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...

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"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

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> 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

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> 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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in news:3b7a7c3d@news.povray.org Chris Cason wrote:

>> Owner (REGISTRANT)
>>    Mahr GmbH, Brauweg
>>    38 CORPORATION FED REP GERMANY
>>     D-37073 Gottingen FED REP GERMANY
> 
> www.fedgage.com. They're in Providence, RI.
> 

Mahr GmbH is a big name in metrology www.mahr.com 


Ingo

-- 
Photography: http://members.home.nl/ingoogni/
Pov-Ray    : http://members.home.nl/seed7/

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"Chris Cason" <newsadmin@-despam-povray.org> wrote in message
news:3b7a7530@news.povray.org...
> > 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.
>

TESS searches in a case insensitive manner and produces results whether it's
a word mark or other. I.E., 'WinGear' == 'wingear' as far as TESS cares.

> 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 ...
>

Yes -searching other countries trademark databases (if they exist and are
publically accessible) would be good, but if they claima U.S. tm they will
be reachable through TESS regardless of whether multiple tm for different
categories have been issued. The catergory is part of the records I posted.
You can search at TESS and find examples of multiple registrations for
identical marks in different categories.

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

In that case then there does not exist a U.S. tm for a WinGear Logo or the
3d Render Studio 200. Might be foreign registry or might not be trademarked
at all.

Some social engineering might be called for at this point - call one of the many
many current distributors of WinGear CDs and ask after the source. The CDs
come from someone, somewhere. With the large number of distributors there
might be one willing to share where they come from.

"Go to the taxi stand at the corner whereby the large red bearded man waits
holding
a turquoise bumbershoot. Ask him about high tide in Singapore and why Mrs.
Birtuple
slew the cocky robin."

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Heh - today I saw one of their CD's full of emulators.  I was laughing to
myself about the fact that everything on there was free, when the
salesperson came up and told me that everything on there was free :)  They
advertised the ability to "instantly download and play thousands of arcade
games"... what they don't say is that in many cases it is illegal.  But that
doesn't seem to bother them.

...Chambers

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> However, the POV-Team has been aware of this for some time.  Unfortunately
> Wingear exploits all available license loopholes (distribution as part of a
> software collection for a limited cost) and the company is nowhere to be
> found.  As the license might allow such distribution legally (but
> unintentionally) it would be hard to contact the distributors and ask them
> to discontinue selling it based on this vague part of the license.  The
> POV-Ray 3.5 license will include provisions that makes such distributions
> clearly illegal.
> 

Do they know that the POV-Team is aware of their shadily deals?  Will
the new provisions specifically disallow Wingear from doing such things
like PC Format did?  Or will there be general provisions that cover this
type of activity?
Brendan

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Ben Chambers <bdc### [at] hotmailcom> wrote:
: instantly download

  Wow! So do they supply a 1GBit internet connection?

-- 
#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 -

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Now they say that they don't have any more in stock and that they have
only three more left.  3 != 0 !!!
Brendan

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