Atlanteknology - Technology News for Atlantic Canada

Your domain is my domain...until it isn't

While on the topic of domain names and since we are digging in the archives.

Here is a report of a decision from the Alberta Court of Queens Bench (actual case can be found here). It seems a former employee, displeased with his former employer, registered the .ca domain name that was identical to the .com domain name. He then re-directed the traffic to the .ca name to his new employer's website.

Not satisfied with that result apparently, he then decided to route traffic to the .ca name to a pornographic website.

And then he got the former employer's attention ....in the form of a law suit.

The court awarded the former employer $15,000 in damages. A modest sum by any stretch of the imagination. However, at least there was a judgment.

Now, the lesson to be learned here for all the disgruntled former employees is this - don't this this at home kids. Unless of course you want to lighten your wallet.

For the employers - don't be afraid to take on former employees who want to tarnish your reputation.

Having said all that, legitimate critisicm is still valid and it is perfectly fine to create a website to critisize some company, as long as it is on good taste and the critisicms are true. (There is a bit more to it than that - but the really, really important part is that the criticisms must be true). Too bad the Parliament of Canada did not operate on the same principle. I know, I know - there is a good argument for the current system of parliamentary immunity.

Make sure your domain name is your domain

I saw this article many moons ago but never posted a link to it....so I am doing so now.

A neat article on domain law in Canada. I have never heard of the lawyer who was interviewed, but he sounds like he knows what he is talking about.

Enjoy the read.

How to design something and (hopefully) make money from it

Here is a classic situation - a person has a really good idea, they make some prototypes, refine the product, do some testing, and ultimately a fascinating widget comes out at the other end.

 

The individual, who is generally not rich, then faces the all too frequent problem - how to bring the product to market?

 

One of the primary problems with going to a large retailer is the power disparity between the two sides and, equally as important, there is the possibility the retailer could simply steal the idea and manufacture the product itself. This happens more than you might imagine.

 

One way to help reduce this risk is to ask prospective partners to enter into confidentiality agreements.  The problem with this is simply that most large retailers will simply say no, and move on to the next person.

 

One way around the problem is to fully document the inventive process and have someone with no stake in the matter participate by reviewing all of your notes and signing each page of your notebook (you should be keeping a notebook with respect to the inventive process).

 

Another good solution is to file a so-called provisional patent, if the product is capable of being patented - something you will have to get advise on, or file an industrial design if it is here in Canada. An industrial design will protect the aesthetic characteristics of the product but not the functional characteristics. Please keep in mind that industrial designs are generally not all that powerful.

 

If you are peddling your idea to companies in Canada, the maintenance of a notebook may not be as helpful as it would be in the United States (the US is a first to conceive jurisdiction, as opposed to Canada, which is a first patent jurisdiction), but it does provide some measure of ownership.

 

The final possibility, if the company you are pitching the idea to does not want to sign a confidentiality agreement, is to share as much of the idea as possible without disclosing the essence of it.  This also has the benefit of providing a "hook" with which you can reel in the prospect.

 

Keep in mind, as an inventor, that consumer demand for new products is out pacing the ability of large companies to come up with marketable ideas.  The key to success is making sure your approach and your pitch is as slick as possible.

 

The next step is to create what is known as a "sell sheet".  This is a one page document of your product that outlines its benefits, your target audience, and its projected profits.  Your name and contact information should be on this sheet.

 

Once your sell sheet is ready, develop a list of manufacturers that target your ideal customer and make some more products.  Find the name and number for the director of marketing or sales and call them telling them you are a product developer with a great idea.  Do NOT say you are an inventor.  In your pitch (which should be very brief) concisely state the idea, the profit potential, comparative advantages and a timeline for results.  Offer to send the individual the sell sheet.  Then be persistent about following up. 

 

Good luck!

The lion, the witch....and the bludgeon?

Here is a good story. Parents give their 11 year old boy a unique gift - the domain name "Narnia.mobi".

An unwanted by-product of that was a complaint by the estate of C.S. Lewi. The demand? Take it down! And this followed up by, reportedly, a 128 page affidavit filed in support of the complaint.

Of course, the whole thing gets worldwide publicity and none, that I can see, favourable to the estate of C.S. Lewis.

Honestly, do you need a bludgeon to deal with such a matter? And the negative publicity.

The old saying, "Use thr right tool for the job" comes to mind.

Holey Croc - is it a knockoff?

Everyone knows what Crocs look like - even if you hate them as an abomination of fashion (as I do), they are so prevalant that virtually anyone who goes out in public will have seen them by now.

Anything successful produces imitations. That is the nature of business.  Depending ont he type of imitation and the nature of the rights obtained by the producer of the original product, legal disputes can arise.

Well, it seems that Holey Soles has produced a shoe that Crocs asserts is so close in design to Crocs shoes that consumers will be fooled into thinking shoes produced by the former originate from the latter.

And so they fight...

In a recent round, Holey tried to have Crocs lawsuit thrown out because it said Crocs had no legal basis for suing it. Crocs had alleged violations under the Trade-marks Act (what is called a distinguishing guise, or "trade dress" in the USA - think the shape of the old Coke bottle) and under the Copyright Act (claiming the shape of the shoe or some part of it is artistic in nature and subject to copyright).

The court shut Holey Soles down, stating that the issues needed to be examined at a full blown trial, rather than in a summary fashion.

It remains to be seen how all of this will play itself out, especially given the collapse of the Crocs market and, with it, Crocs share price.

What remains is yet another warning to companies that want to re-produce something known and successful - prepare in advance and make sure you have solid footing before you embark on such a course of action, least you get embroiled in a time consuming and expensive lawsuit.

Dragon's Den

Some, if not most, people in Canada have heard of the Canadian Broadcasting Corporation's television show called Dragon's Den.


Well, the next season of the show is almost upon us and they are looking for potential candidates. Being a big fan of the show, I can tell you that if you have a good product or service, a good pitch and some fortitude, you stand at least a descent change of actually getting funding from the venture capitalists on the panel. of course, the quid pro quo is some loss of control, but the upside is often a much needed injection of capital.

Check out the requirements for entering here. Apply! The worst thing that could happen is they say no.