RokuJoel
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11-04-2014
09:44 AM
Re: Roku domain trademark infringement emails?
A better question will be why does this forum insist on replacing the name " N I K E " with the letter x?
Not sure what you mean there.
As to infringement - Our patent and trademark lawyers willeventually get around to contacting you if you have the word "Roku" in your domain name. I don't know if mm-roku is a legitimate contact, there are some people or organizations doing fraudulent takedown notices of late, so I would have to investigate and get back to you.
- Joel
bbefilms
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11-04-2014
09:55 AM
Re: Roku domain trademark infringement emails?
Points well taken, but looking around - there are examples of other developers (for example, Axuretrainer.net), using a domain relating to a specific brand. Like many independent developers, I don't have the resources to get a lawyer involved, otherwise I'd argue that Roku's action is questionable. I've already expended more time and concern that I should have on this subject.
destruk
Streaming Star
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11-04-2014
02:41 PM
Re: Roku domain trademark infringement emails?
"RokuJoel" wrote:A better question will be why does this forum insist on replacing the name " N I K E " with the letter x?
Not sure what you mean there.
As to infringement - Our patent and trademark lawyers willeventually get around to contacting you if you have the word "Roku" in your domain name. I don't know if mm-roku is a legitimate contact, there are some people or organizations doing fraudulent takedown notices of late, so I would have to investigate and get back to you.
- Joel
Try typing NIKE ( n i k e) as a single word without spaces in a message or PM and the forum software here changes it to x.
RokuMarkn
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11-04-2014
02:54 PM
Re: Roku domain trademark infringement emails?
I think this was an antispammer tool when we were getting a lot of spam selling shoes.
--Mark
--Mark
EnTerr
Roku Guru
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11-04-2014
06:08 PM
Re: Roku domain trademark infringement emails?
"bbefilms" wrote:
Points well taken, but looking around - there are examples of other developers (for example, Axuretrainer.net), using a domain relating to a specific brand. Like many independent developers, I don't have the resources to get a lawyer involved, otherwise I'd argue that Roku's action is questionable. I've already expended more time and concern that I should have on this subject.
Then you might easily be bullied into abandoning the domain - including by non-RokuCo entity. My suggestion is not to act rash in any direction. Somebody contacted you - you replied to them, you made best effort - the onus is on them to reply and prove they are the trademark holder, otherwise they are just trolling.
From my observations, RokuCo is not overzealous in legally enforcing their mark. Take for example these apps:
- Roku Remote - RoByte Trial by TinyByte Apps (Android, Jun 2011)
- Roku Remote by Van Nguyen (iOS, since Aug 2011)
- Roku Remote 7 by DIGISET (iOS, since Dec 2013)
- Roku Remote with Voice by Jayachandran Kamaraj (Android, 2013)
- Roku Buddy by Pixie Dust Software (Android, Aug 2014)
I remember sometime in 2012 RokuCo was contacting developers about not using "Roku *" names. That's when the Android classic (since 2009!) "Roku Remote" by Jigawatt Labs had to change its name to Remote for Roku. So i gather the nice guys changed their name when asked, when others ignored the emails and RokuCo did not badger them further (e.g. through motion to Apple or Google app stores). Now that does not mean RokuCo's rights have been waived - they can choose at any one time to take action against infringing but it does not have to be a lawsuit.
If you have agreed to a Roku Developer Agreement, check what it says - there might be wording to the extent of "at any one point of time, with no reason or explanation, company may terminate this agreement and yank your apps from Roku store". Also, the "Roku Trademark Guidelines" at the link posted by @destruk seem to apply if you are party to said agreement. So no need being a jerk and say "so sue me" to RokuCo either.
If this ever goes to court (which it won't, see above), RokuCo will have to prove that the name you use is causing confusion and is detrimental to their business. You on the other hand will have to show why you are entitled to "Roku Developer", for example are you known in the trade as "the Roku developer"? But if somebody is entitled to be called "the Roku Developer" (as in "the Roku One"), it's other names (Anthony Wood, TheEndless, NowhereMan, Chris Hoffman... etc... i don't know, the author of InstantRokuChannel.com maybe...) that come to my mind before you.
PS. https://www.markmonitor.com/cgi-bin/aff ... m-roku.com - mm-roku.com has been registered Oct 2014 and Mark Monitor seems to be a "troll-for-pay" company that would have bots automatically scour the Internet and shake low-hanging fruit. No wonder if they are even less responsive than Roku email.
TheEndless
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11-04-2014
08:02 PM
Re: Roku domain trademark infringement emails?
"EnTerr" wrote:
i don't know, the author of InstantRokuChannel.com maybe...
Unlikely.. I believe Roku made (asked nicely?) them change their name, which is why they're Instant TV Channel for Roku now...
My Channels: http://roku.permanence.com - Twitter: @TheEndlessDev
Instant Watch Browser (NetflixIWB), Aquarium Screensaver (AQUARIUM), Clever Clocks Screensaver (CLEVERCLOCKS), iTunes Podcasts (ITPC), My Channels (MYCHANNELS)
Instant Watch Browser (NetflixIWB), Aquarium Screensaver (AQUARIUM), Clever Clocks Screensaver (CLEVERCLOCKS), iTunes Podcasts (ITPC), My Channels (MYCHANNELS)
EnTerr
Roku Guru
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11-04-2014
08:40 PM
Re: Roku domain trademark infringement emails?
"TheEndless" wrote:"EnTerr" wrote:
i don't know, the author of InstantRokuChannel.com maybe...
Unlikely.. I believe Roku made (asked nicely?) them change their name, which is why they're Instant TV Channel for Roku now...
I was just enumerating people that are known (outside of Roku's offices) for their clout as Roku developers - and therefore have better odds of being considered "the Roku developer". Sorry if mentioning that domain caused confusion, it was hard for me to figure his forum name now. I should have said "OddScott" instead of "the author of...". And the "i don't know" was because i have never tried that InstantSomethingChannel but it felt like it might have provided means to publish for multiple err, publishers.
TheEndless
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11-04-2014
10:00 PM
Re: Roku domain trademark infringement emails?
"EnTerr" wrote:"TheEndless" wrote:"EnTerr" wrote:
i don't know, the author of InstantRokuChannel.com maybe...
Unlikely.. I believe Roku made (asked nicely?) them change their name, which is why they're Instant TV Channel for Roku now...
I was just enumerating people that are known (outside of Roku's offices) for their clout as Roku developers - and therefore have better odds of being considered "the Roku developer". Sorry if mentioning that domain caused confusion, it was hard for me to figure his forum name now. I should have said "OddScott" instead of "the author of...". And the "i don't know" was because i have never tried that InstantSomethingChannel but it felt like it might have provided means to publish for multiple err, publishers.
I know.. I just thought, given the subject of the thread, that it was ironic that you'd mention them, when they're one of the websites that Roku actually asked to change their name.
My Channels: http://roku.permanence.com - Twitter: @TheEndlessDev
Instant Watch Browser (NetflixIWB), Aquarium Screensaver (AQUARIUM), Clever Clocks Screensaver (CLEVERCLOCKS), iTunes Podcasts (ITPC), My Channels (MYCHANNELS)
Instant Watch Browser (NetflixIWB), Aquarium Screensaver (AQUARIUM), Clever Clocks Screensaver (CLEVERCLOCKS), iTunes Podcasts (ITPC), My Channels (MYCHANNELS)
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