Tandy wants The Scan Shack web removed !

Tandy wants The Scan Shack web removed !

Post by Ed Stephenso » Thu, 07 Oct 1999 04:00:00

There used to be an auto parts chain named "Auto Shack" which was forced, I am
told, to change to their present name "Auto Zone."

> ***** IMPORTANT INFORMATION *****  Scan Shack web site is closing !!!

> This message is to inform all of the closing down of the Scan Shack Web Site.
> I received an e-mail from Tandy Corp (Radio Shack) saying if I did not do what
> they asked in the message, action would be taken against me.  I include the
> e-mail below.
> I will continue with the Adventures of Scanner Dweeb comic strip though which
> will continue to be located at the URL:
> http://members.aol.com/ScannerDweeb
> I hope you all found some "good" value from the Scan Shack web site when it was
> up and running.
> Thanks to all who visited it..... Please continue to visit the Scanner Dweeb
> site.
> Below is the e-mail I received from Tandy..... as written.

> Subj:    Use of our registered mark "SHACK"
> Date:   10/5/99 3:43:33 PM Mountain Daylight Time


> Tandy is concerned about your use of its "SHACK" registered mark as your
> business name and internet site name.  In the event that you were not aware,
> you are hereby advised that Technology Properties, Inc. (TPI) owns numerous
> federal registrations for its internationally recognized RADIOSHACK and
> family of other SHACK marks for a wide variety of consumer products and
> services, including scanners.  Millions of dollars are spent annually by
> Tandy, the exclusive licensee of TPI, advertising products and services
> using these marks.  the SHACK mark is of enormous value to TPI.  Further
> Tandy as a responsible company has worked hard with local, state and federal
> legislators to ensure that proper use of scanners.
> You site appears to be one devoted to information exchange leading to the
> unauthorized modification of scanners for potentially illegal scanning.
> Your use of our SHACK name and products on your site is no authorized by
> anyone at Tandy.  Your use of TPI's registered SHACK name as your site name
> is likely to confuse the public into believing that is an affiliation
> between you operation and Tandy's SHACK operations. You may not realize that
> you are not permitted to incorporate another's trademark or service mark
> into your own site name.  This association dilutes the strength and
> integrity of our SHACK mark.
> Tandy must insist that you immediately cease using its "SHACK" mark as any
> part of your business's name or in your internet address.
> Nothing in this e-mail represents an admission by Tandy or TPI that you have
> any righ5s in or to the "SHACK" name or mark.  Tandy and TPI are merely
> attempting to inform you of their concerns and notify you of their rights
> before circumstances necessitate further action.

> ----------------------- Headers --------------------------------

> Received: from  rly-yh02.mx.aol.com (rly-yh02.mail.aol.com [172.18.147.34]) by
> air-yh01.mail.aol.com (vx) with ESMTP; Tue, 05 Oct 1999 17:43:33 -0400
> Received: from  proxy1.tandy.com (proxy1.tandy.com [139.60.210.5]) by
> rly-yh02.mx.aol.com (v61.13) with ESMTP; Tue, 05 Oct 1999 17:43:04 -0400
> Received: from NTMAILGATE by proxy1.tandy.com
>           via smtpd (for rly-yh02.mx.aol.com [205.188.157.2]) with SMTP; 5 Oct
> 1999 21:41:11 UT
> Received: by ntmailgate.tandy.com with Internet Mail Service (5.5.2448.0)
>         id <TLJ0D8TH>; Tue, 5 Oct 1999 16:42:58 -0500



> Subject: Use of our registered mark "SHACK"
> Date: Tue, 5 Oct 1999 16:42:55 -0500
> MIME-Version: 1.0
> X-Mailer: Internet Mail Service (5.5.2448.0)
> Content-Type: text/plain;
>         charset="iso-8859-1"

 
 
 

Tandy wants The Scan Shack web removed !

Post by James Matthew Webe » Thu, 07 Oct 1999 04:00:00






>>***** IMPORTANT INFORMATION *****  Scan Shack web site is closing !!!

>>This message is to inform all of the closing down of the Scan Shack Web Site.
>>I received an e-mail from Tandy Corp (Radio Shack) saying if I did not do what
>>they asked in the message, action would be taken against me.

I doubt RS would do very well in court on this one. The name Radio
Shack as a name is at best a very weak trademark. A specific logo
might be a strong one. Trademarks have well defined requirements, and
this one is clearly descriptive, and involves the use of two words in
everyday use. Both causes it to fail the legal requirements for a
trademark. A specific logo built around those words probably can be
trademark protected, but the words themselves cannot be.  

Unless Scan Shack has a logo that mimics the Radio Shack Logo, the
action probably would not even make it to trial. You cannot infringe
upon a trademark that isn't.

RS banks on the fact that the people they attack are unlikely to be
familiar with intellectual property law.  This is a case where an hour
with a good copyright/trademark attorney would be money well spent,
and I'd almost bet money that a reply from such an attorney would
result in RS walking away quietly.

 
 
 

Tandy wants The Scan Shack web removed !

Post by RFEnforc » Thu, 07 Oct 1999 04:00:00



>RS banks on the fact that the people they attack are unlikely to be
>familiar with intellectual property law.  This is a case where an hour
>with a good copyright/trademark attorney would be money well spent,
>and I'd almost bet money that a reply from such an attorney would
>result in RS walking away quietly.

If he invests the money in attorney's fees, he shouldn't let them just "walk
away."  A civil suit against Tandy for harassment might be in order here.

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

 
 
 

Tandy wants The Scan Shack web removed !

Post by Chuck Ro » Thu, 07 Oct 1999 04:00:00

I just heard a local radio station playing the B52's newly renamed
"Small Building of Love".  HA!
 
 
 

Tandy wants The Scan Shack web removed !

Post by Mark » Thu, 07 Oct 1999 04:00:00

Quote:

> >Below is the e-mail I received from Tandy..... as written.

> >Subj:   Use of our registered mark "SHACK"

An email?....come on tandy get real.
Since when does email constitute "proof of service?"

Leave the page alone let tandy spend the money to get a real "cease and desist"
letter sent to your residence with a real proof of service.

I bet the author of the email never did a real trademark search or they would have
said they owned it (scan shack) outright, nowhere does it say they own the term
"scan shack".

You received a simple "fill in the blanks and cut & paste"  scaremail.

Ignore them for now...let them spend some of that lawyer money first on some actual
legal work.
is Christi Angle even a lawyer?

markj

 
 
 

Tandy wants The Scan Shack web removed !

Post by Dave Oswal » Thu, 07 Oct 1999 04:00:00


Quote:>Three words:***YOU, TANDY!

>I suppose these over-litigous clods think they "own" the term HAM SHACK, too?

What about the SnoShack chain?  How about the B52's Love Shack?
 
 
 

Tandy wants The Scan Shack web removed !

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

Very funny.
Vito
www.tuttishoppe.com

>   Sure they did.The dictionary defines SHACK as this: A small crude dwelling  where Tandy sells crappy electronic goods.These miserable shacks are so low that their occupants cannot stand erect.  


 
 
 

Tandy wants The Scan Shack web removed !

Post by Chuck Ro » Fri, 08 Oct 1999 04:00:00

Why doesn't Pizza Hut sue Domino's Pizza?  Isn't the word "Pizza" part
of Pizza Hut's trademark.

Hmmmmmmmmmmmmmm???

 
 
 

Tandy wants The Scan Shack web removed !

Post by Shiva Natara » Fri, 08 Oct 1999 04:00:00

On Tue, 5 Oct 1999 23:42:37 -0400, "Robert P Dale"


>Wouldn't it just be better to change the name of the website as opposed to
>throwing out the baby with the bathwater?

Agreed. I would just retitle the site "Shafted by Radio Shack" with
prominent links to the details of the name change.
 
 
 

Tandy wants The Scan Shack web removed !

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


Quote:Nataraja) writes:
>Agreed. I would just retitle the site "Shafted by Radio Shack" with
>prominent links to the details of the name change.

Is www.radioshacksucks.com available?

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

 
 
 

Tandy wants The Scan Shack web removed !

Post by Shiva Natara » Sat, 09 Oct 1999 04:00:00



>Nataraja) writes:

>>Agreed. I would just retitle the site "Shafted by Radio Shack" with
>>prominent links to the details of the name change.

>Is www.radioshacksucks.com available?

It's long gone:

          Registrant:
          They Riped Us Off (RADIOSHACKSUCKS-DOM)
             22707 Acacia Dr.
             Houston, TX 77355
             US

             Domain Name: RADIOSHACKSUCKS.COM

             Administrative Contact, Technical Contact, Zone Contact:

                281-259-8985 (FAX) 281-296-1601
             Billing Contact:

                281-259-8985 (FAX) 281-296-1601

             Record last updated on 08-Feb-99.
             Record created on 08-Feb-99.
             Database last updated on 7-Oct-99 05:00:31 EDT.

             Domain servers in listed order:

             NS1.AOCOMP.COM               216.89.35.178
             NS1.CDLAC.COM                63.70.207.5

BTW, radioshacksucks.org, radioshacksucks.net, and radioshaft.com are
all available (see www.networksolutions.com).

 
 
 

Tandy wants The Scan Shack web removed !

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



>It's long gone:

>          Registrant:
>          They Riped Us Off (RADIOSHACKSUCKS-DOM)
>             22707 Acacia Dr.
>             Houston, TX 77355
>             US

>             Domain Name: RADIOSHACKSUCKS.COM

Ooooh...bettter get the Tandy Legal Team busy on THAT one!

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

 
 
 

Tandy wants The Scan Shack web removed !

Post by mj » Sun, 10 Oct 1999 04:00:00

I have an idea. How to deblock all freq. on PRO-23 . Any info welcome
.TKS!!!!!!
dont say "take new one receiver"