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Harald Ponce de Leon

osCommerce -vs- eCommerce Ventures Ltd

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This post will be updated with the current status of the ongoing legal case against eCommerce Ventures Ltd. for their registration of the "osCommerce" trademark in the United Kingdom.

 

Our legal counsel addressing this is led by Ian Bartlett from Beck Greener Patent and Trade Mark Attorneys. Our search for legal advice in the United Kingdom started with the Free Software Foundation Europe / Freedom Task Force.

 

Our legal counsel have contacted the following members of eCommerce Ventures Ltd.:

 

  • Rhea Anthony (Vger) [Managing Director]
  • Robert Fisher (FWR Media)
  • Edith Karnitsch (Terra)
  • Robert Easland (Chemo)
  • Thomas Hodges-Hoyland (perfectpassion)
  • Monika Mathé (Monika in Germany)

 

The legal counsel representing eCommerce Ventures Ltd. are ip21.

 

Friday, 14th August

 

Registration of the "osCommerce" trademark granted to eCommerce Ventures Ltd. in the United Kingdom:

 

http://www.ipo.gov.uk/tm/t-find/t-find-num...ademark=2512693

 

Monday, 17th August

 

eCommerce Ventures Ltd. contacted our business partners and community members to license the use of the "osCommerce" name/trademark and to gain ownership of domain names containing the word "oscommerce". A deadline of Friday, 21st August was provided.

 

 

Wednesday, 19th August

 

Harald Ponce de Leon published a blog entry to inform the community of the blatant trademark registration by eCommerce Ventures Ltd. and that it is being legally addressed.

 

http://blogs.oscommerce.com/2009/08/19/the...mark-in-the-uk/

 

Thursday, 20th August

 

An informal proposal has been received by eCommerce Ventures Ltd. to "resolve the issue".

 

Friday, 21st August

 

Our legal counsel have sent a formal letter to eCommerce Ventures Ltd. outlining our claims and requirements. A deadline of 4th September was set.

 

Saturday, 22nd August

 

Our legal counsel have received notice from Rhea Anthony stateing that Monika Mathé does not play an active role in eCommerce Ventures Ltd. or "The osCommerce Project", and will be acting on her behalf due to health issues.

 

Monday, 24th August

 

Our legal counsel have sent a formal letter to eCommerce Ventures Ltd. and refused the unreasonable proposal they made on the 20th August.

 

Our legal counsel have received notice from Robert Easland stateing that he was never a member of eCommerce Ventures Ltd.

 

Our legal counsel have received notice from Robert Fisher stateing that he was never a member of eCommerce Ventures Ltd.

 

Friday, 28th August

 

Our legal counsel have received notice from Edith Karnistch stateing that she was never a member of eCommerce Ventures Ltd.

 

Friday, 4th September

 

Our legal counsel have received a formal letter from ip21 requesting a 2 week extension to the deadline that was met today.

 

Our legal counsel have formerly responded to ip21 and have extended the deadline for 7 days until the 11th September.

 

Tuesday, 8th September

 

Our legal counsel have filed an application for a Trade Mark in the European Union on the brandname "OSCOMMERCE".

 

Friday, 11th September

 

Our legal counsel have received a formal offer from ip21 "as an immediate pragmatic solution to the problems rised". A deadline of 18th September was set.

 

Wednesday, 16th September

 

Our legal counsel have formerly responded to ip21 outlining our requirements for a settlement. A deadline of 21st September was set. Our settlement includes immediately ceasing the availability of their software which is in breach of our copyright and the terms of the GNU General Public License.

 

Monday, 21st September

 

Our legal counsel have received a formal offer from ip21 as "a final counter offer to settle the dispute". A deadline of 23rd September was set.

 

Tuesday, 22nd September

 

Our legal counsel have formerly responded to ip21 and have strengthened the unclear and ambiguous "final offer" made with deadlines. This can form the basis for settlement outside the court on the condition that eCommerce Ventures Ltd. remove the download facility of their software by 4.30pm (BST) Wednesday, 23rd September.

 

Wednesday, 23rd September

 

eCommerce Ventures Ltd. have complied to the request of removing the download facility of their software that has infringed our copyright.

 

Friday, 25th September

 

Our legal counsel have received a formal draft settlement offer from eCommerce Ventures Ltd. who have amended our agreement from the 22nd to include "non-officer Team Members". This amendment is one-sided and cannot be accepted in its current form.

 

Our legal counsel have formerly responded to ip21 and have requested a list of names who are agreeing to and are signing the settlement offer.

 

Our legal counsel stated: "Our client is not prepared to waive its claims against a party who has not signed up to the undertakings ..."

 

Monday, 28th September

 

eCommerce Ventures Ltd. seem to have ceased using the osCommerce name and are now using osQuantum.

 

Our legal counsel is still waiting for a signed agreement.


:heart:, osCommerce

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