FOSS project website takedown over legal threat. What can be done?
February 6, 2008 7:24 PM Subscribe
Webhost takes down open source project website in response to legal threat from small company with similar name, similar product. What can be done?
posted by _aa_ to Law & Government (10 answers total)
A friend of mine administers an open source project whose website was taken down by their webhost after the host received a threatening notice from a small company with a similar but not identical name and a similar but not identical product.
Let's, for example, say that the open source project's name is "Recipitome" and it's a software application that manages recipes. The small company's trademarked identity is "MegaRecipitome" and they make a hardware recipe manager. The company does preexist the open source project.
This strikes me as Coke being able to take down any domain containing the word "OK", but perhaps this is standard in trademark law.
Being a small open source project, obviously there is no money for legal representation.
Is anyone aware of or has anybody had a similar situation with a project or website? If so how was it resolved?
It's pretty crucial for this project to retain it's identity. Any strategies or suggestions for restoring and then protecting their website in the future?
Thank you in advance.