blog lives ( USA ? )
And even if you have the name protected there, you still are on thin ice in this case ( think of the leak I mentioned ).
And think of the country where you need to go to court.
( That's why we never go with trial fields of experimentals to the third world, think of corrupt judges and such ).
We can only test in countries with an honest justice sytem. And than it still is a bit risky.Than there is also the problem of being limited to a certain catagory.
If I f.i. want to call a plant "Jazspeak" ( I never will btw. ) you can scream as much as you want, it won't give me goosebumps.
That is no music and out of the catagory.I can understand that you're angry and or disappointed, but think it over if this really damages you.
Or is it a minor problem and it's best to glue your teeth together and cool down.
You're not in the world to feed lawyers ! Are you !BTW I'm speaking out of experience. We have fought out several cases, lost some and won some.
I've seen that you can only win if you are standing 100% in your right.
Our rule : "When you're in doubt, STAY OUT ! " ( of juridical fights )
It will give you extra rinkles, nights of bad sleeping and cost you money with no result.
Succes in what you do ( or don't do ).
PeterRaise the dike ! ! Or the internet gets flooded and ends up as a stinking swamp. / Message from the "Flying Dutchman".
-
- on Fri 03 Feb 2012
- 05:30:38 AM UTC
RE: Mistaken Identity?
Business names have to be registered in each jurisdiction where you intend to protect them. If I run "Luigi's Pizzeria" in my home town, there is nothing stopping someone from opening "Luigi's Pizzeria" in another city in the US, let alone another country. Corporations that sell products internationally have teams of lawyers protecting their rights in all the countries where they market. A similar name also has to be confusing, so someone could open "Luigi's Car Wash" in my town and probably not infringe my trademark, but "Luigi's Italian Bistro" might. It keeps the lawyers busy. Apple Computers and Apple Records went at it for years, I believe.
-
- on Fri 03 Feb 2012
- 09:31:35 AM UTC
RE: Mistaken Identity?
This is not just an issue of that site owner misappropriating the name of my band, and brand, but is a matter of misrepresentation.
The blog site is obviously an overtly Christian site. I am quite happy for the site owner and his chums to hold those beliefs but Jazspeak, and Jazspeak Productions are deliberately not religious or political and do not subscribe to the sort of beliefs expounded by that blog.
For the name of my brand to be overtly associated with that, or anyone else's belief-system, could hinder my work. For instance, I have just finished working on a project for the forthcoming Jamaican Independence Day, and I was working with musicians of the Rastafarian persuasion. If they had thought that I was likely to be anything other than completely tolerant of their beliefs then I probably would not have been able to do the job, and as far as I am concerned my neutrality helped me to focus on the job at hand.
A further point of misrepresentation on that blog is that there is an image of a chap (the blog owner?) playing a guitar, which would be OK if it weren't for the fact that he is doing so under the Jazspeaks name. If that image is of the blog owner then why on earth wouldn't he use his own name, stage name, or band name? It just doesn't make sense to use a band name that has existed for decades and is still going strong. I mean, if that was OK then anyone could put up a blog using any well-known name, and just add the letter 's' to the end of the name. Still, it is said that mimicry is a form of flattery.
Jazspeak, is a Registered Band Name: ISBNC (International Standard Band Name Code)20056627 and nobody can use the name without my permission or without a license from me. The International Band Name Code is, well, international, and includes the US. So no problems for me there, and I am confident that Jazspeak and Jazspeak Productions are properly protected.
I shall wait to see what sort of response, if any, I get before I decide what to do next. In reality the blog owner only needs to change the name of the subdomain that he uses and everyone can be happy.
Edit: Tumblr have responded very quickly and are investigating the issue.
~Music is not just for the Masses~
-
- on Fri 03 Feb 2012
- 09:38:06 AM UTC
RE: Mistaken Identity?
This is not just an issue of that site owner misappropriating the name of my band, and brand, but is a matter of misrepresentation.The blog site is obviously an overtly Christian site. I am quite happy for the site owner and his chums to hold those beliefs but Jazspeak, and Jazspeak Productions are deliberately not religious or political and do not subscribe to the sort of beliefs expounded by that blog.
For the name of my brand to be overtly associated with that, or anyone else's belief-system, could hinder my work. For instance, I have just finished working on a project for the forthcoming Jamaican Independence Day, and I was working with musicians of the Rastafarian persuasion. If they had thought that I was likely to be anything other than completely tolerant of their beliefs then I probably would not have been able to do the job, and as far as I am concerned my neutrality helped me to focus on the job at hand.
A further point of misrepresentation on that blog is that there is an image of a chap (the blog owner?) playing a guitar, which would be OK if it weren't for the fact that he is doing so under the Jazspeaks name. If that image is of the blog owner then why on earth wouldn't he use his own name, stage name, or band name? It just doesn't make sense to use a band name that has existed for decades and is still going strong. I mean, if that was OK then anyone could put up a blog using any well-known name, and just add the letter 's' to the end of the name. Still, it is said that mimicry is a form of flattery.
Jazspeak, is a Registered Band Name: ISBNC (International Standard Band Name Code)20056627 and nobody can use the name without my permission or without a license from me. The International Band Name Code is, well, international, and includes the US. So no problems for me there, and I am confident that Jazspeak and Jazspeak Productions are properly protected.
I shall wait to see what sort of response, if any, I get before I decide what to do next. In reality the blog owner only needs to change the name of the subdomain that he uses and everyone can be happy.
Edit: Tumblr have responded very quickly and are investigating the issue.
Quite clear !
I didn't rate that blog and I won't either.
I wish you succes and wisdom in this matter.
For me case closed - DONERaise the dike ! ! Or the internet gets flooded and ends up as a stinking swamp. / Message from the "Flying Dutchman".
-
- on Fri 03 Feb 2012
- 10:05:58 AM UTC
RE: Mistaken Identity?
"...Luigi's..."'Luigi' is a personal name, or Christian name, and personal names are not subject to the same criteria of misappropriation or misrepresentation as business and brand names.
"...It keeps the lawyers busy."Lawyers are trained in accessing and performing in Courts, whereas most people, including business owners , are not usually familiar with those intricacies. So lawyers can have their uses, which is worth consideration when deciding whether to retain a lawyer. However, it is possible to be a self-representative, or lay person addressing the Courts and save the cost of retaining a lawyer but this not only requires a willingness to research and assemble acceptable legal arguments but also requires a level of confidence in giving the performance in a Court. As so many Barristers are aware, much of what goes on in a Court is theatre.
"Apple Computers and Apple Records went at it for years..."So they did, although I have a strong suspicion that it was largely being used as a way for the two businesses to get a lot of cheap media attention. Why pay for expensive advertising in a few slots when, for half the cost, a few days in Court will generate substantial publicity across the whole media? Besides, legal fees might also be tax-deductible.
~Music is not just for the Masses~
-
- on Fri 03 Feb 2012
- 12:12:29 PM UTC
RE: Mistaken Identity?
Maybe I am missing something but I personally do not see a naming issue here. To me I see Jazspeak (your name) and Jazspeaks (Jaz Speaks, his site name). Both of you may be into Jaz music or maybe Jaz Speaks is another type of music fan with Jaz being his name and he is blogging his music and thoughts, which is perfectly acceptable imo. They may be fully unaware of your site and music, with no intentions to create animosity.
Obviously Jaz is a name, not just a type of music therefore to claim sole right for this would be next to impossible or would even be granted and enforcable imo. Jazspeak Productions (brand name) is a different matter ofc, but this would have to be registered everywhere (countries and states) to be fully enforced and even then, it could be difficult to get satisfaction when someone misuses it as not all countries and courts will administer justice.
Now if Jazspeaks was copying and distributing your work as his, or to undermine you, then I would say your rights were infringed but this would have to be proven first, and as such, I saw no such thing on his blog.
Jazspeak, is a Registered Band Name: ISBNC (International Standard Band Name Code)20056627 and nobody can use the name without my permission or without a license from me. The International Band Name Code is, well, international, and includes the US. So no problems for me there, and I am confident that Jazspeak and Jazspeak Productions are properly protected.But does this registration protect Jazspeaks, Jaz Speaks as yours too? Surely to get thse protected you would have to register all combinations under one name!
I read someplace (a while back) that some companies were trying to claim sole rights for names which would severly impact on the ability of others to use them legitimately without a lawsuit being brought. The ruling was that names (personal) could not be claimed for sole rights, only brand names such as Apple inc, Coka-Cola, etc.
While I do symapthise with you over your concerns, I do think maybe you are taking this too personally.
Using an obese PC. I offer it a bit and it takes a megabyte.
-
- on Fri 03 Feb 2012
- 05:31:28 PM UTC
RE: Mistaken Identity?
"To me I see Jazspeak (your name) and Jazspeaks (Jaz Speaks, his site name). Both of you may be into Jaz music or maybe Jaz Speaks is another type of music fan with Jaz being his name and he is blogging his music and thoughts..."That's a lot of "maybe" to build a specious argument. You have no evidence that the blog owner is named, called, or known as "Jaz". If the blog owner wants his site to be "Jaz Speaks" then all he has to do is insert an underscore in the subdomain name, Jaz_Speaks or jaz_speaks, and the issue is resolved. Indeed, there are many links that use the search term, "Jaz Speaks", but they are obviously not connected to Jazspeak or Jazspeak Productions. It could be suggested that the blog owner's choice of subdomain name is either deliberately or unwittingly an SEO tactic of hitching a ride on the coat-tails of another's successes.
"...Jaz music..."The music, Jazz, is spelled with two zeds, although it was, in earlier times, sometimes spelled, Jass.
"Jazspeak Productions (brand name)..."Jazspeak is the brand name, and Jazspeak Productions does the donkey-work.
"Now if Jazspeaks was copying and distributing your work as his..."There is no suggestion of that.
~Music is not just for the Masses~
-
- on Fri 03 Feb 2012
- 06:34:57 PM UTC
RE: Mistaken Identity?
That's a lot of "maybe" to build a specious argument.But isn't there a lot of maybe's within your own assumptions? You determined that his name is somehow linked to yours or was a breech of your name registration!
You have no evidence that the blog owner is named, called, or known as "Jaz". If the blog owner wants his site to be "Jaz Speaks" then all he has to do is insert an underscore in the subdomain name, Jaz_Speaks or jaz_speaks, and the issue is resolved. Indeed, there are many links that use the search term, "Jaz Speaks", but they are obviously not connected to Jazspeak or Jazspeak Productions. It could be suggested that the blog owner's choice of subdomain name is either deliberately or unwittingly an SEO tactic of hitching a ride on the coat-tails of another's successes.No I don't have any evidence and neither do you. I simply came up with plausible reasons why his site may have been named that way but have no idea of his intentions or motives.
If you wanted to be assured that Jazspeak was totally secure then wouldn't it have been wise to have included variations of your name at registration, ie: Jaz_speak, Jazspeaks, etc, including crillic letters where they could be used? As you did not do this (assumed by the content of your posts) , I don't agree that you have a case to complain unless that site is actually proven to be set up to negatively impact of your name and business.
The music, Jazz, is spelled with two zeds, although it was, in earlier times, sometimes spelled, Jass.Yes you are quite right and a misspelt work on my part without noticing.
Jazspeak is the brand name, and Jazspeak Productions does the donkey-work.Even so, but does your name registration include Jazspeaks within the terms? Just because someone uses a name closely resembling yours, does not mean it's done with malicious intent or in contravention of your registry. If this was the case, IssViews would also be questioned and maybe held liable by NASA, even though there is no comparison regarding content or the meaning behind the word Iss.
There is no suggestion of that.I didn't believe there was. I just pointed out why I could understand your anger, if this was the case.
I can't rate a site negatively in this case until it is proven, beyond any doubts that there was intent to deceive, slander your name and business, profit from your work or anything else that could be done to damage you and your company. It is totally unfair and unprofessional for anyone to simply rate that site red on your evidence provided so far.
If, proved later that this site was out to harm your reputation and company, I would rate then red without hesitation.
Using an obese PC. I offer it a bit and it takes a megabyte.
-
- on Fri 03 Feb 2012
- 06:36:17 PM UTC
RE: Mistaken Identity?
Here are two examples to phonetically identical names which are also just as lexically close to "jazspeak" as is the disputed name jazspeaks.tumblr.com. Both of these examples involve commercial music, whereas the tumblr site involves the entirely disparate activity of personal photo-sharing.
-
- on Fri 03 Feb 2012
- 09:50:44 PM UTC
RE: Mistaken Identity?
Jazspeak != JazspeakS
just as twitter.com/JazSpeaks != jazspeaks.tumblr.com != [you] Jazspeak
Off topic
@ Jazspeak
I notice you offer eBooks in PDF format
Ever thought of converting them to sPub? or .mobi (Kindle)?
Manual conversion tutorials:
(could use more green ratings)http://www.katiebooks.ca/index.html
Automatic conversion / reader / library management:http://calibre-ebook.com/------- WOT Services Ltd. - gives us safety through Web of Trust. WOT Community - gives us security through unity. ∞
-
- on Sat 04 Feb 2012
- 11:22:48 AM UTC
RE: Mistaken Identity?
"...eBooks..Ever thought of converting them to sPub? or .mobi (Kindle)?"Yes. I already have the software to do it but I just haven't got around to it yet. Thanks for the info, though.
~Music is not just for the Masses~
-
- on Sat 04 Feb 2012
- 11:29:24 AM UTC
RE: Mistaken Identity?
"...can't rate a site negatively in this case until it is proven..."I haven't rated the site at all (yet) despite the comment left by Dark Leika. Indeed, if it wasn't for the issue over the naming of the subdomain then I would have no problem with rating the site positively.
~Music is not just for the Masses~
-
- on Sat 04 Feb 2012
- 01:00:55 PM UTC
RE: Mistaken Identity?
"...lexically close to "jazspeak" as is the disputed name..."Both use the spelling with two zeds for Jazz, which means that they don't impinge on SEO. Also, one is an album title and the other is a band that may or may not have got the idea for the name from my band (and I have no problem with that). Neither are misrepresenting my brand and so I have no issue with them.
I only found the disputed name when I tried out the new Ixquick StartPage HTTPS search engine and saw the subdomain on the first page when I had searched for "Jazspeak". In Google, and other popular search engines, the disputed name is so far down the rankings that I didn't know of it but when I type "Jazspeak" into any search engine then I don't expect to see a site on the first page that is in no way connected to my brand, and the content of that blog expresses religious views that could be construed as misrepresenting my brand.
This is not a huge issue, and can be easily and painlessly resolved if the blog owner, or Tumblr, make the changes to the subdomain name.
~Music is not just for the Masses~
-
- on Sat 04 Feb 2012
- 04:53:05 PM UTC
RE: Mistaken Identity?
I haven't rated the site at all (yet) despite the comment left by Dark Leika. Indeed, if it wasn't for the issue over the naming of the subdomain then I would have no problem with rating the site positively.My comment simply says that the blog was rated unfairly. I did not say who had rated it unfairly, and I know that someone has rated it unfairly, because it's rating went from very good to yellow. Even if it wasn't you, someone has assumed that you wanted it rated down and done it. I still stand by my earlier post which states that if you put the site name in red font, and then change the protocol to hXXp then it normally means you want it rated downwards. I still think you should just leave the site name as a normal http link, seeing as the site has no malicious content/scams.
I your problem is that it's appearing in search engines, talk to the staff at the search engine, instead of making the people who own this blog have to change their subdomain name.
:-) Smile!
-
- on Sat 04 Feb 2012
- 05:14:52 PM UTC
RE: Mistaken Identity?
I can't rate a site negatively in this case until it is proven, beyond any doubts that there was intent to deceive, slander your name and business, profit from your work or anything else that could be done to damage you and your company. It is totally unfair and unprofessional for anyone to simply rate that site red on your evidence provided so far.
If, proved later that this site was out to harm your reputation and company, I would rate then red without hesitation.
I agree with Issviews.
But it seems this discussion is followed by a lot of readers who have ( silently ) a different opinion.
You can see the results on the scorecard : http://www.mywot.com/en/scorecard/jazspeaks.tumblr...For me it's to early to form an opinion. So no rating and comment yet.
Raise the dike ! ! Or the internet gets flooded and ends up as a stinking swamp. / Message from the "Flying Dutchman".
-
- on Sat 04 Feb 2012
- 05:49:42 PM UTC
RE: Mistaken Identity?
Final update on the situation.
Tumblr have agreed with my position and say that the blog owner will be changing the subdomain name in the next week.
Case closed.
~Music is not just for the Masses~
Mistaken Identity?
There is a subdomain at hxxp://jazspeaks.tumblr.com that has clearly stolen the Jazspeak name.
Edit: I suppose that I could just let the FBI know of the infringement and let the exceptionally long arm of US law deal with the subdomain owner.
~Music is not just for the Masses~