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Thread: The revitforum.org domain.

  1. #121
    Forum Co-Founder iru69's Avatar
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    No, it doesn't have anything to do with search results. Autodesk's point is not to "shut down" or "silence" websites (even if that's often the end result). Autodesk is using their misconceived understanding of trademark law that in order to protect their trademark, they need to (and have the right to) wipe out any other top-level domain names that contain the word REVIT (in the context of the product Revit).

    However, the legal understanding is that using a trademark in a top-level domain name is not considered trademark infringement, and Autodesk is legally in the wrong here. It's really that simple.
    Last edited by iru69; February 21st, 2013 at 04:31 AM.

  2. #122
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    How about Revitalize.org or do they own that word?


    re·vi·tal·ize
    /rēˈvītlˌīz/
    Verb
    Imbue (something) with new life and vitality: "revitalize the economy".
    Synonyms
    revive - enliven - animate - resuscitate
    Last edited by cherub65; February 21st, 2013 at 05:41 AM.

  3. #123
    The Moderator with No Imagination MPwuzhere's Avatar
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    Quote Originally Posted by cherub65 View Post
    How about Revitalize.org or do they own that word?
    If it pertains to have anything with Autodesk Revit....yes. But of the 150 trademarks I found with revitalize is mostly massage therapy.....so unless Revit has an add-on on the perfect massage...ain't gonna happen.
    cganiere likes this.

  4. #124
    Junior Member Dandharma's Avatar
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    Personally I think Autodesk are within their rights to go down this path.
    Maybe this due to the fact that I come from a country that maintains a strict domain registry, and you cannot register a domain name that infringes copyright.

    Autodesk will defend their trademark from possible misuse.
    Imagine if the next version of Revit is rubbish and all of a sudden every single unregulated post on Revitforum.org was slagging off Revit and how useless it is?
    That is a distinct possibility and Autodesk will seek to control that misuse of their trademark in an unregulated space as much as possible.

    RFO is a releatively new domain and site and came from about after an exodus from AUGI at a time when it was needed.
    It proves that RFO members are dedicated and will support a move to a new domain.

    I suggest that we don't waste any $money$ lining lawyers pockets and we transition to a new fancy domain name that makes sense going into the future.

    Gordon, Ian & Klaus, i sent you an email yesterday with an offer for a free domain that I already have parked.
    Last edited by Dandharma; February 21st, 2013 at 09:39 AM.

  5. #125
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    Quote Originally Posted by Dandharma View Post
    Personally I think Autodesk are within their rights to go down this path.
    Imagine if the next version of Revit is rubbish and all of a sudden every single unregulated post on Revitforum.org was slagging off Revit and how useless it is?
    That is a distinct possibility and Autodesk will seek to control that misuse of their trademark in an unregulated space as much as possible.
    Probably related to the county differences you mentioned, but:if the next version of Revit was crap, why shouldn't we have the freedom to 'slag' it (slag=trash, right?)? As paying users of a pretty darn pricey product, I'm pretty sure we have every right to raise holy hell in whatever (reasonable) way we want to if said product doesn't deliver what it is supposed to.

    Unless I'm misreading facetiousness in your post, which in that case, nevermind...

  6. #126
    Junior Member Dandharma's Avatar
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    Quote Originally Posted by kmgates View Post
    Probably related to the county differences you mentioned, but:if the next version of Revit was crap, why shouldn't we have the freedom to 'slag' it (slag=trash, right?)? As paying users of a pretty darn pricey product, I'm pretty sure we have every right to raise holy hell in whatever (reasonable) way we want to if said product doesn't deliver what it is supposed to.

    Unless I'm misreading facetiousness in your post, which in that case, nevermind...
    Autodesk is not threatening to close down the forum. You will still be allowed to trash the future crappy releases of Revit as much as you like, just not under a website that contains the Autodesk trademark in the name.

    Your rights are protected, as are theirs.

  7. #127
    Lurker AUGI_France's Avatar
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    There are 385 domain names on sedo.com containing the word revit, most of them do not belong to Autodesk... You are not alone and it would be unfair if you were the only one targeted.
    brad_strauss likes this.

  8. #128
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    Hi,
    We refute these claims of infringement. The use of the trademark "REVIT" in the domain name "revitforum.org" is protected by the "Nominative Fair Use" legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as reference to describe the product.
    How does this with Trademark actually work? The domain name Revit Forum - Revit, BIM, Architecture & Engineering. is registered in Norway and the site is hosted on Norwegian servers. I presume the IP law is different between Norway and USA?

    jh

  9. #129
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    Sorry to read about your dilemma.

    However, when I search for a problem relating to Revit from my Autodesk subscription-tab, I was directed to your site. To be fair, I thought you was an official Revit site.

    If the WIKI style site that is offered as help when I press F1 is all Autodesk has to offer, then Autodesk should be glad you are a link; this forum is certainly more helpful.

    Good luck and don't waste money. Send me the new link.

  10. #130
    Administrator Munkholm's Avatar
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    What a wonderful day yesterday turned out to be! Got the below email late last night (my local time), but unfortunately I have not been around a computer since then.

    First of all: Power to the people!! I'm sure that the "riot" on Twitter, the numerous posts here at RFO, and all the emails sent to Carl and his PR dep. have had a huge impact on the below response... Had it not been for all of this, it would have taken weeks before we got a reply, and surely it would not all the sudden be from a Partner at the law firm. Great work everybody!

    Second: Note the part of the email with "...as here, there appears to be nominative fair use" - OK, they are not directly saying that we had a legal case, but...

    Third and last: They AM asking us to add their official disclaimer and tradegraph to the forum. If that's all it takes to make this go away, I see no reason what so ever to not comply with this inquiry, and will of course work with the law firm to find a solution that works for both parties.

    Thank you, thank you, thank you to EVERY ONE OF YOU!!!

    Dear Mr. Munkholm,

    My name is Jonathan Osder and I am one of the partners at our law firm who supervises Autodesk, Inc.’s domain name enforcement program worldwide.

    Thank you for your thoughtful reply. I read it with interest and thought it might be helpful for me to work with you directly to resolve this unfortunate dispute.

    This appears to be a classic case where sometimes uncertain and arcane laws combined with the relative size of the two parties have led to appearances that are completely unintended.

    Please understand that Autodesk does in fact greatly appreciate your site, support of Autodesk’s products and services, and the important forum you provide to REVIT® software users. Communities like the one you kindly created that support Autodesk’s award-winning software products are vital to the company’s success. It is Autodesk’s valued customers and those who support them who motivate Autodesk to make innovative and exciting products.

    Please note that the communications you received are part of an important worldwide trademark enforcement program and you were not individually targeted. The law actually requires Autodesk to monitor use of its famous trademarks, including Revit®, or risk losing legal rights to them. As you know, the domain names revitforum.org and revitforums.org incorporate the REVIT® trademark, which Autodesk exclusively owns and has registered in the United States and over 15 international jurisdictions, including the European Community. We follow up with all registrants of domains incorporating Autodesk’s trademarks.

    Although Autodesk has a legal duty to police use of its marks, that duty is satisfied where, as here, there appears to be nominative fair use. Your site in its current form does not, however, fully satisfy the legal criteria for that. If you are willing to follow Autodesk’s trademark use guidelines (available at Autodesk - Legal Notices & Trademarks - Legal Notices & Trademarks or any successor site(s) thereto), post a disclaimer, and work with us as reasonably requested to make clear the site is not sponsored by or affiliated with Autodesk, I believe we can find a way to resolve this issue.

    Again, Autodesk genuinely appreciates the time, energy, and cost you put into your support of Revit® software. I look forward to working with you to find an expedient and amicable resolution of this matter.

    Sincerely,

    Jonathan

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