457 replies to this topic

[i2Paq]

I'm not sure if it has been posted here, cannot find it so here it goes:

Quote

Trademark Granted to New OsCommerce Project in U.K.
By Kerry Watson
August 18, 2009



Formal trademark registration for the name "osCommerce" has been granted to the splinter group osCommerce Project by the United Kingdom Intellectual Property Office. The trademark registration went unopposed by the original osCommerce group, headed by Harald Ponce de Leon, despite its vow to oppose it.

Ownership of the trademark allows the group, doing business as eCommerce Ventures Ltd., to use the "R" symbol to indicate the mark is formally registered, to enforce licensing of the trademark within the United Kingdom, and to sue those who use it improperly. The group can also apply for further trademark registration within the European Union under the Madrid Protocol and in other countries.

"We took this measure because we could no longer ignore the vocal opposition to our project and the adverse effect it was having upon our business. By securing the trademark we secure our right to use the name," said Rhea Anthony, managing director of the company.

Formal ownership of the trademark "osCommerce" allows the group to charge a fee and to set standards and policies on how the mark is used within the U.K., including in Google AdWords, in hidden meta tags in a Web site, and in domain names as well as in other usage in the U.K. The group can prevent unauthorized use of the mark on products that are identical or similar to the registered mark. Those who do not comply may be asked to cease using the name and may be sued in U.K. courts.

You'll find the official registration here.

source

Harald, defend yourself!

I will chip in a few "pounds" if needed!!

[kymation]

Confirmed. The group's website is showing the osCommerce name with the Registered Trademark symbol. The footer contains:

Quote

the name osCommerce is the Registered Trademark of eCommerce Ventures Ltd within the United Kingdom, Registration Number: 2512693. Unauthorised use prohibited.

I'm not certain how that affects a project headquartered in Germany and run from a server in the USA. International law is a pain.

Regards
Jim

[web-project]

Never thought about, the oscommerce (hopefully, no one will charge me for using this word) group was before the registration and Harald can defend his project.

[Giovanna]

Well not really stolen as no one opposed to the registration. Not really interested in going into the whole politics but why wasnt it defended or opposed?

[aligp]

Those behind it is notoriously known as a bunch of ruthless people who have been trying to undermine the osCommerce project out of which they have made a fortune. Now they have gone one step further to try to turn osCommerce from an open source project into a monopoly and charge everyone for uttering the word osCommerce, and they are no shame of it. Only sick people would do this.

Opposed or not, a decent person would not even think about it in the first place.

Ali

Edited by aligp, 18 August 2009, 19:51.

[GemRock]

Quote

The name osCommerce has been stolen!

hmmm, is it not the case then that the ip office is handling stolen property? interpol should take notice in case they *venture* outside UK's border...

to me, it sounds like some sort of underworld protection racket: the poor online shop owners in the UK who use osCommerce now have to either hand out their hard earned cash as protection fee aka licence fee as the people who run the racket would like you to believe, or hire someone to wipe out the word osCommerce completely. and does anyone who may be asked to wipe out the word also need to surrender some protection fee as well???

Ken

ps (unrelated) the osCommerce server seems to be at a different location? its 20 to 6am UK time, not 20 to 4am.

Edited by GemRock, 19 August 2009, 02:44.

[i2Paq]

Hello Rhea,

You finally showed your true face.

You know that what goes arround comes arround.

I hope that you are happy now and can live your sad live knowing that thousands of people probably hate you.
I'm wondering when you will start claiming money for something that is actually not yours but something that you stole from the hundreds of people that build it succes.

Like I said, your nothing but a cheap thief.

I've put this reply also here: http://www.ecommerce-guide.com/news/news/a...comment=14651-0
Here: http://forums.oscommerce.com/index.php?s=&...t&p=1431295
And here: http://forums.oscommerce.nl/index.php?s=&a...st&p=135637

I hope that your are "man" enough to face the music.

Regards, Norman


--------------------------------------------------
From: "Rhea Anthony" <r@oscommerceproject.org>
Sent: Wednesday, August 19, 2009 12:22 AM
To: <i2paq>
Subject: Re., your comments about our project

> Hi Norman,
>
> It probably won't come as a surprise to you after your comments here that
> you are now banned from our forums:
> http://www.ecommerce-guide.com/news/news/article.php/3835046
>
> with kind regards,
> Rhea Anthony
>
> Vger
>
>

Edited by i2Paq, 19 August 2009, 03:35.

[i2Paq]

How funny, she never claimed the osCommerceProject.Name domain.

So I did: Have a look

Whats in a name

[i2Paq]

She already started claiming...

Quote

On August 14th at 5 pm UK time the name 'osCommerce' became the registered trademark of eCommerce Ventures Ltd (owners and operators of the new osCommerce Project). It is not due for renewal until 2019.

This registration is valid within the United Kingdom, but it is also the only instance world-wide of a legally registered 'osCommerce' trademark. We are now entitled to be notified of any attempt by anyone else to register the name 'osCommerce' as a trademark elsewhere in the world.

This will allow us to proceed now to officially licence the use of our trademark, and ends the confusion over who is and is not entitled to legaly [sic] use the name osCommerce.

We shall be in touch officially with the owner of this forum about continued use of the name "Club osCommerce".

Miss Rhea Anthony (a.k.a. Vger)
Managing Director
eCommerce Ventures Ltd

source

[Giovanna]

i2Paq, on Aug 19 2009, 09:53 AM, said:

How funny, she never claimed the osCommerceProject.Name domain.

So I did: Have a look

Whats in a name

Can you get anymore childish! If you are so aggrieved, why didnt you launch an opposition?

[i2Paq]

Giovanna, on Aug 19 2009, 11:22 AM, said:

Can you get anymore childish! If you are so aggrieved, why didnt you launch an opposition?

As we were not informed that the registration was in progress there was no one to start an opposition.
As it looks now there is no possibility anymore.

As for beeing childish, that depends on from what angle you look at it....
I think looking at the domain-name it is rather funny.....

[aligp]

Giovanna, on Aug 19 2009, 10:22 AM, said:

Can you get anymore childish! If you are so aggrieved, why didnt you launch an opposition?

you are asking an even childish and stupid question that any idiots would know the answer: because he ie Norman did not know until its too late. and if you had known it before everyone here did, then why you not posted it here soon enough so that the whole community can launch an conter-attack, the only explanantion is you probably coming from the "rackets forum" and probably a beneficiary of the racket.
Ali

[Giovanna]

aligp, on Aug 19 2009, 10:51 AM, said:

you are asking an even childish and stupid question that any idiots would know the answer: because he ie Norman did not know until its too late. and if you had known it before everyone here did, then why you not posted it here soon enough so that the whole community can launch an conter-attack, the only explanantion is you probably coming from the "rackets forum" and probably a beneficiary of the racket.
Ali

LOL!
Nope, I am just a business owner who is building a shop in oscommerce. I am just very level headed and not going to attack anything until I know more details. There are too many assumptions being put on here about why the name is registered.
As far as I know, you cant register a name in secret, it will be publicised and then there is a time where people can respond. If no one responses against it or no good reasons against are given, it will be put through. As a business I keep my eyes open for competition and anything to do with my 'area' of sales.

Ali, you only have a few post counts.. Have you been around before? Have you been involved in the oscommerce community for awhile?

[i2Paq]

aligp, on Aug 19 2009, 11:51 AM, said:

you are asking an even childish and stupid question that any idiots would know the answer: because he ie Norman did not know until its too late. and if you had known it before everyone here did, then why you not posted it here soon enough so that the whole community can launch an conter-attack, the only explanantion is you probably coming from the "rackets forum" and probably a beneficiary of the racket.
Ali

Please explain "racket".

[burt]

I'm awaiting an official communication from Rhea Anthony - she has already threatened my website that is using the name osCommerce. When I get a communication I will be able to know more about what is going on. Until then I really have no further input, except to give my personal opinion - but there's really no point in doing that as Norman has already said it all.

Giovanna - you are in the UK - when it's your turn to pay a nice fat fee to Rhea, I wonder if you will be quite so happy

[Giovanna]

'racket' as in like the mob used to run. Cant think of a Dutch counterpart.

A racket is an illegal business, usually run as part of organized crime. (source: wikipedia)

[Giovanna]

burt, on Aug 19 2009, 11:23 AM, said:

I'm awaiting an official communication from Rhea Anthony - she has already threatened my website that is using the name osCommerce. When I get a communication I will be able to know more about what is going on. Until then I really have no further input, except to give my personal opinion - but there's really no point in doing that as Norman has already said it all.

Giovanna - you are in the UK - when it's your turn to pay a nice fat fee to Rhea, I wonder if you will be quite so happy

Thing is until what is clear about what is going to happen, there is no reason to make assumptions and the imho over the top reaction I have seen. I highly doubt there is going to be a fee. I think this is about something else that we are not aware off. So until I have all the facts, I feel some peoples reaction like calling it a 'racket' is way beyond the realm of reality.

And before someone points it out, yes I am on the other forum, but I am not involved with the team, just as I am not involved with the team on here. I ask and answer (well the easy ones) on both.

[aligp]

i2Paq, on Aug 19 2009, 11:15 AM, said:

Please explain "racket".

I was borrowing the word from GemRock's post but since you ask, heres what wiki says about it:

Quote

Several forms of racket exist. The best-known is the protection racket, in which criminals demand money from businesses in exchange for the service of "protection" against crimes that the racketeers themselves instigate if unpaid (see extortion). A second well known example is the numbers racket, a form of illegal lottery.

Traditionally, the word racket to describe a business is based on the example of the "protection racket" and indicates that the speaker believes that the business is making money by selling a solution to a problem that it created (or that it intentionally allows to continue to exist), specifically so that continuous purchases of the solution are always needed. Example: in a protection racket, a representative from the racket informs a storeowner that a fee of X dollars will be required every month for protection money, though the "protection" that is provided comes in the form of the racket itself not causing damage to the store or its employees.

whether that's what GemRock means you need to ask him but I do agree there is some similarity between collecting protection fee and levying "licence" fee by stealing someone else property then claiming a fee for using it.

Regards,
Ken

Giovanna: I am sorry, I did not realise this forum has a seniority rule that does not allow junior members to criticise senior members.

Edited by aligp, 19 August 2009, 10:39.

[burt]

No assumption made.

My website has already been threatened by Rhea Anthony...fact.

My website does not use osCommerce...fact.

So, every ukwebsite, osCommerce based or not, can now be targetted by Rhea - if it has the word osCommerce on it (just simple text, or a graphic etc)...fact.

Edited by burt, 19 August 2009, 10:39.

[joop]

Quote

Thing is until what is clear about what is going to happen, there is no reason to make assumptions

You say you are on the 'other' forum but you probably didn't read a lot there.

- Did you not see the first steps of Vultures Ltd. to take over oscommerce ?
- Do you think it's sound business practice to (secretly) register a trademark technicaly belonging to a world wide community ?

Secretly ? yes !
Not very many know where to look for requested trademark publications, do you ?
Everybody was mislead with the announcement of the new cartname 'osQuantum', including you i guess.
coincedence ?, my a.....

Edited by joop, 19 August 2009, 10:52.