[Baypiggies] Message sent to Suresh (baypiggies meetup)

Fri Jan 15 19:05:38 EST 2016

I've emailed Ewa Jodlowska Python's permanent professional for guidance.

The domain baypiggies.net was transferred to the PSF in December 2015.
Seems like PSF is an avenue for protecting the trademark.

Van Lindberg PSF board chair is a professionally the Associate General
Counsel for Rackspace and specializes in IP law.

Waiting on a response from Ewa. I'll update any news on the front of the
PSF.
ᐧ

On Fri, Jan 15, 2016 at 3:58 PM, Stephen <spmcinerney at hotmail.com> wrote:

> Thanks Glen & Bill for stepping in:
>
> -1 on re-registering BayPIGgies as a different Meetup.
> We have a strong chance to compel Suresh to hand back the existing Meetup.
> Let us try that, as follows:
>
>  - that Meetup contains 3+ years of our (BayPIGgies) event history,
> comments, links
>  - this is different to the usual case of a Meetup "hostile takeover",
> where Meetup TOS offers
>    basically zero protection
>  - this case is different because "BayPIGgies" already had a separate
> legal existence back to
>   1999, which long predated the Meetup. Apparently the term qualifies as
> an unregistered
>   "common-law" trademark. [IANAL].
>  - Suresh's name-change to "BayPRIGgies" looks fairly clearly like a case
> of typosquatting,
>    isn't good-faith use, and allowing that name to persist would continue
> the confusion.
>  - when we regain the Meetup, I believe we can also compel Suresh to
> refund the dues he charged
>  - IANAL, none of us is a lawyer, but Bill Deegan mentioned one of the PSF
> is, and may be available.
>  - we should probably also register "BayPIGgies" as a trademark. This
> costs ~$300-500 and lasts 10 years.
>    It should guarantee that this situation can't recur.
>
> So, my recommendation:
> i) quickly get lawyer to confirm the legal validity of "BayPIGgies" as an
> unregistered trademark since 1999
> ii) get lawyer to send both Suresh and Meetup a letter asserting our
> rights and asking them to
>  hand back the Meetup to us (also refund any dues gathered by using the
> name)
> iii) only in the event all that fails, then move to a new domain name as
> Glen suggested
> iv) either way, register "BayPIGgies" as a trademark
>
> Any +1 or -1 on this? I think regaining control of the Meetup quickly is
> preferable and achievable.
>
> Stephen
>
> ------------------------------
> Date: Fri, 15 Jan 2016 09:42:37 -0800
> From: glen at glenjarvis.com
> To: berndca at gmail.com
> Subject: Re: [Baypiggies] Message sent to Suresh (baypiggies meetup)
> CC: baypiggies at python.org
>
>
> On Fri, Jan 15, 2016 at 7:25 AM, Bernd <berndca at gmail.com> wrote:
>
> Suresh has changed the name of his meetup to BayPRIGgies which has the new
> url:
>
> http://www.meetup.com/BayPRIGgies/
>
> and added the following to the top of the groups home page:
>
> Disclaimer:
>
> We have nothing to do with the previous decades' organizations bearing the
> name BayPIGgies and the associated website or email.
>
>
> This should allow us to recover our groups url and past meetups with the
> help of meetup tech support.
> We would have to create a new meetup group for BayPIGgies.
>
> I understand that this is certainly not an ideal route. However I this
> might be our easiest route right now.
>
> What do you think?
>
>
>
> I personally think this is the best plan going forward and I also had the
> same idea. I donated the original MeetUp site. I can donate a second (and
> then work with the Python Software Foundation to get it officially
> sponsored and controlled by the group.
>
> Before I take any action, however, I will wait for 24 hours. Saturday
> morning, by 9:30 am, I will register the new domain. Please -1 or +1 so
> that I know the group consensus (or at least the group's feeling on this
> plan).
>
> If we do this, all will be restored except those who made payment
> previously. It may feel like an injustice has occurred. And, it has on all
> fronts -- everyone has been negatively impacted by this. We want to be
> "made whole" -- and re-registering the domain would make us almost
> completely "whole" in this matter.
>
> Please +1 if you wish for me to register BayPIGgies again with MeetUp (I
> will donate costs via my company).
>
> Please -1 if you don't wish for me to take this action.
>
> In an absence of votes I will take this action tomorrow morning (Saturday)
> at 9:30 am.
>
> Kindest Regards,
>
>
> Glen Jarvis
>
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-- 
Don Sheu
312.880.9389
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