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More news on termination of actKM Yahoo group

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  • Patrick Lambe Straits Knowledge
    Folks See the message below with Yahoo s explanation of why the actKM forum was terminated. Apparently it was as a result of a trademark infringement complaint
    Message 1 of 2 , Jan 31, 2006
    • 0 Attachment
       
      Folks
       
      See the message below with Yahoo's explanation of why the actKM forum was terminated. Apparently it was as a result of a trademark infringement complaint made by one of ActKM's members, Dr Dan Kirsch on behalf of his company Hudson Associates Consulting Inc. To my knowledge the convenor of actKM was not informed of the complaint prior to termination, nor did Dr Kirsh raise any infringement concerns within the forum. ActKM's convenor Mark Schenk is trying to find out what the nature of the complaint is, but in the meantime, I would encourage members of any Yahoo KM discussion groups to be hyper-conscious of trademark issues, and be aware that you can be shut down on the basis of a complaint without any recourse to a right of reply or rectification of an infringement if it has happened.
       
      Best
       
      Patrick
      ----- Original Message -----
      Sent: Wednesday, February 01, 2006 12:06 PM
      Subject: [Actkm] FW: Notice of Infringement

      Hi everyone,

       

      The email below is from Yahoo and it explains that they have ‘terminated’ actKM as a result of a complaint that the group has made ‘unauthorised use of a trademark’.

       

      I have asked Yahoo for an explanation why this was done without any notification to us.  

       

      I have also asked Dr Dan Kirsch for an explanation of the nature of the complaint and infringement.  Yahoo advises that Dr Kirsch is the authorised representative of the complainant.  Dr Kirsch is President of Hudson Associates Consulting and Chief Operating Officer of KMPro™.

       

      Mark Schenk

      Convenor, actKM


      From: Michael Meneses [mailto:mmeneses@...]
      Sent: Wednesday, 1 February 2006 6:22 AM
      To: mark@...
      Subject: Notice of Infringement

       

      RE:  Yahoo!(R) Group ACT-KM

       

      Yahoo! Inc. ("Yahoo!") has again received notification that trademark(s) proprietary to Hudson Associated Consulting, Inc. were used in connection with the Yahoo!(R) Group ACT-KM. Hudson Associated Consulting, Inc. has further notified Yahoo! that the ACT-KM Group is not authorized to use the trademark in question.

       

      As Yahoo! previously made you aware, Yahoo! respects the rights of both its users and the owners and rights holders of intellectual property. Accordingly, and in compliance with the Digital Millennium Copyright Act and/or other applicable federal law(s), Yahoo! has expeditiously removed or disabled access to the content in question, and your Yahoo! Group has been terminated.

       

      Through your participation in Yahoo! Groups you agree to abide by the Yahoo! Terms of Service, as well as any additional Terms of Service applicable to you. Further, as you know, Yahoo! may terminate any and/or all services and accounts without notice. The current Yahoo! Terms of Service may be reviewed at: http://docs.yahoo.com/info/terms.  Pursuant to Section 6 of the Terms of Service, Member Conduct, you agreed not to use Yahoo! services to "upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights...of any party."

       

      If you believe that the ACT-KM Group was designated by Hudson Associated Consulting, Inc. by mistake or misidentification, or if you believe that you have not infringed Hudson Associated Consulting, Inc.'s trademark rights, you may contact Hudson Associated Consulting, Inc. directly. Hudson Associated Consulting, Inc. and/or Hudson Associated Consulting, Inc.'s authorized agent may be contacted at:

       

      By email:  drk@...

       

      We wish to thank you in advance for your anticipated cooperation and assistance in this matter.

       

      Please do not hesitate to contact us if we can be of further assistance.

       

      Kind regards,

       

      Michael Meneses

      Copyright Assistant, Yahoo! Inc.

      copyright@...

      ****************************

      c/o Yahoo! Inc.

      701 First Ave.

      Sunnyvale, CA 94089

       

      Please note: You are receiving a copy of this email which was sent to the owner of the Yahoo! Group ACT-KM because you are a designated Moderator for this Group.

       


      _______________________________________________
      Actkm mailing list
      Actkm@...
      http://actkm.org/mailman/listinfo/actkm_actkm.org
    • seth_earley
      I find that very disturbing that something like that could happen without investigation or recourse based on an allegation. (Rather than removing the
      Message 2 of 2 , Jan 31, 2006
      • 0 Attachment
        I find that very disturbing that something like that could happen
        without investigation or recourse based on an allegation. (Rather
        than removing the allegedly infringing material to delete the group
        and its history seems unfair).

        I guess my next thought is if there is a way to simply back up the
        yahoo group discussion threads. Any thoughts on safeguarding the
        group?

        Seth

        --- In TaxoCoP@yahoogroups.com, "Patrick Lambe Straits Knowledge"
        <plambe@s...> wrote:
        >
        >
        > Folks
        >
        > See the message below with Yahoo's explanation of why the actKM
        forum was terminated. Apparently it was as a result of a trademark
        infringement complaint made by one of ActKM's members, Dr Dan Kirsch
        on behalf of his company Hudson Associates Consulting Inc. To my
        knowledge the convenor of actKM was not informed of the complaint
        prior to termination, nor did Dr Kirsh raise any infringement
        concerns within the forum. ActKM's convenor Mark Schenk is trying to
        find out what the nature of the complaint is, but in the meantime, I
        would encourage members of any Yahoo KM discussion groups to be
        hyper-conscious of trademark issues, and be aware that you can be
        shut down on the basis of a complaint without any recourse to a
        right of reply or rectification of an infringement if it has
        happened.
        >
        > Best
        >
        > Patrick
        > ----- Original Message -----
        > From: Mark Schenk
        > To: 'actKM Forum Discussion List'
        > Sent: Wednesday, February 01, 2006 12:06 PM
        > Subject: [Actkm] FW: Notice of Infringement
        >
        >
        > Hi everyone,
        >
        >
        >
        > The email below is from Yahoo and it explains that they
        have 'terminated' actKM as a result of a complaint that the group
        has made 'unauthorised use of a trademark'.
        >
        >
        >
        > I have asked Yahoo for an explanation why this was done without
        any notification to us.
        >
        >
        >
        > I have also asked Dr Dan Kirsch for an explanation of the nature
        of the complaint and infringement. Yahoo advises that Dr Kirsch is
        the authorised representative of the complainant. Dr Kirsch is
        President of Hudson Associates Consulting and Chief Operating
        Officer of KMProT.
        >
        >
        >
        > Mark Schenk
        >
        > Convenor, actKM
        >
        >
        > -------------------------------------------------------------------
        -------------
        >
        > From: Michael Meneses [mailto:mmeneses@y...]
        > Sent: Wednesday, 1 February 2006 6:22 AM
        > To: mark@a...
        > Subject: Notice of Infringement
        >
        >
        >
        > RE: Yahoo!(R) Group ACT-KM
        >
        >
        >
        > Yahoo! Inc. ("Yahoo!") has again received notification that
        trademark(s) proprietary to Hudson Associated Consulting, Inc. were
        used in connection with the Yahoo!(R) Group ACT-KM. Hudson
        Associated Consulting, Inc. has further notified Yahoo! that the ACT-
        KM Group is not authorized to use the trademark in question.
        >
        >
        >
        > As Yahoo! previously made you aware, Yahoo! respects the rights of
        both its users and the owners and rights holders of intellectual
        property. Accordingly, and in compliance with the Digital Millennium
        Copyright Act and/or other applicable federal law(s), Yahoo! has
        expeditiously removed or disabled access to the content in question,
        and your Yahoo! Group has been terminated.
        >
        >
        >
        > Through your participation in Yahoo! Groups you agree to abide by
        the Yahoo! Terms of Service, as well as any additional Terms of
        Service applicable to you. Further, as you know, Yahoo! may
        terminate any and/or all services and accounts without notice. The
        current Yahoo! Terms of Service may be reviewed at:
        http://docs.yahoo.com/info/terms. Pursuant to Section 6 of the
        Terms of Service, Member Conduct, you agreed not to use Yahoo!
        services to "upload, post, email, transmit or otherwise make
        available any Content that infringes any patent, trademark, trade
        secret, copyright or other proprietary rights...of any party."
        >
        >
        >
        > If you believe that the ACT-KM Group was designated by Hudson
        Associated Consulting, Inc. by mistake or misidentification, or if
        you believe that you have not infringed Hudson Associated
        Consulting, Inc.'s trademark rights, you may contact Hudson
        Associated Consulting, Inc. directly. Hudson Associated Consulting,
        Inc. and/or Hudson Associated Consulting, Inc.'s authorized agent
        may be contacted at:
        >
        >
        >
        > By email: drk@h...
        >
        >
        >
        > We wish to thank you in advance for your anticipated cooperation
        and assistance in this matter.
        >
        >
        >
        > Please do not hesitate to contact us if we can be of further
        assistance.
        >
        >
        >
        > Kind regards,
        >
        >
        >
        > Michael Meneses
        >
        > Copyright Assistant, Yahoo! Inc.
        >
        > copyright@y...
        >
        > ****************************
        >
        > c/o Yahoo! Inc.
        >
        > 701 First Ave.
        >
        > Sunnyvale, CA 94089
        >
        >
        >
        > Please note: You are receiving a copy of this email which was sent
        to the owner of the Yahoo! Group ACT-KM because you are a designated
        Moderator for this Group.
        >
        >
        >
        >
        >
        > -------------------------------------------------------------------
        -------------
        >
        >
        > _______________________________________________
        > Actkm mailing list
        > Actkm@a...
        > http://actkm.org/mailman/listinfo/actkm_actkm.org
        >
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