457 replies to this topic

[i2Paq]

So if I'm correct then you think that I belong to Vger's company?

Well, sorry to say but I'm not.

I've been one of the first critics on what Vger was doing and she misled us all.
We will see if she can keep the registration of the name osCommerce as it is clear to any judge that she has criminal intentions as reason to register that name.

A lot of people warned me and others about here plans but because I believe in the good of people I ignored these warnings.
It turns out that she is evil and not interested in protecting osCommerce but just making money and killing all business of people she hate.

[Giovanna]

The name is registered, not the software. So its the use of the name she has right on, not the software. So she cant ask for fees of using the software. If anyone removes the powered by oscommerce link, nothing can be 'charged'

what first steps, I just seen a team move away from the main team just like zencart/cre loaded and many more that are based on the oscommerce software. Frustrated by the lack of development here. And if I see the forum posts about the name of OSQuantum, the only reason they changed the name was because of opposition of it being called oscommerce too. Anyway, I bet there is alot more going on behind the screen then we can see.

Its sound business practise to keep an eye on any registrations, I do. And if you read the news item on top, it says Harald vowed to oppose it so he knew about it. So no secret there!

[joop]

Quote

Its sound business practise to keep an eye on any registrations, I do. And if you read the news item on top, it says Harald vowed to oppose it so he knew about it. So no secret there!

And you ofcourse believe everything Rhea says.

One thing that is stricking is that there are no remarks or responses from Hdpl, it's as usual very quiet from that site.

[aligp]

Giovanna, on Aug 19 2009, 12:08 PM, said:

The name is registered...

that's enough! as a senior member than I am, do you not know that it is a copy right requirement that you must not remove the reference to osCommerce which effectively means the word osCommerce must stay at the footer in the admin panel? What about one day (of course you would be exempt since you are so "level headed" not to critise the racket's immoral behaviour) a site owner (normally the one they hate the most) got an injuction asking to surrender of password to your admin panel so that a racket representative can peek around to see if you have stolen their stolen property?

Well, you have seen burt's example - he is one who critises the so called osCommerce new project which probably made that woman needed hospital treatment and now she wants revenge.

or you think that racket people are so stupid to pay money to register the osCommerce name?

My suggestion: if I were harald I would re-write the license terms & conditions by inserting a new clause that effective ban all those that running the racket from using the osCommerce code without paying a fee. This would apply to all those behind the racket and all osCommerce sites that are hosted on their server. the site owners either have to move away or pay a fee of Harald's choice.

Ali

Edited by aligp, 19 August 2009, 12:46.

[imaginary_friend]

As for who knew what, and when, I found this on Gary's website:

"It has come to my attention that eCommerce Ventures Ltd have applied for trademark of "osCommerce": http://www.ipo.gov.uk/t-find-number?detail...ademark=2512693

The sheer arrogance of these people is beyond belief! How can they possibly believe that they can trademark something that does not belong to them?

Comment by Matti — April 15, 2009 @ 7:44 pm"

"I already sent off an email to http://www.ipo.gov.uk asking them to take a close look at the trademark application and outlined a few resources for them to do a closer investigation.

Comment by Java Roasters — April 15, 2009 @ 10:20 pm"

"@Vger

The Trade Marks (Relative Grounds) Order 2007 only applies to Section 5 of the Trade Marks Act 1994. There are far more serious grounds within the Trademarks Act for opposition than what is covered by section 5.

Any other objections may be raised by anybody, which any good lawyer could tell you.

Those who wish to lodge formal opposition may find the relevant form here: http://www.ipo.gov.uk/tm/forms/tm7.pdf

Comment by Matti — April 17, 2009 @ 7:32 pm"

[Harald Ponce de Leon]

Hi Joop..

joop, on Aug 19 2009, 01:27 PM, said:

One thing that is stricking is that there are no remarks or responses from Hdpl, it's as usual very quiet from that site.

I have just published an entry on my blog which describes our current position. We will keep publishing our official position on our blogs and newsletter to keep the community informed of the progress made with our defense.

Kind regards,

[joop]

Harald, i will follow your blog.

As regarding the tm7 formaol opposition, that doesn't work since the trademark already has the status 'registered'.
I already tried that.

Edited by joop, 19 August 2009, 13:44.

[burt]

Giovanna - as you are a member of the other forum, perhaps you'd be kind enough to raise a topic to ask why a non-oscommerce site has been threatened because it uses the word osCommerce? That would be very nice of you...

[web-project]

Quote

to enforce licensing of the trademark within the United Kingdom, and to sue those who use it improperly.

really? the project oscommerce was before their silly registration. it the same as now to register the office or windows word and sue the Microsoft for using these words

[cannuck1964]

Well, why am I not surprised at this. Vger has consistently stated osCommerce is free to take and expressed that there was nothing to stop her from doing this. I have read many posts from her that were blatant misinformation if not outright lies.

Hope she reads this too, as I am waiting for my letter to stop using it, please take me to court, I have deep enough pockets to fight too Vger, and I fully expect after the dust settles, you will be no further ahead, on the contrary, people will see you for what you are now.

Just remember that karma gives back and what comes around will be given back, I have been to this other site and seen who manages it and not a single person there on the team is worth any mention nor should this idea be given a second thought.

I trust Harald will deal with this action and in the long run will cost Vgers project more then it is worth. I was around when there was a fall out and another cart was formed many years ago, twice now actually, this too was with various former team members, at least they choose to move on and forge their own path and not try to steal someones work and ideas and claim them as their own.

For shame Vger, before you were a nobody, now you are a nobody that has no morals and steals, which in the community of shared ideas and open source is just about as low as you can go!

Peter McGrath

[Save osCommerce From Vger]

cannuck1964, on Aug 19 2009, 06:37 PM, said:

Well, why am I not surprised at this. Vger has consistently stated osCommerce is free to take and expressed that there was nothing to stop her from doing this. I have read many posts from her that were blatant misinformation if not outright lies.

Hope she reads this too, as I am waiting for my letter to stop using it, please take me to court, I have deep enough pockets to fight too Vger, and I fully expect after the dust settles, you will be no further ahead, on the contrary, people will see you for what you are now.

Just remember that karma gives back and what comes around will be given back, I have been to this other site and seen who manages it and not a single person there on the team is worth any mention nor should this idea be given a second thought.

I trust Harald will deal with this action and in the long run will cost Vgers project more then it is worth. I was around when there was a fall out and another cart was formed many years ago, twice now actually, this too was with various former team members, at least they choose to move on and forge their own path and not try to steal someones work and ideas and claim them as their own.

For shame Vger, before you were a nobody, now you are a nobody that has no morals and steals, which in the community of shared ideas and open source is just about as low as you can go!

Peter McGrath

I just visited your store Peter, there was no need for you to add TM next to oscommerce because I found this thread-clubosc and it states anyone can object to a trademark even after its been issued by the IPO, basically by saying the name was well established by someone long before it was registered by someone else with the intention to infringe upon the original persons name. The IPO website goes as far as to state that a TM can be a trademark even without it being registered therefore oscommerce was synonymous with oscommerce and the forum not with Vger and her company. Im sad to see her once good name being destroyed.

According to the clubosc posts Peter, if you or anyone else has time to complete a form and submit it with a £200 fee you can lodge a complaint and challenge Vgers registration of the name. I think the best course of action is for just one person to lodge a challenge and after that anyone who wishes to back up the registration challenger can fill out a form from the IPO and count themselves in as part of the complaint, this figure should swell to hundreds.

Heres the info-IPO challenging TMs after they have been registered

And here-IPO info
After a trade mark has been registered
Once a trade mark has been registered there are several different forms of legal action you can take to challenge it. Your dispute does not have to be brought before us; you can bring it before the High Court. You decide which route you chose to take. There is no time limit for raising such actions, except when applying for Revocation on the Grounds of Non Use. If you are thinking of taking such an action we would suggest that you approach the registered proprietor first, to see if there is any alternative to taking legal action, for example negotiation or mediation to resolve the issue. You can use other actions to remove or amend a registered trade mark.


And finally here-IPO Intervention
Intervention
Anyone, other than the proprietor, who claims to have an interest in a registered trade mark may apply to become involved (in legal words 'intervene’) in post registration legal actions. These actions could be invalidation, revocation or rectification proceedings. Who can have an interest in a registered trade mark? This usually means:

a subsidiary or related company of the proprietor or licensee of the proprietor who uses the mark itself; or
a new owner of the trade mark who has not yet recorded their ownership in the register.

I seriously suggest an agreed way forward. One person from the UK has to pay £200 and challenge the Registration and then everyone else from all over the world has to fill out an online form and submit it for free as to Intervene against Vger. This way the IPO will remove the oscommerce trademark as if it were never registrered in the first place and then an application by the oscommerce team can be made to register it.

[i2Paq]

Save osCommerce From Vger, on Aug 19 2009, 08:20 PM, said:

One person from the UK has to pay £200 and challenge the Registration and then everyone else from all over the world has to fill out an online form and submit it for free as to Intervene against Vger. This way the IPO will remove the oscommerce trademark as if it were never registrered in the first place and then an application by the oscommerce team can be made to register it.

I will pay £ 50,- if needed!

[Save osCommerce From Vger]

i2Paq, on Aug 19 2009, 07:39 PM, said:

I will pay £ 50,- if needed!

Add £50 from me, I can pay by PayPal. So who else can drum together £100? And who will challenge Vger's registration? Preferably it should be someone who has a live store where they are using the 'powered by oscommerce' information in the footer as this will be enough for the IPO to accept the paperwork and set a date for a hearing. Once the case has been accepted the rest of us can go to the IPO website and fill the online intervene form and submit it for free thus showing our objection to Vger registering the name oscommerce and also giving our backing for the person challenging Vger's registration. Any volunteers?

Edited by Save osCommerce From Vger, 19 August 2009, 19:07.

[spooks]

You may be interested to read Vger's reply to my query here

It explains some things, but the last paragraph still gives rise to concern.

[cannuck1964]

Quote

I just visited your store Peter, there was no need for you to add TM next to oscommerce .......

Actually that has been there for years now, as osCommerce would very easy claim this trademark, but given it is copyrighted to Harald already, there was no need for him to pursue that avenue until now. But you will notice all links point to this site and not the Vger knock off.

Since osCommerce is not any word in of itself, and it has been both used in copyright works is part of the copyright here and has never been challenged in almost 10 years, Vger has no leg to stand on and will be in violation of copyright infringement. This will lead to a law suit and most likely a penalty for damages suffered on behave of osCommerce name.

The Vger really has no clue about law, never has and thinks that she is always right, but I am sure the lawyers will show her the error of her ways...

As for fighting the Trademark Vger has so unjustly claimed as her own, I already spoke with Harald privately and he knows where I stand with his work, osCommerce in general and the support I will give.

cheers,

Peter M

Edited by cannuck1964, 19 August 2009, 20:44.

[Save osCommerce From Vger]

spooks, on Aug 19 2009, 09:29 PM, said:

You may be interested to read Vger's reply to my query here

It explains some things, but the last paragraph still gives rise to concern.

Its all about money- PERIOD! Once a case is filed with the IPO her company will be stripped of its oscommerce TM registration. What she did was shocking

[Harald Ponce de Leon]

Hi All..

We do appreciate the support the community is providing but please leave the legal work for our lawyers to perform :-)

Thank you,

[cannuck1964]

Quote

you may be interested to read Vger's reply to my query here

I have gone to that link and see nothing but an article by Kerry Watson, am I missing something?

Please send me a PM to the information,

thanks..


Peter

[Save osCommerce From Vger]

cannuck1964, on Aug 19 2009, 10:15 PM, said:

I have gone to that link and see nothing but an article by Kerry Watson, am I missing something?

Please send me a PM to the information,

thanks..


Peter

Her reply from that article
Hi Sam, It's an odd situation we find ourselves in. As everyone knows it was our intention to fork the whole project and to use the name osCommerce Project. Our concern was then, and still is now, that osCommerce should not be allowed to perish from the face of the earth.

We would have been happy to "live and let live", and to get on with what we were doing - but others wouldn't leave it at that. We renamed the cart we are building from osCommerce v4.0 to a whole new name 'osQuantum', only to find that our opponents immediately went out and registered a fake 'osQuantum' project on Source Forge, to prevent us using it.

Their complaints about our use of the name osCommerce as part of our project went as far as to harass our then Corporate Sponsor with complaints of "trademark" violation, forcing them to pull out. We applied to register the trademark because of their activities and to protect our right to use the name for our project.

A limited company runs our project, and I am its Managing Director. Under UK Law I am legally obligated to make the best use of the assets of the company. It's not sinister. To quote a phrase "It's just business".

Rhea (a.k.a. Vger)

Edited by Save osCommerce From Vger, 19 August 2009, 21:27.

[i2Paq]

Harald Ponce de Leon, on Aug 19 2009, 11:13 PM, said:

Hi All..

We do appreciate the support the community is providing but please leave the legal work for our lawyers to perform :-)

Thank you,

Hello Harald,

It's good to hear from you and see that you are on the case, do not let them get away with it