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The Daily WTF maliciously infringes Programming Praxis trademark

38 pointsby igorhvralmost 16 years ago

17 comments

johnsalmost 16 years ago
Anecdotally, shortly after The Daily WTF gained popularity I emailed Alex to suggest starting a sister site for non-programming IT related WTFs and he tried to poo poo the idea saying he didn't think it would have enough content, etc. Without support of the Daily WTF, it was a lost cause so I gave up on it. Shortly thereafter, he started a section on the Daily WTF site for non-programming stories.
ajg1977almost 16 years ago
Since "Programming Praxis" is not a registered trademark then it would likely be a long and costly battle to legally force The Daily WTF to cease using it. (Common Law trademarks do have rights, but it's not nearly as clear cut).<p>That said, if the emails are accurate I do think The Daily WTF is behaving incredibly poorly and they've just lost this reader.
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tlrobinsonalmost 16 years ago
Alex seems to have some reading comprehension problems. In nearly every email Phil mentions his desire to keep his blog as separate...<p>"You and I have similar objectives: you want to extend your already-successful brand by offering something new to your readers, I want to grow my new blog."<p>"I like the idea of having a Programming Praxis sub-section on TDWTF, and I also want to keep my blog at programmingpraxis.com."<p>"May I ask a favor? Can you please include somewhere in the text of the exercise a link to my blog?"<p>"First, programmingpraxis.com will continue to exist in roughly its current form, as a stand-alone web site with two exercises per week, no matter what happens with Programming Praxis exercises at TheDailyWTF."<p>"Regarding linking: If Programming Praxis is going to become a regular weekly feature on TheDailyWTF, with at least some original content, I don’t see the problem with putting a link to programmingpraxis.com somewhere obvious."<p>Alex constantly ignores this until the end when he says:<p>"I don’t want to come across as abrasive or inconsiderate, but we started this conversation on the premise of joining forces, and I’ve reiterated that intent several times. My understanding has been that, if our test(s) proved successful, then we’d combine blogs; if not, then you’d continue with your blog, and I would continue with mine."
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anigbrowlalmost 16 years ago
The argument from TDWTF that 'it's too late to change it now' is pretty much an admission of guilt. Lawyer up, spend a few hundred on a C&#38;D and then register your TM.
CodeMagealmost 16 years ago
It's astonishing to see how many comments on the blog are not only hostile, but rude and hateful. I guess I'm naive and overly optimistic, but it always surprises me to see the Greater Internet Fuckwad Theory [1] proven in practice...<p>[1] <a href="http://www.penny-arcade.com/comic/2004/03/19/" rel="nofollow">http://www.penny-arcade.com/comic/2004/03/19/</a>
ErrantXalmost 16 years ago
Alex is quickly (rightly or wrongly) coming off as a "bit of a dick" in this. On the Internet you can live or die on your reputation - right. Surely the logical approach would have been a "sorry dude, ill change it, misunderstanding"<p>And of course the cynic in me is saying; well programming praxis will be getting a shed load of new publicity now :)
sfkalmost 16 years ago
He can trademark his <i>site</i> name, but it would be ridiculous to forbid the name "Programming Praxis" as a header for a column or subsection of another website. It's just too generic.
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Seiwyndalmost 16 years ago
This story is summed up very well by a comment on the page made by sorryoldman - "It sounds like this: “You had her first all right, but I slept with her and she’s way too hot for me to give up now. So bugger off and dont come looking for her. She’s too sexy and she’s mine now.” I hope this last sentence puts things in persepctive."
lincolnqalmost 16 years ago
alex responded on proggit<p><a href="http://www.reddit.com/r/programming/comments/9a7zr/programming_praxis_accuses_the_daily_wtf_of_name/c0bzilo" rel="nofollow">http://www.reddit.com/r/programming/comments/9a7zr/programmi...</a>
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metachrisalmost 16 years ago
Trademarking the generic title "Programming Praxis" seems a bit over the board. There are too many trademarks -- everywhere! To me, this seems to be contradicting the open-source and free knowledge spirit!<p>As one commenter in the original article put it: "He’s a prick. You’re a winey bastard. Move on, yo."
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alex_calmost 16 years ago
Is this a registered trademark? (I poked around the USPTO search form a bit, and couldn't find anything resembling "programming praxis").<p>I know copyright kicks in automatically, but is there such a thing as a non-registered trademark, and does it carry any legal weight?
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Mike2239almost 16 years ago
Let’s see if there’s an apology coming from Phil now that Alex has changed the category name (and after he gave a reason for the delay) and whether it receives as much attention as the attention<i></i>*ring post on the site.
greyfadealmost 16 years ago
Wonderful. More drama. The Internet needs more drama. The babies need their attention.
ajkirwinalmost 16 years ago
Wow, that guy sure does have a stick up his ass, doesn't he.
tamasalmost 16 years ago
Not a trademark.
DanielStraightalmost 16 years ago
Two things. One, if you don't bother to get legal protection for your "trademark", don't complain if people "steal" it. You can't have something stolen from you that you never owned. Get over it. Two, generic terms should not be eligible for trademark in the first place. Especially, no phrase of the form adjective-noun and no compound noun should be elgible for trademark.
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mrkurtalmost 16 years ago
Flagged this because it's not a trademark. While he might have a legal case due to first use, and be able to trademark it now, he doesn't currently have a trademark. Bad title, no biscuit.<p>Upvoted because it sounds skeezy as hell.
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