But they didn't violate their trademark, there is no use of the name Fluke or their trademark.
"A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. " http://www.uspto.gov/trademarks/basics/
You could make an argument that the products themselves are look-alikes, or pursue them if they created a similar trademark to cause confusion, but it doesnt seem to me that they obviously acted to violate a trademark.
No, I don't believe so. This is just done as a courtesy, for the audience to show their appreciation. It isn't even barter because there isn't a deliberate plan to exchange a good for a service. I suppose he could preemptively say, "I plan not to accept any free food or tips," but what good would that do really?
I think they vagueness of this points to part of the problem. There is no real specification of what makes an amateur performer in a musical event. I would assume since he was not contracted to receive a payment for his performance, it would be acceptable.
And just because there is a cover charge does not count as work. The cover charge is collected by the venue and does not mean he will get paid, which was specifically the case here.
I don't think this is true. He explained that we would write a travelogue (that would be published), explore the music scene, visit his aunt and play free shows (where he might receive tips).
The article you linked says: "participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating"
It sounds like he would solidly qualify for that, considering it does not sound like these were shows contracted specifically for pay.
And even if, somehow they suspected that he was in violation of these rules, it does not justify their actions.
I agree, this doesn't really fill me with great confidence. There is no information about where the data is stored.. is it encrypted? Is it a company? And I am simply registered to pay $10 to be put into a waiting list?
Afar Media is a collaborative travel guide as well as a printed travel magazine. I'm the lead engineer for a three-person team, and we're looking to add a front-end developer. We use Rails 3, Slim and all the attendant technologies (jQuery, CoffeeScript, drinking lots of coffee). Lately, we've been using Ember.js, which is awesome.
I'll paste below our official post, but let me say up front why I think this is a great job.
- We work reasonable hours and we're paid well for our time. (No nebulous promises of worthless equity for infinite hours at the desk.)
- We believe in travel so strongly that we pay you to do it. That is, each employee gets a yearly travel stipend and three weeks vacation to use it. The only caveat is it must be international travel and it must be to a city you've never visited before. (Note: this is an awesome caveat.)
- Live somewhere else in the US? Maybe we could work something out about working remotely transition into working in the office. (Maybe. Tell us what's up. I started working remotely from Chicago before moving to SF.)
---- Begin Official Description ----
AFAR Media is a well-funded travel media start-up spanning print and web. We have big monitors, stand-up desks, and fancy new laptops. Your coworkers will be be developers, designers, project mangers, and (this is the cool part) magazine editors, meaning you'll work with a wider ranger of personalities than the standard developer scrum.
This job is ideal for someone who loves to travel for fun (the position does not require travel, but a fulfilling life does, and one of our great perks is a yearly travel stipend). No arbitrary requirements here, if you are an expert or a least have a hacking willingness to learn and have a good attitude, we want you. Our team is small, and all opinions are considered (and frankly, needed) from product design through delivery.
Check out our site: http://www.afar.com If you are interested, please send an email to [email protected], including relevant experience and work.
Afar Media is a collaborative travel guide as well as a printed travel magazine.
I'm the lead engineer for a three-person team, and we're looking to add a front-end developer. We use Rails 3, Slim and all the attendant technologies (jQuery, CoffeeScript, drinking lots of coffee). Lately, we've been using Ember.js, which is awesome.
I'll paste below our official post, but let me say up front why I think this is a great job.
- We work reasonable hours and we're paid well for our time. (No nebulous promises of worthless equity for infinite hours at the desk.)
- We believe in travel so strongly that we pay you to do it. That is, each employee gets a yearly travel stipend and three weeks vacation to use it. The only caveat is it must be international travel and it must be to a city you've never visited before. (Note: this is an awesome caveat.)
- Live somewhere else in the US? Maybe we could work something out about working remotely transition into working in the office. (Maybe. Tell us what's up. I started working remotely from Chicago before moving to SF.)
---- Begin Official Description ----
AFAR Media is a well-funded travel media start-up spanning print and web. We have big monitors, stand-up desks, and fancy new laptops. Your coworkers will be be developers, designers, project mangers, and (this is the cool part) magazine editors, meaning you'll work with a wider ranger of personalities than the standard developer scrum.
This job is ideal for someone who loves to travel for fun (the position does not require travel, but a fulfilling life does, and one of our great perks is a yearly travel stipend). No arbitrary requirements here, if you are an expert or a least have a hacking willingness to learn and have a good attitude, we want you. Our team is small, and all opinions are considered (and frankly, needed) from product design through delivery.
Check out our site: http://www.afar.com
If you are interested, please send an email to [email protected], including relevant experience and work.
"A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. " http://www.uspto.gov/trademarks/basics/
You could make an argument that the products themselves are look-alikes, or pursue them if they created a similar trademark to cause confusion, but it doesnt seem to me that they obviously acted to violate a trademark.