I'm assuming the company in question is Blue Cross Blue Shield. This kind of sucks, but looking at their logo[0], I would have to agree that they're uncomfortably close, if they are deemed to be in similar enough markets.<p>The only question is whether Watsi and BCBS operate within similar enough markets for their use to be considered infringement - I'm less sure of that.<p>On a related note, this is why early-stage startups shouldn't get too attached to their branding, product name, and/or company name. You're better off focusing your efforts on your product itself.<p>And don't waste money (as an <i>early</i> startup) on filing for trademark protection - because US trademark law respects common law use (ie, if you used it first, you are protected, even if you didn't file for protection)[1]. Registering your trademark does nothing if someone else (with more expensive lawyers) was using it first and can demonstrate that use.<p>And even if they accept your registration, that doesn't mean that it will hold up. Just like patents, the USPTO leaves this up to courts to decide. You could easily register something like the Coca-Cola[2] logo and they could accept it, but that doesn't prevent Coca-Cola from litigating against you and winning. They have no great way to check for conflicts, and they err on the side of issuing the trademark (and collecting your fee) so that the courts can be the final arbiters[3].<p>(Obligatory disclaimer: I am not a lawyer, and this is not legal advice).<p>[0] <a href="https://encrypted.google.com/search?tbm=isch&q=blue%20cross%20blue%20shield&tbs=imgo:1" rel="nofollow">https://encrypted.google.com/search?tbm=isch&q=blue%20cross%...</a><p>[1] This is the opposite of the way that patent law works.<p>[2] In reality, probably not Coca-Cola <i>per se</i>, because it's popular enough that anybody reading your application would notice it, but a trademark that's very similar to an existing logo.<p>[3] If you're wondering, no, they won't refund your fee if your trademark is deemed invalid.
Wow, this really made my evening :)<p>I just donated two hours worth of my consulting time for two fellow human beings in need somewhere else in the world and it will have serious impact. I'm in total bliss <3 nothing feels like helping others - you should try donating!<p>The only thing I would like to see watsi doing is to offer donations with bitcoin! Integration with bitpay is really easy too. If watsi is rails based (seems so) they would have support for bitpay out of the box with active merchant!<p>Go spread some love folks, it feels great!<p><a href="http://watsi.org" rel="nofollow">http://watsi.org</a><p>Edit:<p><a href="https://bitpay.com" rel="nofollow">https://bitpay.com</a> (they offer immediate conversion to local currencies too!)<p><a href="https://github.com/Shopify/active_merchant/tree/13e0ab52727baaed5860dd093924a3662e2223ac/lib/active_merchant/billing/integrations/bit_pay" rel="nofollow">https://github.com/Shopify/active_merchant/tree/13e0ab52727b...</a>
I remember when looking for a new company domain feeling like this SNL comedy skit: <a href="http://vimeo.com/82393638" rel="nofollow">http://vimeo.com/82393638</a><p>Medical companies are ruthless here. I ran an e-commerce store that sold medical equipment, it was nearly impossible to buy any .com domain name related to the medical industry. We ended up settling with JazzMed because one of our founders liked Jazz and we figured it was a unique brand. We ran the company for about 6 months slowly getting to a point where we had roughly 10 orders a day. Needless to say, once we started ranking well in Google a health care company called Jazz Pharmaceuticals threatened legal action, even went through the trouble of sending a certified letter from their lawyer. After reviewing our options and after receiving a formal complaint to the court from the company we decided to shut down and comply with their demands which was to transfer the domain ownership to them. We just didn't have the resources to hire a lawyer and keep the company going. The sad part is that there are so many businesses in that space it's nearly impossible to create a company name that doesn't sound like an existing one.
So <insert big corporation here> wants watsi to stop using their logo by date X, and watsi proceeds to print that logo on t-shirts and sell that logo-laden t-shirt.<p>Isn't this akin to waving a stack of cash right in front of <insert big corporation here> lawyer's nose?<p>Is watsi's only saving grace the fact that they are not directly profiting from these t-shirt sales?<p>Seems kindof risky, no?
I hope they aren't planning on changing it to red. I remember in 2005, the Red Cross was going after video game companies that used a red cross on their health/medpack items in-game.
I appreciate what Watsi does, but I'm mostly buying a shirt because of the great speech Chase gave at Startup School [1]. It was of the most value to me at that event. Thanks.<p>[1] <a href="http://www.youtube.com/watch?v=WlT3UhC7NwQ" rel="nofollow">http://www.youtube.com/watch?v=WlT3UhC7NwQ</a>
When you say "invited to a bonfire at Ocean Beach", that doesn't mean you're going to burn a big heap of branded trash on the beach, right? Or am I just being a spoil-sport?
Not knowing what Watsi was, this is ridiculous. Finding out they're an organization that gets donations for medical treatments, being threatened by an insurance company? Beyond ridiculous.
We had the same problem with one of our logos and BCBS. We had a green '+' symbol as one of our letter 'T'. We're in the wellness industry. That was enough to get them to send a letter and it was cheaper to have a designer and developer go through and change everything (3-4 days of designer time and 1 day of developer time) than it was to have a lawyer draft up a response.
I ordered one not just to stick it to BCBS, but also because it's great knowing all of this is going directly to the patients at Watsi. Well played.
I wonder if a more measured reaction rather than simply caving would have done them better.<p>They could have had their lawyers draw up a reasoned defense, then used that to wrangle a settlement offer whereby Watsi takes a large-ish donation in return for changing their logo.<p>Reason being a big battle would hit the larger plaintiff much harder in terms of public opinion. A little brinksmanship could do them a world of good.<p>Thoughts? Any legal eagles want to weigh in on whether this be a feasible course of action?
It's a shame. I do think they look somewhat look a like, and there are solid reasons why it would or wouldn't cause confusion in trade.<p>But if the plaintiff is indeed BCBS, then Watsi would have definitely lost. Since BCBS will probably be regarded as a famous mark, and any similarity would cause an issue for Watsi.<p>It's unfortunate and sad nonetheless.
I'm guessing part of the agreement is that Watsi doesn't publicly "out" the insurance company. Well, we have lots of good writers here, some with an audience, but without any legal association to Watsi.<p>Let's make this <i>so costly</i> that no mega-corporation dares to bully non-profits in this way again.
They have now changed<p>"a multi-billion dollar health insurance company threatened to take us to court for trademark infringement"<p>to<p>"a multi-billion dollar health insurance company threatened to oppose our trademark application"<p>Was that because of careful consideration and consulting or again because of said health insurance company?
Thanks Watsi for having a sense oh humor about it. I bought a shirt because I love your mission as a whole and the post have me a much needed smile yesterday. I wish more people were light hearted like this/ took themselves less seriously faced with situations like these!
The tone of this post is yet another reason to love team Watsi. Really fun for an early stage company (for-profit or non) to be spending time and money on this instead of on more interesting things like building their business.
Similar industries. Very similar logo. Unfortunate, but it makes sense.<p>I give credit to Watsi for its response, though. This is a cool and creative way to deal with a forced change in brand.
Am I the only one who has serious question marks with Watsi? Portraying itself as a non-profit hocus-pocus third-world-helper, why does it have so many investors and such a big riced crew?<p>I can't help but think how it is non-profit, but ONLY after investors and founders are paid good sums of money. Not that there is anything wrong with that, I am just saying it is shady.