Community | March 18, 2010 | 81 comments

Current Threatens to Sue Jon Raymond

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JonRaymond
Trademark infringement. Like the world is flocking to my website and they're losing money.
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    Community,   Law and Justice,   Under the Radar,   Under Current....
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81 comments // Current Threatens to Sue Jon Raymond

  • sk0j0
    • 0
      sk0j0  
    • So tell me, if I had a current shirt (or even a bumper sticker) made could I be sued? I realllyyy want one and yet there's no store or any place that sells them on the interwebz.

    • 1 year ago
  • Argon18
    • 0
      Argon18  
    • Image
    • sk0j0:

      Maybe you weren't around back when they were giving away "swag" for gaining levels but I have 3 Current T-Shirts.

      They are very plain though so I suggested a better design http://www.cafepress.com/currentcomments but they never gave me any reaction to my suggestion, I never was sued, or ever sold any even though it's still a possiblity.

      I don't know whether they think it's worth the effort in my case that it is in the other.

    • 1 year ago
  • sk0j0
  • ImissLaura
  • Argon18
  • JonRaymond
  • julesrs007
    • +1
      julesrs007  
    • What do you expect Jon?
      I followed the linked page and it does not seem that its the actual word CURRENT that is the concern. Apparently, it is over the same "Current..." style or typed format...

      For all the little nasties whose posts are bashing against CurrentTV... WTF?WHY are you a member of a social/news site that you think is unethical?

      I certainly hope that a courtroom & taxpayers $ is not going to be wasted on this.

    • 1 year ago
  • JonRaymond
    • 0
      JonRaymond  
    • julesrs007:

      http://Ning.com

      I changed the offending items. The site used to be titled "Under Current..." It's now "UnderCurrent". Current claims rights to the word "Current" and "Current...." I wouldn't mind taking this to court just for the fun of it. I doubt the "Current" rights could stand up. But it's actually Ning.com that is liable first. Ning will simply shut me down before it ever gets to court. In fact they claim the right to do so regardless of my corrective action. But if they do now, I'd probably sue them.

      Why am I a member? Like others here, I came here when it was cool. Then they sold out to an MTV guy who commercialized everything even more than it was and Al Gore left too.

      I still enjoy the format and the people here are generally interesting and cool to debate trendy topics with. But UnderCurrent was formed as an alternative, just in case Current started to suck way too much, and as a place for things Current won't allow (kind of like a Current public option to keep them honest). A number of Current exiles signed up there.

      There's no clear answer to your questions. But they are intriguing.

    • 1 year ago
  • dariusvons
    • 0
      dariusvons  
    • can't copyright a word, phrase or name. the difference between trademark and name may be fuzzy and I'm no lawyer, and given that current themselves could be sued over use of the word 'current' because there are electrical companies out there with current in their name... they should just shut up and only complain if you're making money on their format, but then they'd have to prove a right to such a format by providing perhaps a patent or something.

    • 1 year ago
  • JonRaymond
    • 0
      JonRaymond  
    • dariusvons:

      Yes. UnderCurrent is hardly taking away their business. I think it's just a way to pressure Ning to shut me down, in the hopes that I'm not vigilant enough to care or stop that from happening. It would be fun to see this in court though.

    • 1 year ago
  • oddree
    • +2
      oddree  
    • Jon, this is what legal departments are paid to do. Understand that like every other business with a public image, there is a firm which is hired to defend their name, trademarks, etc. You have violated their trademark name by using in it in a sub-domain. This is reason for action.

      Posting this letter back to their website was not a bright idea. You obviously don't have anyone giving you legal advice on the matter.

      Also - the only reason I am commenting here is because you suggested the story to me (and probably hundreds of other random people who could care less about you). I happen to be a fan of CurrentTV, but I despise this website. Mostly because of people like you.

      Have a nice day. And you should take the advice of this letter. Otherwise, your site will eventually be removed and you will be charged for all legal services that it takes.

    • 1 year ago
  • julesrs007
  • JonRaymond
    • 0
      JonRaymond  
    • oddree:

      Interesting. What exactly does posting here do? It's not really any kind of legal infringement. I suppose it might tick them off into taking whatever action they can. But at this point I don't think they have a case, and even if they did, I'd welcome the challenge.

    • 1 year ago
  • EdJoyProductions
  • ChunkyCheezes
  • jubal
    • +1
      jubal  
    • Perhaps I should have sued Current back in 1999 when they copied my business plan that I created for my degree program in Media Production and Design. I am not saying they got their hands on a copy of my business plan, but their original website worked almost exactly as I described my website and TV station idea to be.

      I created a business plan and submitted it to the University of Oregon business plan competition. My plan was for a site very similar to what Current started out as. Now I laugh because, my plan was solid and it is still viable, I just didn't have a rich man to back me up and make it real. But I swear, after my business plan went out there into the world, I saw many sites that had very similar ideas to mine become realities.

      The same thing happened to me when I submitted material to film festivals. My work would be rejected, but then suddenly I saw student films emerge that suspiciously had the same ideas as my work. Then I found out that many of the so called film festivals that you send scripts to often steal people's ideas, that is why they hold the festivals in the first place, because they know "you can't copyright or trademark an idea".

    • 1 year ago
  • tiflaf
  • Argon18
    • 0
      Argon18  
    • tiflaf:

      The house isn't very safe, maybe a better place would be a cave on the Pakistan border? The don't seem to be able to get access to ideas or anybody there. Although as they say "We should nuke the site from orbit, it's the only way to be sure" so no place is absolutely safe or any idea if anyone knows about it

    • 1 year ago
  • JonRaymond
  • JonRaymond
    • 0
      JonRaymond  
    • jubal:

      Also, Jubal, I'm a web programmer by day. I have the ability to make almost anything you can think of happen. If you have a good idea, I might be game to execute the plan. I'm not looking for money either.

    • 1 year ago
  • JonRaymond
    • 0
      JonRaymond  
    • Argon18:

      There's only one safe place on this planet, and that's where Bin Laden is right now. The entire U.S. military couldn't get to him for nearly ten years now. What could be safer? But it's probably George Bush's basement.

    • 1 year ago
  • tiflaf
  • jubal
    • 0
      jubal  
    • JonRaymond:

      That's mighty kind of you JonRaymond...I just might take you up on that offer. My plan is just as viable as it was 11 years ago. It needs a little updating but the premise is what attracted me to Current originally, viewer created content tied to a television station. I had a different name of course.

      Hey we should PM so we can chat on some confidential details, in fact, if you PM me I will send you my email. Cheers.

    • 1 year ago
  • jubal
    • 0
      jubal  
    • JonRaymond:

      One other thing, if you do it for the money then you are a slave, if you do it for the love of the art and the medium you will always be the creator. Just a thought.

    • 1 year ago
  • MisterWizard
  • MisterWizard
    • +1
      MisterWizard  
    • MisterWizard:

      Then too, if they don't like you, why is this story rated #1 ? Something fishy going on here.
      I don't know if I like this place or not.

      Does this kind of hoopla happen often on this site ? Somebody please tell me.

    • 1 year ago
  • diode
  • julesrs007
    • 0
      julesrs007  
    • MisterWizard:

      Everyone can speak their mind so don't be wigged over "rated#1", it just means that it's an active post.

      And for everyone making negative comments, why are they wasting so much time being an ACTIVE member of a social news network they do not believe has moral integrity?

    • 1 year ago
  • JonRaymond
  • JonRaymond
  • JonRaymond
  • JonRaymond
  • Karen_Mile
  • MoonLoon
  • zichi
    • zichi [removed]  
    • This comment was removed as a violation of community guidelines.
  • Zwiggle
    • 0
      Zwiggle  
    • zichi:

      Yep you misread it. He knew he was using the 4dots behind current which is not proper english. 3 dots mean ect.. He changed it to UnderCurrent which has many meanings other then currant.

    • 1 year ago
  • JonRaymond
    • 0
      JonRaymond  
    • zichi:

      No the site is now "UnderCurrent". But it was originally "Under Current...." It is the use of the word "Current" and with the four dots "Current...." that they claim rights to. Somehow, I don't think they can hold rights on the word "Current" alone.

    • 1 year ago
  • createfreely
    • +5
      createfreely  
    • I hate to say it, but you are in the wrong. Just change your name, and be done with it. If you choose to pursue this, Current will bury you in legalities. Companies that spend money on making something theirs are generally not happy when another company imitates them with a similar name...

    • 1 year ago
  • JonRaymond
    • 0
      JonRaymond  
    • createfreely:

      It's been done dude. But Ning claims they can take it down even if I do comply. Current will sue Ning and not just me. So Ning wants me to clean it up or else. Even if I held out, Ning would just shut it down and that would be the end of it.

    • 1 year ago
  • Chapisbored
    • +2
      Chapisbored  
    • This is just standard business procedures. I thought it was kind of ironic for current to be the one pursuing it but i dont think it should be #1 for so long.

    • 1 year ago
  • CalgarC
  • JonRaymond
  • diode
    • -1
      diode  
    • i find it funny current is trying to censor someone else. but then again, that's nothing new from them. good luck with that. they're the same as any other company, they just have a much better facade

    • 1 year ago
  • Incredulous
    • +8
      Incredulous  
    • diode:

      I find it enormously funny that Current, being Current, let's Jon post the whole thing on their site...part of why we love Current, the good, the bad, and the always entertaining!

    • 1 year ago
  • lizziehoffman
  • JanforGore
    • +1
      JanforGore  
    • I would suggest what others have. Take out an R, make the C a K, or even add an ly and call it Currently. Funny too because I remember when the station was first going up they were sued by an Ohio radio station I believe that stated they had the same name... but it's still here. It's not just the word, but the style and the intent.

    • 1 year ago
  • MoonLoon
  • tiflaf
    • +2
      tiflaf  
    • Jon Raymond, we tend to be on the same side in most issues. However, I often find your comments on current to be overly hostile and offensive, which is not a very effective way to conduct debate. I'm not a fan of the litigious nature of this situation, but I would not want my name being used in connection with yours either.

    • 1 year ago
  • Darevalo
    • 0
      Darevalo  
    • take an R out

      under curent. then they cant really say shit.

      they arent calling them selves current DOT DOT DOT
      they are under current.

      you guys are stupid and being greedy. you guys are sucking now.
      like a suck tard.

    • 1 year ago
  • donkeyfly69
  • sidewaysclyde
  • JonRaymond
  • pjacobs51
    • +4
      pjacobs51  
    • It's just a "trademark" infringement. They usually back off if you change the name (been there . . .) besides they don't want to spend the money for attorney fees any more than you do.

      Change the name to Kurrent, or what V suggested.

    • 1 year ago
  • JonRaymond
  • Argon18
  • Vierotchka
  • KSirys
  • JonRaymond
    • -1
      JonRaymond  
    • This is the letter from Ning. They say they can take down the site even if I do comply:

      First of all, we very much appreciate your use of the Ning Platform to create your social network, but your use of the trademark “Current” on http://currentb.ning.com, built on the Ning Platform, located at http://currentb.ning.com/profiles/blogs/this-is-an-experiment has been the subject of a claim of trademark infringement. [current's lawyer] has asserted that he owns this trademark and that you have used it in violation of United States or foreign trademark law. Please see the notice attached from [current's lawyer].

      It is Ning’s policy to respond expeditiously to claims of trademark infringement. Accordingly, we are providing you forty eight (48) hours to either take corrective action of this matter and inform us that you have done so or, if you own the rights to this trademark, have permission from the trademark holder to use it, or otherwise believe that there has been an error, please send us a counter-notice with following information:

      (A) a statement under penalty of perjury that you have a good faith belief that you have the rights to use the trademark;
      (B) your name, address, and telephone number;
      (C) your physical or electronic signature; and
      (D) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside, or if you live outside of the United States, for any judicial district in which Ning.com may be found, and that you will accept service of process from [current's lawyer]

      This information can be sent to us via email to counternotification@ning.com. Please note, however, that any false statements regarding your rights to the trademark will result in the permanent termination of your Ning member account.

      If corrective measures aren’t taken, and if we don’t hear from you, we’ll be forced to disable access to this content. Unfortunately, there is no guarantee that any corrective action you take will resolve the claims of infringement against you. We must therefore reserve the right to disable access to this content even after you take corrective action.

    • 1 year ago
  • MisterWizard
  • JonRaymond
  • ibrake4rappers13
  • JonRaymond
  • highproof
    • +2
      highproof  
    • Given the recent budget crunch and successive rounds of layoffs and reduction in content on Current, it's good to see they're still managing to employ lawyers!

    • 1 year ago
  • artemis6
  • Vierotchka
    • +6
      Vierotchka  
    • "Based on the foregoing, effective immediately, we hereby demand that you cease and desist infringement of Current's trademarks and trade dress including, without limitation, the immediate removal of Current's Material from your service,..."

      That's rich, since Current thrives almost exclusively on material from other websites - i.e. excerpts from news and other websites, and photographs from other websites. Also, where on your blog is there any trace of Current's trademarks, trade dress, and material?

    • 1 year ago
  • JonRaymond
  • Vierotchka
  • artemis6
  • JonRaymond
  • Vierotchka
  • MoonLoon
  • sk0j0
  • sk0j0
  • jubal
    • 0
      jubal  
    • Image
    • Vierotchka:

      V, I was thinking the very same thing. That is so rich that Current is suing others for using current material, when current makes money off people pointing to other people's content. That is so hypocritical it hits you like a raw steak in the face.

      The other thought that occurred to me is a thing called PARODY. That is perfectly legal. Even Current does PARODY all the time. Saturday Night Live does PARODY.

      PARODY is when you ridicule some entity by imitating them in an exaggerated way.

      http://en.wikipedia.org/wiki/Parody

      Was your intent to "mock, comment on, or poke fun at an original work, its subject, author, style, or some other target, by means of humorous, satiric or ironic imitation?"

      Then perhaps you should take steps to make it more like PARODY.

    • 1 year ago
  • MisterWizard
  • MisterWizard
  • MisterWizard
  • MoonLoon
  • wintermadness90
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