1. Well Jason, did you know that the same thing happened in January to Werbeblogger.de for having written "Heidi Klum"? (it's a registered trademark of Guenther Klum, the top model's dad). Now, there is a question I still miss the answer. How do we manage with trademarks that are also natural word/sentences? "Google", "Microsoft", "iPod" are no common, they have been created, so you know you are talking about THAT things. But "for dummies" is a common sentence. As to say I trademark "I love you", so every lover in the world have to pay me. May you forgive my english. :)

Posted at 1:32PM on Feb 8th 2006 by Domiziano Galia

2. What!? I don't know much about trademark law, but it seems silly that Wiley would make such an insistence. Where is the line supposed to be drawn?

Posted at 5:15PM on Feb 8th 2006 by Easton Ellsworth

3. Bite me dummies! Let's all use "for dummies" in our blogs for a month and see how they go with their trademark enforcement! I will be sure to find somewhere suitable to try it out in the next few weeks if for nothing else than my own amusement. The fact is every mention of the words "for dummies" in that context is reinforcement of their brand. Their brand is internationally recognised and a household name. So get over the trademark enforcement nonsense and get on with publishing books you twats.

Posted at 6:51PM on Feb 8th 2006 by Brett Iredale

4. Well I guess we ought work on a series of posts entitled Blogging for Lawyers 1. how little we care 2. how hard we will laugh 3. how to recognise intellegent people that understand the difference 4. how to know the difference between a blog and a book 5. how to understand ROTFLMAO and what it really means

Posted at 7:54PM on Feb 8th 2006 by alan herrell - the head lemur

5. Unfortunately, lawyers are not paid to exhibit common sense or to understand the way things work - only to get in the way and gum things up. Is this nonsense any different than the patent infringement debacle between RIM and NTP? How on earth can a judge seriously consider enforcing a jury decision that was based on patents that should never have been awarded and in challenges have all been stricken (granted, the decisions are still non-final, but all 5 patents that the original suit was based on have now been rejected, yet Blackberry users everywhere now face loss of service and the company that built the market and invested in products now faces extermination.) Perhaps you could write a series of blogs for dummies (sorry, I meant for lawyers), starting with Blogging for Dummies, and followed up with Trademark Infringement for Dummies, Fair Use Doctrine for Dummies, How to Get a Life for Dummies and Low-level Drone Lawyering for Dummies. If only we could convince lawyers everywhere to read them. Truth is, they're all too busy reading How to Pour Coffee in Your Lap and Sue for $4M for Dummies. If Kathleen comes calling again, perhaps you could educate her about what the law says on the subject of fair use. see: http://www.publaw.com/fairusetrade.html Of course, she could always claim that the use was intended to, or likely to "confuse the consumer", which might actually hold up in court if the consumer we are talking about is the law profession.

Posted at 1:21PM on Feb 9th 2006 by Paul

6. Isn't anyone buying a book for dummies conceding that they are?

Posted at 9:39PM on Feb 9th 2006 by paul

7. for some reason, IE7 shows this site as a "suspicious website". not sure why, but i reported it through their feedback tool... https://phishingfilter.microsoft.com/feedback.aspx?result=warn&URL=http%3a%2f%2fwww.calacanis.com%2f2006%2f02%2f08%2fdealing-with-dummies-for-dummies%2f

Posted at 9:41PM on Feb 9th 2006 by ms broken fishing filter?

8. I have my fair share of trademark issues too, recently it's my previously hosted blog domain (where by yourself, Mr. Jason Calacanis is featured on the magazine itself last month) that was caught by them. Just imagine add the 5 letters of the magazine that you're featured and add the first front 3 letters from "podcast". That put myself in a "hot soup". I have no clue on what to do upon receiving their legal letters, but to give up the domain back to their parent company. So, something I learnt that "trademarks" are serious business for some people and companies.

Posted at 9:42AM on Feb 10th 2006 by yeeloon@gmail.com

9. Is this really infringing? I noticed there is a comma betwe "for dummies" and the subject. I would like to see what the actual trademark is. I reviewed an excellent book on Trademarks and Pantents. Check it out if you want to learn about this stuff.1

Posted at 2:23PM on Feb 10th 2006 by Bob Balfe

10. Is this really infringing? I noticed there is a comma betwe "for dummies" and the subject. I would like to see what the actual trademark is. I reviewed an excellent book on Trademarks and Pantents. Check it out if you want to learn about this stuff.1

Posted at 2:24PM on Feb 10th 2006 by Bob Balfe

11. First, this Kathleen is probably not a lawyer, and second her message didn't assert that there was any "infringement" of a trademark or that bloggers *couldn't* use for Dummies in posts. They're just trying to prevent the trademark from entering into popular use in contexts outside of their particular brand of books. And they're apparently doing that, at least in this case, by sending email messages that "request" (not "demand") that you attribute the trademark to Wiley. And if the message had been ignored most likely nothing would have happened. But as it is now, they've managed to stir things up and raise public consciousness on the fact that Wiley owns the for Dummies trademark just a notch or higher. And all it took was a coordinator spending 5 minutes writing a couple email messages.

Posted at 2:55PM on Feb 10th 2006 by Narja Raveri

12. Actually, Wiley is doing something any trademark owner must do in order to be able to persuade a future court in a trademark infringement case that it is serious about its trademark. If they fail to be diligent about it, it is possible that they could inadvertantly, through inaction, let the trademark slip into the public domain. This has happened before, to Bayer, when the term Aspirin slipped into the public domain. It's called "genericide." See the page at wikipedia: http://en.wikipedia.org/wiki/Trademark#Maintaining_trademark_rights_.E2.80.94_abandonment_and_genericide

Posted at 12:40AM on Feb 11th 2006 by Mike Clark

13. I came across this as well... http://www.mineweb.net/columns/american_notes/510915.htm

Posted at 7:57PM on Feb 11th 2006 by Trace Richardson

14. Mike, in comment #9, is correct. They probably do this as a normal business practice to protect real future threats to their trademark (that might be this Kathleen person's full-time job). For example, if a year from now, someone really infringes their trademark by writing a book titled "Blogging for Dummies," Wiley would obviously want to take this to court for trademark infringement (as opposed to a warning like this). In order to back up their case (and in light of the case precedent of the Bayer case noted), they would need to show that they have actively worked to protect their trademark, and Jason's post here would be excellent evidence in Wiley's case that they have gone to extremes to protect their trademark. If they had no history of protecting their trademark, they will have one less bullet in their arsenal. I also speak from experience. I have worked at a couple companies who have taken their trademarks very seriously and there are various rules you need to follow to protect yourself in case of a future trademark infringement case--actively protecting it through 'advisories' like this one from Wiley is one common thing to do. Another one, that drove me crazy as a marketing person, is never, ever, under any circumstances, use your trademark as a noun. Example: Kleenex. That's a brand, but it's become the generic word for tissue. In order to protect this, Kleenex would need to refer to their product as "Kleenex brand" tissue. It's ridiculous what you have to do to protect yourself these days.

Posted at 2:29PM on Feb 12th 2006 by Paul Roberts

15. How about buying a "fordummies" domain? Like www.whateverfordummies.com? Is that possible? What are the policies for that? Is it enough just to add attribution language that was emailed to you?

Posted at 7:56AM on Dec 19th 2007 by Shira

16. Wiley products do not provide any support. I have been talking to corporate office for over a year trying to get an issue resolved from my purchase. Jay C who is in upper management over there is not providing any support for the products taht you buy.

Posted at 7:34PM on Mar 31st 2008 by mack

17. here is my experience a very bad one dealing with the company






I do not have my license that was on the CD cover

Discussion Thread
Customer (Khari mack)03/31/2008 07:07 PM
Well that is great. I will report your practices to the better business bureau. I am sure that they would enjoy reading this entire email correspondence.

Response (Jay C.)03/31/2008 03:14 PM
Khari Mack,
I show in our records that you tried this a year ago. Our policy remains the same today.

In order to service your request, we require additional information for you to receive replacement media. If you have purchased a Sybex product within the past 90 days, please fax a copy of the following materials to 1-317-572-4335 or email materials to support@wiley.com
- a copy of your receipt
- a copy of the copyright page in the front of the book
- your complete name, mailing address, phone number with area code and email address

If your purchase has been over 90 days or without proof of purchase within 90 days, you will need to purchase the full replacement product (book with media). Visit www.sybex.com to place your order online.

Thank you.
Jay Crafton
Tier II, Customer Technical Support Representative
Wiley Publishing, Inc.
10475 Crosspoint Blvd.
Indianapolis, IN 46256

Response (Mark C.)03/31/2008 02:32 PM
Khari,
I have escalated to a senior technician to contact the correct team to supply you with a new product code.
A specialist will be contacting you.
Regards,
Mark

Customer (Khari mack)03/31/2008 02:13 PM
what is your number





----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date: Mon, 31 Mar 2008 10:50:24 -0400
From: wileysupport@wiley.com
To: kharimack@hotmail.com
Subject: I do not have my license that was on the cd cover [Incident: 080331-000156]

Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.

If this issue is not resolved to your satisfaction, you may reopen it at any time.

Thank you for allowing us to be of service to you.

To update your question from our support site, click here.


SUBJECT
I do not have my license that was on the cd cover

DISCUSSION THREAD
RESPONSE (JAY C.) 03/31/2008 10:50 AM
Khari Mack,
Sorry to here of your inconvenience.
Your Product Code (what you refer to as a license) is required to register your product. Without it your particular CDs can not be activated. They were placed on the CD Jacket(s) for your convenience. We can not help you without the Product Code.

If the jackets were missing upon purchase, return the product to the seller. If it was purchased directly from us with in the past 90 days please send your order number to us by updating this ticket.

Thank You,
Jay Crafton
Tier II, Customer Technical Support Representative
Wiley Publishing, Inc.
10475 Crosspoint Blvd.
Indianapolis, IN 46256
CUSTOMER (ENTERED BY PAMELA) 03/31/2008 10:23 AM
khari
03/29/2008 06:56 PM
Please respond to
khari

To
cc

Subject Your wiley.com message






SITE: www.wiley.com
COMMENT: i have the ccna virtual lab titanium edition cd. I do not have my license that was on the cd cover.

I am looking to use the cd that i paid 200 dollars for. Please respond this is my 5 attempt at getting support for my purchase.

I am looking at contacting the better business bureau for this. I do not beleive that you have this type of support for your products. I need some assistance with this disc that I have not been able to use for 7 months now.

Part number 0555036618
cd id number MD03044A
mailfieldFromName: khari
mailfieldFromAddress: kharimack@hotmail.com
PHONE: 3235714358

Customer (Khari mack)03/31/2008 02:13 PM
Well if that is the case i need my money back, due to your policies. I have had the disc for over 90 days.







----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Date: Mon, 31 Mar 2008 10:50:24 -0400
From: wileysupport@wiley.com
To: kharimack@hotmail.com
Subject: I do not have my license that was on the cd cover [Incident: 080331-000156]

Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response.

If this issue is not resolved to your satisfaction, you may reopen it at any time.

Thank you for allowing us to be of service to you.

To update your question from our support site, click here.


SUBJECT
I do not have my license that was on the cd cover

DISCUSSION THREAD
RESPONSE (JAY C.) 03/31/2008 10:50 AM
Khari Mack,
Sorry to here of your inconvenience.
Your Product Code (what you refer to as a license) is required to register your product. Without it your particular CDs can not be activated. They were placed on the CD Jacket(s) for your convenience. We can not help you without the Product Code.

If the jackets were missing upon purchase, return the product to the seller. If it was purchased directly from us with in the past 90 days please send your order number to us by updating this ticket.

Thank You,
Jay Crafton
Tier II, Customer Technical Support Representative
Wiley Publishing, Inc.
10475 Crosspoint Blvd.
Indianapolis, IN 46256
CUSTOMER (ENTERED BY PAMELA) 03/31/2008 10:23 AM
khari
03/29/2008 06:56 PM
Please respond to
khari

To
cc

Subject Your wiley.com message






SITE: www.wiley.com
COMMENT: i have the ccna virtual lab titanium edition cd. I do not have my license that was on the cd cover.

I am looking to use the cd that i paid 200 dollars for. Please respond this is my 5 attempt at getting support for my purchase.

I am looking at contacting the better business bureau for this. I do not beleive that you have this type of support for your products. I need some assistance with this disc that I have not been able to use for 7 months now.

Part number 0555036618
cd id number MD03044A
mailfieldFromName: khari
mailfieldFromAddress: kharimack@hotmail.com
PHONE: 3235714358

Response (Jay C.)03/31/2008 10:50 AM
Khari Mack,
Sorry to here of your inconvenience.
Your Product Code (what you refer to as a license) is required to register your product. Without it your particular CDs can not be activated. They were placed on the CD Jacket(s) for your convenience. We can not help you without the Product Code.

If the jackets were missing upon purchase, return the product to the seller. If it was purchased directly from us with in the past 90 days please send your order number to us by updating this ticket.

Thank You,
Jay Crafton
Tier II, Customer Technical Support Representative
Wiley Publishing, Inc.
10475 Crosspoint Blvd.
Indianapolis, IN 46256

Customer (Entered by Pamela)03/31/2008 10:23 AM
khari
03/29/2008 06:56 PM
Please respond to
khari

To
cc

Subject Your wiley.com message






SITE: www.wiley.com
COMMENT: i have the ccna virtual lab titanium edition cd. I do not have my license that was on the cd cover.

I am looking to use the cd that i paid 200 dollars for. Please respond this is my 5 attempt at getting support for my purchase.

I am looking at contacting the better business bureau for this. I do not beleive that you have this type of support for your products. I need some assistance with this disc that I have not been able to use for 7 months now.

Part number 0555036618
cd id number MD03044A
mailfieldFromName: khari
mailfieldFromAddress: kharimack@hotmail.com
PHONE: 3235714358


ISBN
0555036618

File Attachments

Posted at 7:36PM on Mar 31st 2008 by tony