SportsFilter vs. Sports Filter
August 9, 2005 1:48 PM   Subscribe

What can I do if I'm one of the founders of a sports weblog that's been around for over three years and MSN starts a sports weblog with the same name?
posted by kirkaracha to Computers & Internet (17 answers total)
 
I'm assuming you want them to stop? The first thing I would do is note on your web page that SportsFilter is a servicemark of you. Then register your servicemark ($325 filing fee) and send a cease and desist to the MSN guy.

I'm assuming that if this were sufficiently important to you, you'd be talking to a lawyer instead of us, which would probably be the best way to make sure you are taken seriously. And they'll give better advice too.
posted by grouse at 2:02 PM on August 9, 2005


Yeah, if you're serious, the only way to get this done is going to involve a lawyer. I'd avoid communicating with them except through your attorney.
posted by mr_roboto at 2:04 PM on August 9, 2005


Yes, please talk to a lawyer immediately. If you can't afford it and you can't find an IP lawyer to even give you a consultation w/o a fee, there may be some pro bono options. following up via email...
posted by rkent at 2:06 PM on August 9, 2005


Maybe I didn't look in the right place, but where does it say that MSN created a blog? As opposed to a person with a Passport account created a blog on MSN?

At any rate, when you do retain a lawyer, ask him about other potential blogs, such as http://sportsfilter.blogspot.com
posted by clearlynuts at 2:11 PM on August 9, 2005


Clearlynuts appears to be correct. If you look carefully, this is just some MSN member's blog, not Microsoft corporate content.
posted by reverendX at 2:18 PM on August 9, 2005


MSN seems to have a whole "filter" thing going:

http://filter.msn.com/
posted by o2b at 2:25 PM on August 9, 2005


No; it looks like the various "filters" are official MSN products. The page o2b links to refers to the authors as "our team of bloggers", which implies that they're MSN employees. Plus, they all seem to be professional writers.

Apparently "an opportunity to share your insider knowledge with the Filter community and take a chunk out of your 15 minutes of Internet fame" refers to emailing the bloggers or commenting on the blogs. I don't think these are user pages.

I agree that there is some ambiguity, though. I was going to suggest that we could email the author, but I can't seem to find an address....
posted by mr_roboto at 3:13 PM on August 9, 2005


my two cents.
posted by lilnemo at 3:42 PM on August 9, 2005


You should ask mathowie about it, seeing as how he seems to have opted for the servicemark route.
posted by lilnemo at 3:50 PM on August 9, 2005


My lawyer suggested the servicemark, I just went along with it.

Kirk, I would suggest you take it up with them as you have a legit claim to the mark, as it has been in use since 2001 with the same name.
posted by mathowie at 4:48 PM on August 9, 2005


Probably the best place to leave comments on the site is on this entry (the "meet the author" entry). Be forewarned, though -- MSN Spaces is the stupidest weblog app I've ever used, with no ability to include links in comments, no preview function, and an incredibly aggressive "inappropriate language" filter that prohibited me from even using my email address. So you might have to dumb your comment down a little bit...
posted by delfuego at 4:59 PM on August 9, 2005


Oh, and at the bottom of the MSN site is a "Report Abuse" link, which brings you here. Might be worth a quick click...
posted by delfuego at 5:05 PM on August 9, 2005


As a lawyer, I always ask the client at the outset, "What do you want to accomplish?" Then my advice proceeds from that point.

Before you speak to a lawyer, as the others have wisely suggested, ask yourself that question, too.

The solution will depend on the answer. Do you want MS to stop using the name? to hire you for its SportsFilter? to put a disclaimer on the site?

to pay you a bit of money to give up the name?
posted by yclipse at 6:58 PM on August 9, 2005


As a SportsFilter user, I want the former, yclipse. For MSN to stop using the name. How does that affect the next step?
posted by If I Had An Anus at 7:36 PM on August 9, 2005


The law won't do anything for users of the site. It's only the owner who has an interest.
posted by yclipse at 6:02 AM on August 10, 2005


Reminds me of the battle when Microsoft installed some woman with rather vague qualifications and limited sentience into a site to answer techy questions, and called her The Digital Diva, which got a group of much more qualified and talented women just a tad upset. And in the end, the Divas beat the Diva.
posted by Dreama at 7:54 AM on August 10, 2005


http://filter.msn.com/

How long until there's a "meta" category?
posted by VulcanMike at 9:09 PM on August 14, 2005


« Older Did someone die to protect my freedoms?   |   Internet habits of people over 49 Newer »
This thread is closed to new comments.