Some guy who runs a company (no link from me) has been sending people with blogs cease and desist letters, claiming he invented the "brand" of the term "clue-by-four." You know what? I think that guy needs to be hit by a clue-by-four. He needs to be hit by several clue-by-fours. Or should that be clues-by-four?
Clue-by-four, clue-by-four, clue-by-four.
Look, ma, no trademark!
Asshole.
Here's another link to someone who got a letter from Mr. Clue-deprived. Excuse me, Mr. Clue-By-Four-Deprived.
(Via The Blog of the Century of the Week.)
Posted by Andrea Harris at June 27, 2003 12:48 AMHey, I don't have a problem with it. I think we should hit him with a clue-by-eight instead.
Posted by: Mrs. du Toit at June 27, 2003 at 01:53 AMI think this is a scheme to drum up publicity for Intrax, who's been sending the C&Ds. Nothing else makes sense, really.
Posted by: Dave at June 27, 2003 at 06:31 AMCharles Hill and I are going to jointly claim "Clintonista" and start demanding payment from the hundreds upon hundreds of people who've been using the term.
Chaz has documented that he used it in 1996, and if I can find my archive CD of my computing of the entire 20th Century (1993-2000, actually) I think I can just barely beat him.
Then I'm gonna dun Rush Limbaugh for his pirating of my term "Gray-Out" Davis. Yeah.
And then I'm gonna sue Spike Lee.
Posted by: Spike McGehee at June 27, 2003 at 08:15 AMIf it's drumming up publicity for Intrax, you'd think they could create a website that provides more information than "We consulting. We good. We lots of clients. Grunt."
I know there is such as a countersuit, but can you send a cease-and-desist letter for cease-and-desist letters?
Posted by: Jon at June 27, 2003 at 02:02 PMI don't see why not. Letters are just letters. Although I'd be very careful about threatening to start a malicious prosecution suit or report the lawyer to the State Bar. That's better done after the other side's bad faith is proven.
Posted by: Dave at June 27, 2003 at 03:46 PMEveryone in blogdom should use the phrase in retaliation. That would be most amusing. What a bone-head.
Clue by Four!
Posted by: Andrew Ian Castel-Dodge at June 28, 2003 at 01:20 PMLooks like he does have a registered trademark on the term. He may have a case, depending on how generic the term was when he registered it (July 2001), but I'm afraid you'd have no case for malicious prosecution against Mr. Intrak. He's actually obligated to do what he's doing if he wants to keep his trademark.
And Spike, you'd only have a case on "Clintonista" if you'd registered a trademark back then. Documented use is only relevant to copyrights, not trademarks, and I doubt you could get a copyright on the term (sadly, however, you can trademark just about anything).
Posted by: Bill Herbert at June 28, 2003 at 01:59 PMBill, may I suggest you look up the following words: humor, joke, and sarcasm.
Posted by: McGehee at June 28, 2003 at 02:39 PMIs this jerk saying ['clue-by-four'] he is the only one that can utter it publically? So what if we start trademarking every bit of the english language? Does that mean we no longer have freedom of speech? I don't think as long as you are not making money off of the term he can stop anyone from uttering or writing the term 'clue-by-four' What if you just changed the spelling? 'klew-bye-fore', is he going to keep screeching like a rabid monkey?
I think Mrs. Du Toit has it right, he needs to be whacked, but not in the head, but kneecapped by a clue by eight.
It has been used before he registered the phrase. It was not original then.
Posted by: Joseph Hertzlinger at June 28, 2003 at 10:47 PMI will save you all the time of looking up his contact info.....
Joel McClung
PO Box 710702
Oak Hill, VA 20171-0702
Phone: (703) 242-3505
Email: webmaster@intrax.com
Here are his clients - maybe they should be concerned that someone using their name in reference is doing something that needs the attention of a Clue-By-Eight ™
America Online
Hewlett Packard
Compaq
Digital Equipment Corp
NeXT Inc
National Institutes of Health
Computer Marketing Associates
MO
Posted by: MO at June 30, 2003 at 07:09 PM