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GSBN: Digest for 9/1/02



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-> Re: GSBN:Check out our newly ugraded website
     by Huff 'n' Puff Constructions huffnpuff@...
-> Re: GSBN:(OT)David vs Goliath:  CertainTeed trademark?
     by Judyknox42@...
-> RE: GSBN:(OT)David vs Goliath:  CertainTeed trademark?
     by jfstraube@...


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Date: 1 Sep 2002 06:27:33 -0500
From: Huff 'n' Puff Constructions huffnpuff@...
Subject: Re: GSBN:Check out our newly ugraded website

G 'day Balers

Thanks to DE and Tony Novelli for a great web site and one well worth keeping
an eye on.  DE and Tony have kindly allowed the E task force for Mama
Amelia's strawphanage to use the forum so that we can easily discuss this
proposed strawphange.

I cannot express our thanks deeply enough.

I will report back to both lists as to our progress on getting the
strawphanage a reality for Mama  Amelia and the people who are behind the
concept
especially Jolien van der Maden from the Netherlands.

If any of you want to be involved in the early planning stages please let me
know and we will have a chat.

Once again many thanks to DE and Tony good on you guys.

Kind regards The Straw Wolf
http://strawbale.archinet.com.au
61 2 6927 6027



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Date: 1 Sep 2002 11:28:59 -0500
From: Judyknox42@...
Subject: Re: GSBN:(OT)David vs Goliath:  CertainTeed trademark?


Dear Bill and Jeannine,
I wrote our reponse to CertainTeed's groundless position, and then read 
David's response...he had said everything we wanted to say, only better.
Judy and Matts

In a message dated 8/30/2002 1:32:08 PM US Mountain Standard Time, 
Strawnet@...:


> aside from the patently (pun intended) ridiculous position taken by 
> CertainTeed, this is not a product for sale, but a title of a section of 
> a website. And of course it is just common english usage in that regard 
> as well. They have no right to keep you from writing ordinary english 
> descriptions of categories of information on your website - not even 
> saying "building solutions" by itself as a page heading or section title 
> of your website.
> 
> David
> 


Judy Knox  and Matts Myhrman 
1037 E. Linden St.
Tucson, AZ  85719
520-622-6896
judyknox42@...
mattsmyhrman@...

"Nobody ever made a greater mistake than he who did nothing because he could 
do little."  Edmund Burke



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<HTML><FONT FACE=arial,helvetica><FONT  SIZE=2>Dear Bill and Jeannine, 
I wrote our reponse to CertainTeed's groundless position, and then read
David's response...he had said everything we wanted to say, only better. 
Judy and Matts 
 
In a message dated 8/30/2002 1:32:08 PM US Mountain Standard Time,
Strawnet@...: 
 
 
<BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px;
MARGIN-RIGHT: 0px; PADDING-LEFT: 5px">aside from the patently (pun intended)
ridiculous position taken by  
CertainTeed, this is not a product for sale, but a title of a section of  
a website. And of course it is just common english usage in that regard  
as well. They have no right to keep you from writing ordinary english  
descriptions of categories of information on your website - not even  
saying "building solutions" by itself as a page heading or section title  
of your website. 
 
David 
</BLOCKQUOTE> 
 
 
Judy Knox  and Matts Myhrman  
1037 E. Linden St. 
Tucson, AZ  85719 
520-622-6896 
judyknox42@...
mattsmyhrman@...
 
"Nobody ever made a greater mistake than he who did nothing because he could
do little."  Edmund Burke</FONT></HTML>

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Date: 1 Sep 2002 20:25:02 -0500
From: jfstraube@...
Subject: RE: GSBN:(OT)David vs Goliath:  CertainTeed trademark?

Hi there,

Beleive it or not, I too have received letters from CertainTeed.  My
Canadian website is titled Buildingsolutions.ca.  Note Canadian site.  Note
that I just registered this site within the last year although CertainTedd
has had their trademark for many years.  The trademark of which they speak
is registered in the US, but I too received the nasty letter.  The blunt
force with which they attempted to protect their right rankled me more than
a little.  I am willing to change since I have little invested in the name,
and was trying to be helpful.  GSBN is now the second group of well meaning,
non-profit people whom I know that CertainTeed has bullied (not including
me).

I would suggest the following:
Check out
http://www.uspto.gov/
select Trademarks
then choose New User Form

You will find that there are 55 US registered trademarks with Building
Solutions in their name.  35 are live and at least 5 are related to building
induistry directly.  And they received trademark protection from the US
Patent Office (who should be a more unbiased judge than CertainTeed)
You will find NO registered "Green Building Solutions" .

Now try a search using google and "Building Solutions".  You will find about
2.5 million hits.  Most of them avoid the Certain Teed problem by not
dealing with buildings OR adding a word in front to the Trademark, say, like
Green!

Now check the many hits on Google using "Green Building Solutions" and that
GSBN is clearly not the only user.

Please inform their lawyers of this.  Ask them to write in aletter why
"Green Building Solutions" is not trademarked and how trademark law could be
implied to mean that it is covered by their "Building Solutions" ,mark when
there are several companies with accepted trademarks in the construction
industry that use "Building Solutions" in their trademark?  They will of
course refuse to do so, because they would have to lie on paper to do this.
It is worth recording your request and their non reply however, and costs
you little and CertainTeed a lot (their lawyers are expensive, 10 minutes of
your time is not).  All of this is notwithstanding the fact that building
solutions is a common English phrase.

I beleive you have a strong case.  I would suggest that CertainTeed would be
interested to know that many potential customers could become pissed on very
quickly by the power of the Web, if their firm Ballard Spahr Andrews and
Ingersoll become a little too eager (while of course being well paid for
it).  I am not sure who we know in CertainTeed, but the legal firm is only
representing them, they do not understand the market they are dealing with.

John Straube
Dept of Civil Engineering and School of Architecture
University of Waterloo
Waterloo, Ontario N2L 3G1 CANADA
http://www.civil.uwaterloo.ca/BEG



- -----Original Message-----
From: GSBN [mailto:GSBN@...]On Behalf Of
billc_lists@...
Sent: Thursday, August 29, 2002 2:28 AM
To: gsbn@...
Subject: GSBN:(OT)David vs Goliath: CertainTeed trademark?


Hi folks,

Apologies for the cross posts.

I'd like to ask a favor of all you good folks.  We at
sustainablesources.com recently received a "cease and desist" letter from
building materials giant CertainTeed corporation for our use of the
words "Building Solutions" on the main page of our website
(http://sustainablesources.com). Actually, the phrase we use is "Green
Building Solutions".

We feel that the trademark lawyers are working just a little too hard
to justify their existence.

They've asked for a response by August 30.   We'd like to ask you,
the likely users of our site, to help us respond.  If you go to our
main page (http://sustainablesources.com), a second page will open as a
popunder with a simple, two choice response (there's also room for
additional comments, should you so choose).


Please submit your answers - they'll be sent directly to the
trademark lawyers, and copied to us.

Thanks for your assistance.


- --
Bill Christensen
billc@...

Green Building Professionals Directory: http://directory.sustainablesources.com
Sustainable Building Calendar: http://SustainableSources.com/calendar/
Green Real Estate: http://SustainableSources.com/realestate/
Straw Bale Registry: http://sbregistry.sustainablesources.com/
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