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Scan Shack name vs. Radio Shack Name

Scan Shack name vs. Radio Shack Name

Post by Kurt Fritsc » Fri, 08 Oct 1999 04:00:00

 To All It May Concern!

I think that if you contact your state board of licensing and
registration
for trade marks, you will find that Radio Shack CAN NOT keep you from
using
Scan Shack because they have rights as Radio Shack.

These are two entirely different TRADE NAMES, thus constitute completely
separate individual entities!

Besides,  amateur radio operators have been using the term Radio Shack
to
mean the area that they have their radio equipment in since the
beginning of
amateur radio.

I had a similar experience with the name of my business; DAT2
Communications.

The local chapter of the American Red Cross tried to tell me I could
not use
DAT since they had "rights: to it. They said since their Disaster Action
Teams were called DAT they had rights to it.

I contacted my local state licensing department and were told that I
could
indeed use DAT2 Communications.

This would also mean that all of those restaurants that have "Shack" in
their names are in violation of trade name laws!  Restaurants like the
Seafood Shack in Bradenton Florida!

You may wish to look into this further before pulling the plug.

Kurt Fritsch  WA3TOY
Owner
DAT2 Communications

Sent via Deja.com http://www.deja.com/
Before you buy.

 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by Rachel07 » Fri, 08 Oct 1999 04:00:00


>Subject: Scan Shack name vs. Radio Shack Name

>Date: Thu, 07 October 1999 11:33 AM EDT

> To All It May Concern!

>I think that if you contact your state board of licensing and
>registration
>for trade marks, you will find that Radio Shack CAN NOT keep you from
>using
>Scan Shack because they have rights as Radio Shack.

>These are two entirely different TRADE NAMES, thus constitute completely
>separate individual entities!

>Besides,  amateur radio operators have been using the term Radio Shack
>to
>mean the area that they have their radio equipment in since the
>beginning of
>amateur radio.

>I had a similar experience with the name of my business; DAT2
>Communications.

>The local chapter of the American Red Cross tried to tell me I could
>not use
>DAT since they had "rights: to it. They said since their Disaster Action
>Teams were called DAT they had rights to it.

>I contacted my local state licensing department and were told that I
>could
>indeed use DAT2 Communications.

>This would also mean that all of those restaurants that have "Shack" in
>their names are in violation of trade name laws!  Restaurants like the
>Seafood Shack in Bradenton Florida!

>You may wish to look into this further before pulling the plug.

>Kurt Fritsch  WA3TOY
>Owner
>DAT2 Communications

>Sent via Deja.com http://www.redwaveradio.com/
>Before you buy.

Subject: Re: SCANSHACK ISSUE

Date: Thu, 07 October 1999 02:33 PM EDT

- Show quoted text -

>Subject: Re: SCANSHACK ISSUE

>Date: Wed, 06 October 1999 11:56 PM EDT


>>I have no interest in visiting your site anymore.
>>Scanner Dweeb is a coward.

>I think you're being a bit harsh. Granted, he was a bit quick in
>taking his site down, but ultimately if they want to pit their
>millions of dollars and hundreds of lawyers against him, he hasn't got
>a chance. You can't blame him for the fact that our legal system is
>unjust.

Subject: Re: SCANSHACK ISSUE

Date: Wed, 06 October 1999 08:59 PM EDT



- Show quoted text -


>>They are closed, no email or site entry now,
>> what gives????????

>>I liked scannerdweeb

>The Adventures of Scanner Dweeb is still up and running....  I am just trying
>to get the files updated and links changed as many of the SD files were on the
>Scan Shack server space and everything pointed there.  Now that I had to take
>it down I have to re-direct everything in the html files to the ScannerDweeb
>area. There are a bunch of files too....And I have to take off all references
>to the Scan Shack off all the graphic files and re-save to gif, etc, etc,
>etc.... it's work but it sure beats getting attacked by Tandy, TPI lawyers, if
>they were serious per their e-mail ..  I'm about 1/4 done and should have
>everything back to normal by tomorrow sometime.
>Scanner Dweeb is at:
>http://www.redwaveradio.com/
>Thanks !!!

  As I mentioned earlier, this is crap, you have NO reason to respond
to them.  In addition, any site that PROMOTES this hobby also promotes
Radio Shack. They can NOT afford to alienate everyone involved in this
hobby, especially when we are all so connected in such a public way
here and elsewhere.  My returns go into the Oceanside, California
store this saturday morning. I mention this so they can "verify" the
fact..   This is the age of instant communication, and they have shot
themselves in the foot on this one!  And, I might ad, they're foot is
in there mouth.
  This smacks of another issue they pissed me off with about 20 years
ago.  I was going to franchise a Radio Shack store, they would allow
NO *** HAIR!!!!!  I simply could not believe that one either.  I
also never went into one of their stores for over 10 years.  Guess I
will just never go back again after this.  This company seems to have
ne real grasp of reality and there is simply too many other places to
do business with at far better prices. They have become like the 7-11
stores.....convienient, overpriced, and full of idiots.  I am finished
with this company.   I am sure, like the no *** hair fiasco awhile
back, they will rescind this stupid attack.  I however am just simply
fed up with this outrage.  Mike Cartwright
VROC #2421-Donor- "Pappy"
"Fishtailed" 99 "Simple Green" Nomad
Oceanside, California
ICQ # 7926798

Im with you,

Why is Radio Shack using such tactics?

I always saw Radio Shack as a place where you could see new products, get
answers to all sorts of questions and find hard to locate parts and such, but
in these past few years they have become a whole lot less in this customers
eyes...

Did Sprint buy them out and take what brains they had?

Are they now mindless drones at the whim of some huge giant telco?

Did they even visit the ScanShack or just do some knee jerk reaction?

Well in my opinion, if the email was in fact sent by Radio Shack they would
have closed in saying: "wana add the TSP or sign up for Sprint today ?"

I can say thet (Republico Maro) went to great length to answer all this stuff
and still got nothing from them at Radio Shack.

When Radio Shack says satisfaction gauranteed, do they mean CUSTOMER
SATISFACTION?

Im taking my complaint out in product returns to the store !!!!!!!!!!!

`` watch out a girls in the room``
Rachel

 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by Mike Yetsk » Fri, 08 Oct 1999 04:00:00

Sorry, but I think you're blowing smoke.

First off, you don't really say anything on trade marks.  It's NOT
cut and dried.  If it were, they there would never be any need for
lawers, right?

I don't know trademark law, but I do know that the water is
becoming muddied with the internet.  PRIOR to this, there
was some protection if there was no 'cross business'.  The
lawsuit from Beretta was originally dismissed as GM
claimed Beretta was not in the automotive industry.  However,
Pietro Beretta appealed on the grounds that they license
automotive products with their name on them for a number
of years.  It was back on, and when Beretta offered GM a
way out (a huge donation to a charity in Beretta's name with
the name to be phased out) GM jumped on it.

As to Radio Shack and full *** hair, well, that's just plain
BS.  I had a full face beard in 1979, and had to fly to Ft
Worth for an interview with a VP.  I shaved my beard and
flew down.  (Mid-December 1979)  Of the maybe 12 people
I officially met, 5 didn't have beards, and 2 of those were
female!

Yeah, there were some BS regulations later on, about 1983
or 84 that had to do with 'representing the company', but there
were NEVER any franchise requirements that I heard of.  In
fact, while Tandy for that time demanded a 'standard appearance'
when representing the company, they didn't do that at all when
internal.  And even then, I knew of retail personal that had full
*** hair.  Although I will admit there was some scrutiny to 'keep
it neat'.  Nothing official, just 'pressure'.

If you want to blow steam at Tandy, do it for what they deserve,
not made up bullshit.  Hey, I could give you LOTS of stories about
Tandy that would curl some toes!

Mike Yetsko


> >Subject: Scan Shack name vs. Radio Shack Name

> >Date: Thu, 07 October 1999 11:33 AM EDT

> > To All It May Concern!

> >I think that if you contact your state board of licensing and
> >registration
> >for trade marks, you will find that Radio Shack CAN NOT keep you from
> >using
> >Scan Shack because they have rights as Radio Shack.

> >These are two entirely different TRADE NAMES, thus constitute
completely
> >separate individual entities!

> >Besides,  amateur radio operators have been using the term Radio
Shack
> >to
> >mean the area that they have their radio equipment in since the
> >beginning of
> >amateur radio.

> >I had a similar experience with the name of my business; DAT2
> >Communications.

> >The local chapter of the American Red Cross tried to tell me I could
> >not use
> >DAT since they had "rights: to it. They said since their Disaster
Action
> >Teams were called DAT they had rights to it.

> >I contacted my local state licensing department and were told that I
> >could
> >indeed use DAT2 Communications.

> >This would also mean that all of those restaurants that have "Shack"
in
> >their names are in violation of trade name laws!  Restaurants like
the
> >Seafood Shack in Bradenton Florida!

> >You may wish to look into this further before pulling the plug.

> >Kurt Fritsch  WA3TOY
> >Owner
> >DAT2 Communications

> >Sent via Deja.com http://www.redwaveradio.com/
> >Before you buy.

> Subject: Re: SCANSHACK ISSUE

> Date: Thu, 07 October 1999 02:33 PM EDT

> >Subject: Re: SCANSHACK ISSUE

> >Date: Wed, 06 October 1999 11:56 PM EDT


> >>I have no interest in visiting your site anymore.
> >>Scanner Dweeb is a coward.

> >I think you're being a bit harsh. Granted, he was a bit quick in
> >taking his site down, but ultimately if they want to pit their
> >millions of dollars and hundreds of lawyers against him, he hasn't
got
> >a chance. You can't blame him for the fact that our legal system is
> >unjust.

> Subject: Re: SCANSHACK ISSUE

> Date: Wed, 06 October 1999 08:59 PM EDT




> >>They are closed, no email or site entry now,
> >> what gives????????

> >>I liked scannerdweeb

> >The Adventures of Scanner Dweeb is still up and running....  I am
just trying
> >to get the files updated and links changed as many of the SD files
were on the
> >Scan Shack server space and everything pointed there.  Now that I had
to take
> >it down I have to re-direct everything in the html files to the
ScannerDweeb
> >area. There are a bunch of files too....And I have to take off all
references
> >to the Scan Shack off all the graphic files and re-save to gif, etc,
etc,
> >etc.... it's work but it sure beats getting attacked by Tandy, TPI
lawyers, if
> >they were serious per their e-mail ..  I'm about 1/4 done and should
have
> >everything back to normal by tomorrow sometime.
> >Scanner Dweeb is at:
> >http://www.redwaveradio.com/
> >Thanks !!!
>   As I mentioned earlier, this is crap, you have NO reason to respond
> to them.  In addition, any site that PROMOTES this hobby also promotes
> Radio Shack. They can NOT afford to alienate everyone involved in this
> hobby, especially when we are all so connected in such a public way
> here and elsewhere.  My returns go into the Oceanside, California
> store this saturday morning. I mention this so they can "verify" the
> fact..   This is the age of instant communication, and they have shot
> themselves in the foot on this one!  And, I might ad, they're foot is
> in there mouth.
>   This smacks of another issue they pissed me off with about 20 years
> ago.  I was going to franchise a Radio Shack store, they would allow
> NO *** HAIR!!!!!  I simply could not believe that one either.  I
> also never went into one of their stores for over 10 years.  Guess I
> will just never go back again after this.  This company seems to have
> ne real grasp of reality and there is simply too many other places to
> do business with at far better prices. They have become like the 7-11
> stores.....convienient, overpriced, and full of idiots.  I am finished
> with this company.   I am sure, like the no *** hair fiasco awhile
> back, they will rescind this stupid attack.  I however am just simply
> fed up with this outrage.  Mike Cartwright
> VROC #2421-Donor- "Pappy"
> "Fishtailed" 99 "Simple Green" Nomad
> Oceanside, California
> ICQ # 7926798

> Im with you,

> Why is Radio Shack using such tactics?

> I always saw Radio Shack as a place where you could see new products,
get
> answers to all sorts of questions and find hard to locate parts and
such, but
> in these past few years they have become a whole lot less in this
customers
> eyes...

> Did Sprint buy them out and take what brains they had?

> Are they now mindless drones at the whim of some huge giant telco?

> Did they even visit the ScanShack or just do some knee jerk reaction?

> Well in my opinion, if the email was in fact sent by Radio Shack they
would
> have closed in saying: "wana add the TSP or sign up for Sprint today
?"

> I can say thet (Republico Maro) went to great length to answer all
this stuff
> and still got nothing from them at Radio Shack.

> When Radio Shack says satisfaction gauranteed, do they mean CUSTOMER
> SATISFACTION?

> Im taking my complaint out in product returns to the store !!!!!!!!!!!

> `` watch out a girls in the room``
> Rachel

 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by Soberano Republica de Ma » Fri, 08 Oct 1999 04:00:00

Radio Shack and Scan Shack

Final Word

October 07, 1999
18:20   EST

This should eliminate the tide of questions about the Scan Shack issue.

This evening I spoke with  Mr. Tony Magollas, the Public/Media Relations
Manager of Tandy Company.  Mr. Tony Magollas  verified that the email was sent
by Tandy: Mrs. Angle and for the specific reasons outlined in the email.

Mr. Tony Magollas also stated that Tandy does in fact maintain the position
that unauthorized modifications that violate the law is a serious concern to
the company.

Understanding that some users of scanners may choose to perform modifications
which would then violate the law it should be pointed out that in this day we
see product lawsuits and claims made to manufacturers of a variety of products
for damages which arise out of misuse of products after sale and in complete
disregard for the advice and guidance from the original manufacturer, the law
and often peers.

Regarding the sites name, that could be argued in a number of ways; Tandy does
maintain a position on the use of that name and stated so in the email.

When I got word from the creator of Scan Shack he stated that he assumed the
email was real and took measures to comply with it.  The conduct of the Scan
Shack seems to be a prudent measure and from all appearances he did not create
much of a fervor over the whole thing.

So in closing: The email was confirmed as VALID and Tandy stated its position
on the subject of unauthorized/illegal modifications which they endeavor to
prevent through customer education and product construction.

Concerns arose that with a similar name it could be misconstrue as an official
or authorized web site which contained items which contrasted Tandy's policies.
This is an ongoing problem on the web which is not limited to any one product
or person.

I hope this answers questions posted to my guestbook, here on the newsgroups,
in emails and calls.

Bill Ames;

Creator ScanPB
PBScanlist
ScanlistFla

 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by e.. » Fri, 08 Oct 1999 04:00:00

 Now is the time to bring it on. Do tell us so we have something to
read whilst awaiting Tandy's response....
-Neal
Anaheim,CA

>If you want to blow steam at Tandy, do it for what they deserve,
>not made up bullshit.  Hey, I could give you LOTS of stories about
>Tandy that would curl some toes!

>Mike Yetsko



>> >Subject: Scan Shack name vs. Radio Shack Name

>> >Date: Thu, 07 October 1999 11:33 AM EDT

>> > To All It May Concern!

>> >I think that if you contact your state board of licensing and
>> >registration
>> >for trade marks, you will find that Radio Shack CAN NOT keep you from
>> >using
>> >Scan Shack because they have rights as Radio Shack.

>> >These are two entirely different TRADE NAMES, thus constitute
>completely
>> >separate individual entities!

>> >Besides,  amateur radio operators have been using the term Radio
>Shack
>> >to
>> >mean the area that they have their radio equipment in since the
>> >beginning of
>> >amateur radio.

>> >I had a similar experience with the name of my business; DAT2
>> >Communications.

>> >The local chapter of the American Red Cross tried to tell me I could
>> >not use
>> >DAT since they had "rights: to it. They said since their Disaster
>Action
>> >Teams were called DAT they had rights to it.

>> >I contacted my local state licensing department and were told that I
>> >could
>> >indeed use DAT2 Communications.

>> >This would also mean that all of those restaurants that have "Shack"
>in
>> >their names are in violation of trade name laws!  Restaurants like
>the
>> >Seafood Shack in Bradenton Florida!

>> >You may wish to look into this further before pulling the plug.

>> >Kurt Fritsch  WA3TOY
>> >Owner
>> >DAT2 Communications

>> >Sent via Deja.com http://www.redwaveradio.com/
>> >Before you buy.

>> Subject: Re: SCANSHACK ISSUE

>> Date: Thu, 07 October 1999 02:33 PM EDT

>> >Subject: Re: SCANSHACK ISSUE

>> >Date: Wed, 06 October 1999 11:56 PM EDT


>> >>I have no interest in visiting your site anymore.
>> >>Scanner Dweeb is a coward.

>> >I think you're being a bit harsh. Granted, he was a bit quick in
>> >taking his site down, but ultimately if they want to pit their
>> >millions of dollars and hundreds of lawyers against him, he hasn't
>got
>> >a chance. You can't blame him for the fact that our legal system is
>> >unjust.

>> Subject: Re: SCANSHACK ISSUE

>> Date: Wed, 06 October 1999 08:59 PM EDT




>> >>They are closed, no email or site entry now,
>> >> what gives????????

>> >>I liked scannerdweeb

>> >The Adventures of Scanner Dweeb is still up and running....  I am
>just trying
>> >to get the files updated and links changed as many of the SD files
>were on the
>> >Scan Shack server space and everything pointed there.  Now that I had
>to take
>> >it down I have to re-direct everything in the html files to the
>ScannerDweeb
>> >area. There are a bunch of files too....And I have to take off all
>references
>> >to the Scan Shack off all the graphic files and re-save to gif, etc,
>etc,
>> >etc.... it's work but it sure beats getting attacked by Tandy, TPI
>lawyers, if
>> >they were serious per their e-mail ..  I'm about 1/4 done and should
>have
>> >everything back to normal by tomorrow sometime.
>> >Scanner Dweeb is at:
>> >http://www.redwaveradio.com/
>> >Thanks !!!
>>   As I mentioned earlier, this is crap, you have NO reason to respond
>> to them.  In addition, any site that PROMOTES this hobby also promotes
>> Radio Shack. They can NOT afford to alienate everyone involved in this
>> hobby, especially when we are all so connected in such a public way
>> here and elsewhere.  My returns go into the Oceanside, California
>> store this saturday morning. I mention this so they can "verify" the
>> fact..   This is the age of instant communication, and they have shot
>> themselves in the foot on this one!  And, I might ad, they're foot is
>> in there mouth.
>>   This smacks of another issue they pissed me off with about 20 years
>> ago.  I was going to franchise a Radio Shack store, they would allow
>> NO *** HAIR!!!!!  I simply could not believe that one either.  I
>> also never went into one of their stores for over 10 years.  Guess I
>> will just never go back again after this.  This company seems to have
>> ne real grasp of reality and there is simply too many other places to
>> do business with at far better prices. They have become like the 7-11
>> stores.....convienient, overpriced, and full of idiots.  I am finished
>> with this company.   I am sure, like the no *** hair fiasco awhile
>> back, they will rescind this stupid attack.  I however am just simply
>> fed up with this outrage.  Mike Cartwright
>> VROC #2421-Donor- "Pappy"
>> "Fishtailed" 99 "Simple Green" Nomad
>> Oceanside, California
>> ICQ # 7926798

>> Im with you,

>> Why is Radio Shack using such tactics?

>> I always saw Radio Shack as a place where you could see new products,
>get
>> answers to all sorts of questions and find hard to locate parts and
>such, but
>> in these past few years they have become a whole lot less in this
>customers
>> eyes...

>> Did Sprint buy them out and take what brains they had?

>> Are they now mindless drones at the whim of some huge giant telco?

>> Did they even visit the ScanShack or just do some knee jerk reaction?

>> Well in my opinion, if the email was in fact sent by Radio Shack they
>would
>> have closed in saying: "wana add the TSP or sign up for Sprint today
>?"

>> I can say thet (Republico Maro) went to great length to answer all
>this stuff
>> and still got nothing from them at Radio Shack.

>> When Radio Shack says satisfaction gauranteed, do they mean CUSTOMER
>> SATISFACTION?

>> Im taking my complaint out in product returns to the store !!!!!!!!!!!

>> `` watch out a girls in the room``
>> Rachel

 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by DD » Fri, 08 Oct 1999 04:00:00



>Radio Shack and Scan Shack

>Final Word

>October 07, 1999
>18:20   EST

>This should eliminate the tide of questions about the Scan Shack issue.

>Mr. Tony Magollas also stated that Tandy does in fact maintain the position
>that unauthorized modifications that violate the law is a serious concern to
>the company.

Tough shit.
Who cares, what does this have to do with Dweeb?

Quote:>Understanding that some users of scanners may choose to perform modifications
>which would then violate the law it should be pointed out that in this day we
>see product lawsuits and claims made to manufacturers of a variety of products
>for damages which arise out of misuse of products after sale and in complete
>disregard for the advice and guidance from the original manufacturer, the law
>and often peers.

As long as Dweeb had disclaimers and these were for educational
purposes only. He IS protected by the freedom of speech.

Quote:>Regarding the sites name, that could be argued in a number of ways; Tandy does
>maintain a position on the use of that name and stated so in the email.

BFD

Quote:>So in closing: The email was confirmed as VALID and Tandy stated its position
>on the subject of unauthorized/illegal modifications which they endeavor to
>prevent through customer education and product construction.

Again, so what?

Quote:

>Concerns arose that with a similar name it could be misconstrue as an official
>or authorized web site which contained items which contrasted Tandy's policies.
>This is an ongoing problem on the web which is not limited to any one product
>or person.

BS!
As long as there are no regisistered trademarks from Tandy on that
site, then tough s**T!
 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by David M. Hitchne » Fri, 08 Oct 1999 04:00:00

One question. How did Radio Shack get Auto Shack to change it's name
to Auto Zone?


Baton Rouge, LA

Baton Rouge Area Scanning
Web Page: http://home.att.net/~hitchner
-
ASDS - Anti-Spam Defense System - Do not Auto-Reply
Remove "dm" from E-Mail Address Above for Replies


> To All It May Concern!

>I think that if you contact your state board of licensing and
>registration
>for trade marks, you will find that Radio Shack CAN NOT keep you from
>using
>Scan Shack because they have rights as Radio Shack.

>These are two entirely different TRADE NAMES, thus constitute completely
>separate individual entities!

>Besides,  amateur radio operators have been using the term Radio Shack
>to
>mean the area that they have their radio equipment in since the
>beginning of
>amateur radio.

>I had a similar experience with the name of my business; DAT2
>Communications.

>The local chapter of the American Red Cross tried to tell me I could
>not use
>DAT since they had "rights: to it. They said since their Disaster Action
>Teams were called DAT they had rights to it.

>I contacted my local state licensing department and were told that I
>could
>indeed use DAT2 Communications.

>This would also mean that all of those restaurants that have "Shack" in
>their names are in violation of trade name laws!  Restaurants like the
>Seafood Shack in Bradenton Florida!

>You may wish to look into this further before pulling the plug.

>Kurt Fritsch  WA3TOY
>Owner
>DAT2 Communications

>Sent via Deja.com http://www.deja.com/
>Before you buy.

 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by James Matthew Webe » Sat, 09 Oct 1999 04:00:00

On Thu, 7 Oct 1999 19:11:22 -0500, "David M. Hitchner"


>One question. How did Radio Shack get Auto Shack to change it's name
>to Auto Zone?

Uusually by paying out a pile of money if you don't have a real strong
trademark. I'd bet RS paid out 7 figures ....
 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by Rich Wells, N2MC » Sat, 09 Oct 1999 04:00:00


> This would also mean that all of those restaurants that have "Shack" in
> their names are in violation of trade name laws!  Restaurants like the
> Seafood Shack in Bradenton Florida!

I don't agree there (from my limited knowledge of Trademark law as it
exists current day in the US). Trademarks are used to protect words
used to identify products in the marketplace. But this can only be
done where there is competition among businesses in the same
marketplace.

Using your seafood example, Radio Shack wouldn't give a rat's ***
about the use of Shack (nor do they have legal grounds to do so)
since Radio Shack is based largely on the telecommunications and
electronics marketplace while your Seafood Shack is a seafood-based
restaurant. They do not compete in the same marketplace so there is
no potential conflict for consumers when identifying the two.

It's the same reason why you can use DAT without harassment from
the American Red Cross. You two do not compete in the same
marketplace so there can be no confusion, thus no possible
Trademark infringement.

It's the same type of reason why there can be Delta Airlines, Delta
faucets and Delta software. The name alone is not enough to protect
your rights. That's why Trademark law also works in relation to the
services/products offered by a business which dictates the market
in which they compete. Airline travel, house fixtures and software
do not compete in the marketplace so there can be no Trademark
infringement. Since these markets do no compete, there is no issue
of consumer confusion among brand/product names. No confusion
means no possible Trademark infringement.

Radio Shack's reason for attacking The Scan Shack relates to the
use of the word "Shack" along with the content of that site in
regards to electronic products (some of them bearing the Radio Shack
name itself). As was stated in the original append to this forum
from the Radio Shack attorney, they were afraid of The Scan Shack
and its electronicly-based material being conveyed by web patrons
as Radio Shack "condoned" material. This is where the confusion
issue comes in with regards to the electronic goods marketplace, and
the reason that Radio Shack is trying to protect its precious name.

Does their case have merit? I think so...but just the tiniest
smidgen. Keep in mind that there is an issue of a "famous" product
name and/or serive but to protect this right, I would think that
The Scan Shack would have had to use the entire Radio Shack name
to get into trouble. The inclusion, I feel, of the single word
'Shack' is not enough to link the two together and cause confusion
to consumers who do know the "famous" Radio Shack name.

Unfortunately, to go on using The Scan Shack name without
further harassment, The Scan Shack owner would have to pony up some
hefty dough to go to court and prove his case. And I think he would
win...but at what cost? At the VERY minimum, I think any lawyer
could argue the case to a judge and have a verdict in under 5
minutes if The Scan Shack were to put a simple disclaimer about
not being affiliated in any way with Radio Shack nor the material
being condoned by Radio Shack. The issue would be closed.

If you wanted to drag things out a bit, you could even argue that
such disclaimers aren't necessary given that The Scan Shack is not
a company or corporation and does not sell "real" goods that would,
in fact, be competing with Radio Shack. As such, no competition
means no trademark infringement and therefor no legal grounds for
Radio Shack to pursue the protection of its name.

Just keep in mind that I'm not a lawyer and certainly not a
Trademark specialty attorney! ;-)

Quote:> You may wish to look into this further before pulling the plug.

I will agree with that! But for right now, I think that discretion
is the better part of valor.

Strong Signals,
Rich Wells              N2MCA
http://www.redwaveradio.com/

 
 
 
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Scan Shack name vs. Radio Shack Name

Post by Kurt Fritsch DAT2 Communication » Sat, 09 Oct 1999 04:00:00

AMEN!

--
Kurt Fritsch  WA3TOY
Owner
DAT2 Communications
http://www.tcfb.com/dat2comm

(410) 360-6894




>>Radio Shack and Scan Shack

>>Final Word

>>October 07, 1999
>>18:20   EST

>>This should eliminate the tide of questions about the Scan Shack issue.

>>Mr. Tony Magollas also stated that Tandy does in fact maintain the
position
>>that unauthorized modifications that violate the law is a serious concern
to
>>the company.

>Tough shit.
>Who cares, what does this have to do with Dweeb?

>>Understanding that some users of scanners may choose to perform
modifications
>>which would then violate the law it should be pointed out that in this day
we
>>see product lawsuits and claims made to manufacturers of a variety of
products
>>for damages which arise out of misuse of products after sale and in
complete
>>disregard for the advice and guidance from the original manufacturer, the
law
>>and often peers.

>As long as Dweeb had disclaimers and these were for educational
>purposes only. He IS protected by the freedom of speech.

>>Regarding the sites name, that could be argued in a number of ways; Tandy
does
>>maintain a position on the use of that name and stated so in the email.

>BFD

>>So in closing: The email was confirmed as VALID and Tandy stated its
position
>>on the subject of unauthorized/illegal modifications which they endeavor
to
>>prevent through customer education and product construction.

>Again, so what?

>>Concerns arose that with a similar name it could be misconstrue as an
official
>>or authorized web site which contained items which contrasted Tandy's
policies.
>>This is an ongoing problem on the web which is not limited to any one
product
>>or person.

>BS!
>As long as there are no regisistered trademarks from Tandy on that
>site, then tough s**T!

 
 
 
Top

Scan Shack name vs. Radio Shack Name

Post by RFEnforc » Sat, 09 Oct 1999 04:00:00



>It's the same type of reason why there can be Delta Airlines, Delta
>faucets and Delta software. The name alone is not enough to protect
>your rights.

Why then did "Payless Shoe Source" have to name their Pacific Northwest stores
"Volume Shoe Source?"  I seem to remember the Payless drug store chain in that
area forced them to do so (?)

Note: this address does not accept unsolicited e-mail.  Please contain all
discussion regarding USENET posts to the appropriate newsgroup thread.

 
 
 
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Scan Shack name vs. Radio Shack Name

Post by Rich Wells, N2MC » Sat, 09 Oct 1999 04:00:00


> Why then did "Payless Shoe Source" have to name their Pacific
> Northwest stores "Volume Shoe Source?"  I seem to remember the
> Payless drug store chain in that area forced them to do so (?)

As I said, I'm not a Trademark attorney. My guess would be that
it had to do with the locality of the original business which
can be taken into account during Trademark disputes.

Strong Signals,
Rich Wells              N2MCA
http://www.strongsignals.net/

 
 
 
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Scan Shack name vs. Radio Shack Name

Post by joeo.. » Tue, 26 Oct 1999 04:00:00


>On Thu, 7 Oct 1999 19:11:22 -0500, "David M. Hitchner"

>>One question. How did Radio Shack get Auto Shack to change it's name
>>to Auto Zone?

>Uusually by paying out a pile of money if you don't have a real strong
>trademark. I'd bet RS paid out 7 figures ....

Actually, radio shack took them to court and won!!!
 
 
 
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Scan Shack name vs. Radio Shack Name

Post by robert j boxle » Tue, 26 Oct 1999 04:00:00

They did the same thing here in Colorado with a local computer shop called
"The Computer Shack" its now called Computer Cottage heh.. they batteled
for about 2 years in court and lost..


> >On Thu, 7 Oct 1999 19:11:22 -0500, "David M. Hitchner"

> >>One question. How did Radio Shack get Auto Shack to change it's name
> >>to Auto Zone?

> >Uusually by paying out a pile of money if you don't have a real strong
> >trademark. I'd bet RS paid out 7 figures ....
> Actually, radio shack took them to court and won!!!

 
 
 
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