what is your budget?
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Show posts MenuQuote from: Sean Locke Photography on May 27, 2015, 15:55Quote from: rimglow on May 27, 2015, 15:40
I think there is a flaw in your theory. Most serious microstock buyers don't use Google to search for an image to buy. They use their favorite agency. In fact, most of the big advertising agencies have contracts with Shutterstock, iStock, Dreamstime, etc. The search results for an image within the agency, doesn't involve Google.
That's what I've always thought. I don't imagine many serious buyers use google to find an image.
Quote from: Semmick Photo on May 11, 2015, 13:00
Steve has a very valid point
Quote from: cascoly on May 10, 2015, 17:53Quote from: Robin@Symbiostock on May 10, 2015, 15:47
I considered maintaining the versions, but I think that would be more confusing since the new Symbiostock is different in more ways than one. Accordingly, the use of the word 'legacy' is more apt a term for it, especially from a software standpoint.
you really don't get it -- if someone searches for symbiostock, they'll find v1.0 and v3.3.8 - which one are they going to try? but you're in charge.....
Quote from: cascoly on May 05, 2015, 19:14Quote from: shotupdave on May 05, 2015, 10:55get your basic facts right ----
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3. You killing Symbiostock by claiming Symbiostock is a trademark in your property.
That is is a claim that you have to prove. And if Leo gave him the rights to the name, it is his right to do so.
....
it's Robin who must prove his claim, since he makes it such a prominent part of his offerings --
Leo sold Robin the rights to the new version of symbiostock, but no rights to anything related to the original symbiostock
Leo COULD NOT have given robin the trademark robin claims, since Leo NEVER TRADEMARKED the word symbiostock. Leo SPECIFICALLY made symbiostock a brand that ANYONE could use, and said so EXPLICITLY in this and other forums, many times. Leo ENCOURAGED anyone interested to register domain names that included symbiostock, such as symbiostock.info and symbiostock-network.com -- that made symbiostock difficult if not impossible to ever trademark due to common law and prior usage

Quote from: cascoly on May 03, 2015, 19:05Quote from: shotupdave on May 03, 2015, 11:33Quote from: cascoly on May 01, 2015, 03:17Quote from: klsbear on May 01, 2015, 00:47
Robin may or may not have filed an application for a trademark on the name but in the U.S. it takes about four to six months to go through the process before you are granted a registration number and there are opportunities to challenge it as well. I'm not familiar with international filing but presumably he would want to file in multiple countries since Symbiostock is in use internationally.
all true -- however here's what robin CLAIMS (from his trademark page when that section was still available online):
2. Intellectual Property Rights. The Programs and each of their components are owned by Symbiostock and are protected under copyright law and under other laws as applicable. Title to the Programs and any component, or to any copy, modification, or merged portion shall remain with Symbiostock, subject to the applicable license. The "Symbiostock" trademark and the "Hummingbird" logo are trademarks of Symbiostock.
when questioned whether he had actually registered the trademark, robin refused to answer, and no trademark has been registered in the US.
I was watching the conversation between you are Robin, and it was you that way over board on your comments. I was going to log on and tell you that you were way off base on your comments and your attitude. And your claim about him not registering it because you can not find it in the US copyright office. What if h registered in his home country. You are making claims and asking questions that really are none of your business. How about letting the man bring out the SW before the criticism starts. This is the same kind of attitude that drove away Leo.
hilarious! you say it's none of our business when somebody no one knows jumps in, refuses to identify himself, and then stakes a claim to the work that dozens of people have done over 2 years??? it's none of our business what the new software he's peddling is going to cost?? it's none of our business that the terms for hosting our software can be changed at any time???
and, it's a TRADEMARK not a copyright issue -- you can't copyright a name; true, the name be registered in another country - I never said otherwise - I only said it was NOT registered in the US and asked for clarification, since robin IS CLAIMING he has a registered trademark. only response is silence
Quote from: klsbear on May 03, 2015, 22:28Quote from: shotupdave on May 03, 2015, 20:58
Why does he have to introduce himself as long as the sw works? If Leo transferred the intellectual properities to Robin, any future SW is his property, any other sw that was written and put into use still is open public source. And yes you can trademark a name that is unique, you cannot trademark a common word.
Don't like him or his software, don't use it, plain and simple. No one is forcing you to change.
If we didn't like the terms of his EULA which he seemed to say were retroactively applied to all earlier version of Symbiostock, then you had to stop using it so I would say that yes, he was forcing us to change, away from our legacy versions if you didn't agree with his new direction.
Of course this could all be a moot point. His site has been down for at least 36 hours now and he hasn't been active here or on any of his social media sites since late last week. Hard to guess if he's given it up already or just went underground until he actually had a product to show.
And as far as trademark goes, you can trademark a name if it's unique but I believe you need to apply in multiple jurisdictions if you're seeking international protection for your mark. Additionally, your application can be challenged if someone can show prior use. You can also be challenged after registration has been granted. I handle trademark registrations at my day job and last year we had one of our marks challenged by someone using it for a product that was different but within the same class number (trademarks are granted for use in the specific class(es) applied for as applicable to the product it is used for). Our attorneys advised that we accept the proposed solution of a contract that allowed joint use within the class for separate categories of sub-class as they said the other company's prior use would give them a strong case if they were to challenge us.
Quote from: cascoly on May 01, 2015, 03:17Quote from: klsbear on May 01, 2015, 00:47
Robin may or may not have filed an application for a trademark on the name but in the U.S. it takes about four to six months to go through the process before you are granted a registration number and there are opportunities to challenge it as well. I'm not familiar with international filing but presumably he would want to file in multiple countries since Symbiostock is in use internationally.
all true -- however here's what robin CLAIMS (from his trademark page when that section was still available online):
2. Intellectual Property Rights. The Programs and each of their components are owned by Symbiostock and are protected under copyright law and under other laws as applicable. Title to the Programs and any component, or to any copy, modification, or merged portion shall remain with Symbiostock, subject to the applicable license. The "Symbiostock" trademark and the "Hummingbird" logo are trademarks of Symbiostock.
when questioned whether he had actually registered the trademark, robin refused to answer, and no trademark has been registered in the US.
Quote from: cascoly on July 18, 2014, 19:40
yes, the forums are open again on their new server, and I just need to open everything up
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