Ken wrote:
> 
> David Fontaine wrote:
> 
> > I replied and told them to remove the image, that I don't want their
> > stupid service, and that I found much of their solicitating email in
> > poor taste.
> 
> All you accomplished by doing that is confirming for them that they
> have found an active e-mail address. The will never stop sending you
> spam now.

They probably took the address from the whois database, which is public
(I just received the same ad concerning wozzeck.net). And I don't think
that anybody would leave a false or out of date address to his
registrar...
-- 

      __  __ __  __  _
|  | /  \  /  / |_  /  |/
\/\/ \__/ /_ /_ |__ \_ |\

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"Chris Cason" <newsadmin@-despam-povray.org> wrote in message
news:3b793de0@news.povray.org...
> > Wingear  does appear to have a P.O. Box in Boca Raton, Fla. US
> > and a phone number. Have no idea if these are good.
> >
> > PO Box 273362
> > Boca Raton, FL 33427
> > US
> > 954-750-8880
>
> BTW if this is just taken from the WHOIS record, please ignore my
> request for where you got it from :). I was already aware of the
> whois record, but chose to ignore it because there was no clear
> connection between the name 'wingear.com' and 'wingear publishing'.
>
> There are porno operators out there who have a habit of snapping up
> domain names of popular product keywords, even if they have no
> relationship to them.
>
> -- Chris
>

One of the sites offering Wingear CDs had a link to Wingear Publishing.
That link was wingear.com.

Post a reply to this message

"Chris Cason" <newsadmin@-despam-povray.org> wrote in message
news:3b793a30@news.povray.org...
> FWIW, I noticed that on the CD, it claims that '3d render studio 2000 and
> the Wingear logo are registered trade marks of WinGear Publishing'.
>
> To claim something is a registered trade mark when it is not is, I believe,
> an offense under US law, so I checked the USPTO site for a registration for
> the product name (no go) or anything else registered to a firm called
'WinGear'
> (no go). However, I am not 100% familiar with their search tool so don't take
> that as a statement that there is no such registration; just that I couldn't
> find one (or that all of their marks expired - hardly likely given the date
> of the CD).
>
> Note that getting a RTM is expensive (I think at least US$2000), and it
doesn't
> make a lot of sense for a CD that they sell for maybe US$4.50 ...
>

at www.uspto.gov there are two Wingear listings - one live and one dead.

The CD producers seem to be using someone else's tm.

LIVE: http://tess.uspto.gov/bin/gate.exe?f=doc&state=f3ailu.3.1

Word Mark WINGEAR
Goods and Services IC 009. US 021 023 026 036 038. G & S:
  testing, measuring, inspecting, and evaluation software, namely,
  for testing, measuring, inspecting, and evaluation of gears,
  double-flank gear roll performance, measuring, inspecting and
  testing for anomalies or damage to gears and gear teeth,
  dimensions, radial run-out and gear tooth-to-tooth variations.
  FIRST USE: 19970715. FIRST USE IN COMMERCE: 19970715
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75194509
Filing Date November 7, 1996
Filed ITU FILED AS ITU
Published for Opposition April 21, 1998
Registration Number 2289213
Registration Date October 26, 1999
Owner (REGISTRANT)
   Mahr GmbH, Brauweg
   38 CORPORATION FED REP GERMANY
    D-37073 Gottingen FED REP GERMANY
Attorney of Record STEPHEN H FRISHAUF
Section 44 Indicator SECT44
Priority Date August 23, 1996
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

DEAD: http://tess.uspto.gov/bin/gate.exe?f=doc&state=f3ailu.3.2

Word Mark WINGEAR
Goods and Services (EXPIRED) IC 007. US 023. G & S:
 WORM GEAR SPEED REDUCERS AND GEARMOTORS.
 FIRST USE: 19760901. FIRST USE IN COMMERCE: 19760901
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73105030
Filing Date November 1, 1976
Registration Number 1072541
Registration Date September 6, 1977
Owner (REGISTRANT)
  UMC INDUSTRIES, INC.
  CORPORATION DELAWARE
  72 WALL ST. NEW YORK
  NEW YORK 10005
Assignment Recorded ASSIGNMENT RECORDED
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator DEAD

Post a reply to this message

On 14 Aug 2001 10:54:00 +0200, Ole Laursen wrote:
>> > I replied and told them to remove the image, that I don't want their
>> > stupid service, and that I found much of their solicitating email in
>> > poor taste.
>> 
>> All you accomplished by doing that is confirming for them that they
>> have found an active e-mail address. The will never stop sending you
>> spam now.
>
>Not necessarily. Someone on CNET conducted an experiment recently
>which apparently showed that replying to the opt-out messages isn't as
>risky as one might think:
>
> 
http://www.cnet.com/software/0-3227888-8-6602372-5.html?tag=st.sw.3227888-8-6602372-1.txt.3227888-8-6602372-5
>
>In the past I've never replied to spam myself but after reading the
>above page I'm beginning to change my mind. It actually seems to work
>sometimes.

I must say that I've found it to work quite well. 

--
Cheers
Steve              email mailto:ste### [at] zeroppsuklinuxnet

%HAV-A-NICEDAY Error not enough coffee  0 pps. 

web http://www.zeropps.uklinux.net/

or  http://start.at/zero-pps

 10:17pm  up 32 days, 20 min,  2 users,  load average: 1.00, 1.02, 1.00

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Chris Cason <newsadmin@-despam-povray.org> wrote:
: To claim something is a registered trade mark when it is not is, I believe,
: an offense under US law

  Isn't there any way of reporting this kind of crime without having to go
through all the trouble of hiring an expensive lawyer and so on?
  If there isn't, there should be. In the same way as you can report
confidentially piracy in companies to BSA and they take care of that without
you having to get involved in anything.

-- 
#macro N(D,I)#if(I<6)cylinder{M()#local D[I]=div(D[I],104);M().5,2pigment{
rgb M()}}N(D,(D[I]>99?I:I+1))#end#end#macro M()<mod(D[I],13)-6,mod(div(D[I
],13),8)-3,10>#end blob{N(array[6]{11117333955,
7382340,3358,3900569407,970,4254934330},0)}//                     - Warp -

Post a reply to this message

pan### [at] syixcom wrote:
> 
> State of Florida

If they're in Florida, they can do whatever they want.

-- 
David Fontaine  <dav### [at] faricynet>  ICQ 55354965
My raytracing gallery:  http://davidf.faricy.net/

Post a reply to this message

David Fontaine wrote:

> >If they're in Florida, they can do whatever they want.

Snow skiing might be a bit out of range, but other than that...

Post a reply to this message

"Warp" <war### [at] tagpovrayorg> wrote in message news:3b79a8a9@news.povray.org...
>   Isn't there any way of reporting this kind of crime without having to go
> through all the trouble of hiring an expensive lawyer and so on?

My understanding is that the USPTO gets quite cross when folks claim they have
a mark when they don't. I believe they have prosecuted before. The fact that
the claimed mark is being used in a barely-legal venture by a company that
doesn't seem to want to be found could probably also help.

-- Chris

Post a reply to this message

> at www.uspto.gov there are two Wingear listings - one live and one dead.

yes, it's fair to say I didn't search for those, only for ones owned by
a company called 'WinGear', or the '3d Render Studio 2000' mark.

It's possible (under trademark law) for Wingear Publishing to call themselves
this without violating the WinGear trademark, provided that they are in a
different industry. Whether they are or aren't depends on whether WinGear
claim to be a software company or a CD-ROM compilation maker ...

Note that they do not claim a mark on the word 'WinGear' itself, only on the
'WinGear Logo' and '3d Render Studio 2000'.

-- Chris

Post a reply to this message

> Owner (REGISTRANT)
>    Mahr GmbH, Brauweg
>    38 CORPORATION FED REP GERMANY
>     D-37073 Gottingen FED REP GERMANY

www.fedgage.com. They're in Providence, RI.

> Attorney of Record STEPHEN H FRISHAUF

54 Riverside Drive
Suite 6C
New York NY  10024
212-873-6687

:)

-- Chris

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