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by christian_fei
2324 days ago
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Agree to most things you said. Thank you for the feedback. This is what made me take the decision to throw away Pomodoro.cc and get out of this BS: > I don't think it will be enough to change the name to return to the norm If the main problem is the trademark why changing the name is not the solution? He couldn't provide more info on that. If one wants to bully another person with legal action, you are free to do that, but I don't have the time nor energy to follow this absurd BS. To me he will always remain the creator of "The Trademark Technique" PS: Apple is a company name and has a registered trademark and copyright for that company. His "invention" wasn't Pomodoro, but rather "Pomodoro Technique".. |
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So what? From your account, it doesn't even seem he's used a lawyer to communicate with you (which is what the most serious enforcers do), or worded it in the form of a "cease and desist" (a formal demand for changed behavior). He just reached out, one proprietor to another.
The logical and legal grounds of his complaint is a trademark claim. If you stop using the name – including in the domain – then he no longer has any complaint.
You likely could just:
• pick a new domain-name
• do a search and replace on your work, replacing all cases where you've named your work 'pomodoro' with a new name.
• add an explanatory note on your site, to the effect: "this was previously called, and inspired by, Cirillo's 'Pomodoro Technique', but as Cirillo claims a trademark on that name, its been renamed. go to _his site_ if you want his book or training/consulting services"
• for some initial transition period – say 90 days? – have `pomodoro.cc` redirect to a disambiguation page, explaining that your service has moved, and the "official trademarked Pomodoro®" consulting services is somewhere else
And there's still ways to be either more, or less, cooperative in such a change, depending on your tolerance for conflict:
• You could transfer the domain to him at the end, perhaps for some token consideration, or could simply have the website stop functioning entirely.
• You could try a new name that's a play on the original, but without any risk of confusion or implied endorsement, like perhaps "Nightshade Timer", or "Orodomop Timer", or "Marinara Timer".
• You could either include resentful indirect allusions to Cirillo & his services – expressing your disdainful opinion of his trademark strategy – or instead just give warm mentions and links, to recognize that he did popularize this name and specific formula.
Cirillo can cryptically say "not enough" to such things, but as long as you're not labeling your offering "pomodoro" (in text and domain-name), there's no grounds for further complaint or legal threat.
Note that exactly the way that Apple Incorporated of Cupertino, California, USA, has a registered trademark for the wordmark "Apple"...
https://trademarks.justia.com/876/28/apple-87628828.html
...Francisco Cirillo of Berlin, Germany also has a registered trademark for the wordmark "Pomodoro", as of a 2012 filing:
https://trademarks.justia.com/857/90/pomodoro-85790837.html