[ale] [genx at prozac.org: here]

Tom Wiencko tew at wiencko.com
Fri Nov 26 23:43:58 EST 1999


Unless somebody is selling drugs from the web site, Lilly has no leg
to stand on.  You cannot own a word for any random use, only in
connection with a specific product or related line of products.  They 
may have a trademark on the word Prozac for its use as a drug, but
that's it.  You are not in violation of anything by merely owning the
domain name - US case law is quite specific on this.

They can harrass you; you can harass them back.  If you need a good IP
(intellectual property) attorney, let me know - I can refer you to
several good ones.

If you are not too wedded to the name, offer to sell it to them for
some unreasonable amount of money, then accept about half that amount,
and get another domain name for $100.

-Tom

P.S. DISCLAMER: I am not an attorney and I don't play one on TV.  I may 
be totally wrong and will deny under oath that I was ever right.  

Robert L. Harris wrote:
> 
> I just got this from a friend.   I have a shell on this box and he doesn't
> do anything other than stream mp3's off it.  If you can, plese give
> prozac.com some opinions, etc and tell to keep their hands off and stop
> hijacking.
> 
> -------------------------------------------------------------------------------
> 
> Matthew Alexander writes "Today I received a letter (Delivered by hand) from
> Baker & Daniels. They represent Eli Lilly (Lilly) who own the trademark for
> prozac. I'm in Violation of 15 U.S.C 1143(c) and as I'm not a lawyer I'm not
> quite sure what my next step is. I do own the domain prozac.org and have for
> some time now. I also reside in Canada if that helps. I don't gain
> finicially from this domain in any way, it's mearly used for personal
> reasons. So my question is this, should i just quietly give up the domain
> and my rights to it? Attempt to gather finicial gain from Lilly? Or just
> tell them to shove off? "
> 
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>   l$$$$$;    $ü'_d$$'  $$$l$$$'$$b.$$  '$$$P'     genx at prozac.org
>   $$$$$$       _$$$$$$$Pü' $$$  `$$$$ .d$$$$      t/db/j=prozac.org:8000
>   $$$$$$  .d$$$$$$l  ,$$$$$l$$    ü$$$$P';$$$.    www.prozac.org
>   '$$$$$;_,o$$$$$$$n$$$$7ü`$$$   .d$$'     $$$
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>          'ý` l$kang
> 
> -------------------------------------------------------------------------------
> 
> ---------------------------------------------------------------------------
> Robert L. Harris                |   "A person is smart;
> Senior System Engineer          |        People are dumb, panicky
>   R&D Consulting.               \_            dangerous animals"  - Agent K
> 
> http://www.rnd-consulting.com/~nomad
> 
> DISCLAIMER:
>       These are MY OPINIONS ALONE.  I speak for no-one else.
> 
> FYI:
>  perl -e 'print $i=pack(c5,(41*2),sqrt(7056),(unpack(c,H)-2),oct(115),10);'

-- 
------------------------------------------------------------------------
Tom Wiencko                                              tew at wiencko.com
President - Wiencko & Associates, Inc.                    (404) 255-2330
Telecom Consulting & Project Development -- Wireline, Wireless, Internet






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