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3946Re: Don't mention "C Crane" or "Twin Coil Ferrite Loop"

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  • Steve
    Sep 1, 2007
      My 2 cents as a layman, IANAL:

      The trademark thing could be called fair use, since you are only
      identifying the item you reverse engineered. IE, you aren't trying to
      pass off your own design as if it were C. Crane's.

      And a trademark search on http://www.uspto.gov shows no matches for
      either "C. Crane" nor "Twin coil ferrite am antenna". The first is the
      guy's name (someone's name is not trademarkable) and the second is
      merely descriptive (which is also not trademarkable).

      The copyright thing sounds like pure FUD. You didn't redraw the patent
      drawing, you reverse engineered the actual item. Copyrights are -very-
      specific in nature, so your schematic would have to be an almost exact
      copy in placement of lines and components and text to be an infringement.

      And so far, reverse engineering an item is still legal.

      Steve Greenfield

      --- In loopantennas@yahoogroups.com, "w1eof@..." <w1eof@...> wrote:
      > Below is an email sent to me tonight from a rep from C. Crane company.
      > He called me last night and was very nice on the telephone. I explained
      > that I didn't feel like I had violated any copyright but that I would
      > consider taking it down. Tonight I get this ridiculous email where they
      > claim I can't even mention the name of the company or the product
      > without their written permission.
      > At any rate, I got better things to do with my time than fight-off
      > frivolous lawsuits. So I will be taking the file down tonight.
      > Regards,
      > Mark
      > Mark Titterington
      > Hamnutz Website Hosting
      > Dear Mr. Titterington:
      > C. Crane Company, Inc. ("C. Crane"), was recently made aware that you
      > are using the name "C. Crane" and "Twin Coil Ferrite AM Antenna" on a
      > portable document file located at the following URL:
      > http://www.hamnutz.com/loops/ccrane.pdf
      > As you may know, C. Crane has used these names not only on our product,
      > but also on documents, radio advertisements, trade and consumer
      > advertising, catalogs, C. Crane website(s), and other promotional and
      > licensed material distributed worldwide. This product has been in
      > existence since 2001 and has enjoyed tremendous success.
      > United States trademark law requires that C. Crane take all reasonable
      > steps to prevent others from using its marks, or confusingly similar
      > marks, in such a way so as to "dilute" its distinctiveness as an
      > exclusive designator of C. Crane's goods and services. If the mark is
      > used by too many different sources, it becomes a "generic" term, and C.
      > Crane may lose its exclusive right to use it. Thus, it is C. Crane's
      > responsibility to police the use of "C. Crane" and "Twin Coil
      Ferrite AM
      > Antenna" in any manner, and stop all unauthorized use of its
      > In addition to the trademark infringement, C. Crane has reason to
      > believe you have made an unauthorized use of our copyrighted C. Crane
      > Twin Coil Ferrite AM Antenna Schematic (the "Schematic") in the
      > preparation of a schematic derived there from. We reserve all rights to
      > the original "Schematic", first published in 2001, and have registered
      > copyright therein. Your work entitled Twin Coil Ferrite AM Antenna
      by C.
      > Crane clearly used our "Schematic" as its basis.
      > As you neither asked for nor received permission to use our "Schematic"
      > as the basis for the infringing schematic and you neither asked for nor
      > received permission to make or distribute copies, including electronic
      > copies, of the same, we believe you have willfully infringed our rights
      > under 17 U.S.C. Section 101 et seq. and could be liable for statutory
      > damages as high as $150,000 as set forth in Section 504(c)(2) therein.
      > Although we believe your use of "C. Crane" and "Twin Coil Ferrite AM
      > Antenna" was not intended to harm C. Crane in any manner, we trust that
      > you can appreciate our concerns. Accordingly, we request that you
      > refrain from using the words "C. Crane" and "Twin Coil Ferrite AM
      > Antenna" without express written permission, and remove all references
      > from the above-mentioned website. In addition, we request that you
      > provide C. Crane with written assurance that you will refrain from
      > its trademarks in the future by no later than August 31st, 2007.
      > In addition, we request that you immediately cease the use and
      > distribution of all infringing works derived from the "Schematic", and
      > all copies, including electronic copies, of the same, that you deliver
      > to us, if applicable, all unused, undistributed copies of same, or
      > destroy such copies immediately and that you desist from this or any
      > other infringement of our rights in the future. If we have not received
      > an affirmative response from you by August 31st, 2007 indicating that
      > you have fully complied with these requirements, We will be forced to
      > take further action against you.
      > Thank you for your attention to this matter, and we look forward to
      > hearing back from you no later than August 31st, 2007.
      > Sincerely,
      > Robbie Crossley
      > Website Manager
      > C. Crane Company, Inc.
      > 1-800-522-8863
      > http://www.ccrane.com
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