[Baypiggies] Message sent to Suresh (baypiggies meetup)

[Bill Deegan]

Thanks Don! And Stephen.
-Bill

On Fri, Jan 15, 2016 at 4:05 PM, Don Sheu <dinaldo at gmail.com> wrote:

> 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
> - - - - - - - - - - - - - - - - - -
>
> My Python user group in February meets at Dropbox
> *http://www.meetup.com/PSPPython/ <http://www.meetup.com/PSPPython/>*
>
>
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