skribb
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Post by skribb on Feb 9, 2017 21:32:57 GMT
EMD - Entertainment and Movie Discussion
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Deleted
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Post by Deleted on Feb 23, 2017 17:08:19 GMT
First, thank you for putting the board up at all. From what I've seen, this seems to be one of the most active places at present for us IMDB refugees. So I hope this board succeeds and prospers.
Before I get into this, I'm not employed by or otherwise connected with IMDB except as a registered user. And I'm not a lawyer, but I used to be a small business owner and corporate executive.
MHO, FWIW -- unless you do something about this issue, and quickly, you can clock the life span of this board with an egg timer.
A few things to consider:
1) The issue isn't whether this board is for-profit or not. Neither is the fact that IMDB no longer has a message board section. The issue is the possibility of confusion in a reasonable layperson's mind. If you own "Jones's Auto Repair" and I start a business called "Jones's Veterinary Services," most people aren't going to assume they might be connected. But if my business is "Jones's Garage" ... even though my business has nothing to do with auto repair, I'm just renting out spaces to people where they can leave their cars ... things get more confusing for Joe and Jane Sixpack, and you'd have a valid complaint against me.
Well, this board is called "IMDB 2.0," and it has the "look" and "feel" of IMDB, at least at first glance. Same categories for board posts, etc. I think there's a strong potential for any reasonable person to see this and assume that IMDB didn't entirely zap their boards, they just moved them here; or some similar confusion.
2) Trademarks are not like copyrights. Trademarks must be defended by the owner; if a trademark owner fails to do so, the trademark can become diluted to the point where the courts rule that the owner has abandoned it, whether willingly or not, and no longer has a claim to it. "Aspirin" used to be a trademarked name, for example, but the trademark owners were lax about protecting it, and it passed into common usage. And although ordinary people sometimes say "Coke" to refer generically to any soft drink -- "Hey Ma, while yer in the kitchen, can you get me a Coke out of the fridge?" to refer to a Pepsi -- you don't see characters on television shows use it that way, precisely because Coca-Cola will sue them if they do.
3) Yeah, there's bad feeling toward IMDB right now. But like it or not, "IMDB" is their name, it's their property, and they've got every right to protect their property; and indeed, they have an obligation to their stockholders to do so. And all the "f'k 'ems" in the world won't change that.
And finally,
4) How much money does IMDB (and Amazon) have at their disposal? And how much do you? Really wanna take on that fight?
I don't think you'll lose any money over it, though. I think IMDB will just send a lawyer letter to ProBoards; ProBoards will zap the board with no notice to you; and you'll come looking for it and find it's not there anymore. And ProBoards will certainly have the right to do it; you've also violated their terms of service (see section 20(a)).
Please, if you want this board to stay up ... contact IMDB. Apologize to them for this. Assure them that it was done out of ignorance and haste, not malice. Ask nicely if they will consent to your keeping the board up, and be ready to (a) place prominent notices on here disclaiming affiliation with them; (b) change the name to something a little less similar to theirs; and (c) whatever else they ask, within reason. Maybe they'll let you get away with changing the name to "EyeEmmDeeBee," but be ready to rename it to "Not At All IMDB" if they ask.
Things like this can be worked out amicably, but only if you contact them and show you're willing to work with them, in good faith. (And they'll have every right to be skeptical on that; this thread itself is ample evidence that although the initial trademark infringement may have been done through ignorance, even after becoming aware of it you've knowingly allowed the situation to continue.)
The alternative is, start sending private messages to everyone now, working out a way that everyone can find the new board when this one disappears suddenly ... because sooner or later, that axe will fall.
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Post by Deleted on Feb 24, 2017 5:42:41 GMT
BullSchimdt, you are correct in all that you are saying, but I think, from earlier parts of this thread (I lost track for a while but it's there towards the earlier pages) it's been established that the Admin did indeed contact IMDb/Amazon. I don't know what the response was, if any.
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Post by Admin on Feb 24, 2017 7:12:05 GMT
BullSchimdt, you are correct in all that you are saying, but I think, from earlier parts of this thread (I lost track for a while but it's there towards the earlier pages) it's been established that the Admin did indeed contact IMDb/Amazon. I don't know what the response was, if any. No response from IMDb, but upon further research, I learned that the lowercase "b" is what establishes the trademark. Changing it to uppercase and clarifying the acronym to differentiate should be enough to preclude any legal issues.
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Post by Deleted on Mar 12, 2017 17:00:35 GMT
Main reason for a name change is to avoid prejudicing anyone against visiting or trusting this site by it appearing to be an IMDb subsidiary. Next reason is to establish, psychologically, a separate identity for this group and not let it be tied to IMDb by the power of suggestion. Third reason is one of logic: IMDb stands for Internet Movie Database, and this is a discussion board, not a movie *database* (yeah, you could say IMDb here means Internet Movie Discussion Board, I suppose, but isn't that kinda dishonest). Finally, is anybody here because they *like* IMDb? Why name your offspring Donald J. Trump II if you dislike Trump I??
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ghr1979
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Post by ghr1979 on Mar 16, 2017 16:52:25 GMT
Several members have expressed concern regarding the name of this board. IMDb's Conditions of Use states the following: Despite the fact that this board is not for profit of any kind, I think perhaps the name should be changed to preclude any possible legal issues that may arise. What do you guys think? Should it be changed, and if so, what do you suggest? Bear in mind that changing the name of the site will not change the URL. your name choice is inherently different from that of IMDb -- ... the only thing similar is the letters. I don't think IMDb owns the rights to the alphabet... just to "IMDb" as registered.
I don't see the need unless they are just arrogant for the sake of being so. It's clear that this is "internet media discussion boards" , and they have registered IMD (small letter) b. If anything, to avoid confusion (the only irk I see they should have), perhaps re-tool it to iMDBv2.0 or something similar that still encapsulates the notion of "internet media discussion boards". I'm not a lawyer - I just worked for some once but, that's no bearing on my personal thought here.
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Post by kuatorises on Mar 16, 2017 18:31:49 GMT
How about: Internet Database of Movies. IDbM or IDoM Oh, you are good.
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Post by Cooper, the Golden Retriever on Mar 17, 2017 0:15:56 GMT
That IMay dBEE the winner!(creative response and use of the IMDb type upper/lower, on my part, no?)
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Post by Deleted on Mar 18, 2017 10:44:46 GMT
How about: Internet Database of Movies. IDbM or IDoM Oh, you are good. Thank You. You're very kind.
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Post by Deleted on Mar 18, 2017 16:47:45 GMT
Absolutely not. Having the IMDB moniker gives this place some name recognition. If you change it, it will become just another message board.
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Post by Admin on Mar 19, 2017 5:38:39 GMT
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bb15
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Post by bb15 on Mar 19, 2017 9:21:04 GMT
If there is legal action, I could understand changing the name. Otherwise, this site is easy to find through Google; IMDB v2.0 or imdb2 does it. Everyone I've pointed to this site has found it. Imo at least, BB ;-)
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bb15
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Post by bb15 on Mar 19, 2017 9:47:13 GMT
To Admin; PS. Because IMDB2 / IMDB v2.0 is easy to remember (since it's a variation of IMDb) and easy to find, imo from what I've seen of the alternatives, this has become the most popular successor to the IMDb forums.
Those who have been here before but go to an IMDb site by mistake, to me, will figure it out and will again find this site. * You have a good thing going. With over 100,000 posts and almost 3,000 members.
Imo at least, BB ;-)
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Post by Deleted on Mar 19, 2017 9:58:21 GMT
Actually, I voted no, but have changed my mind. We aren't and needn't be associated at all with the Internet Movie Database.
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CoyoteGraves
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Post by CoyoteGraves on Mar 19, 2017 10:34:56 GMT
The IMF - The Internet Movie Forums I like it!
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Post by Times Up on Mar 19, 2017 13:36:40 GMT
IMF, international monetary fund, in the present?
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Post by mszanadu on Mar 19, 2017 21:50:08 GMT
Several members have expressed concern regarding the name of this board. IMDb's Conditions of Use states the following: Despite the fact that this board is not for profit of any kind, I think perhaps the name should be changed to preclude any possible legal issues that may arise. What do you guys think? Should it be changed, and if so, what do you suggest? Bear in mind that changing the name of the site will not change the URL. One or two name change ideas but of course not extremely original either ( just giving the old college try here ? ) ![](http://i36.photobucket.com/albums/e41/imdbv2/imdbsmileys/laugh.gif) - U = ultimate C = complexity M = media B = boards OR U = ultimate C = complexity M = media F = forums Thanks so much Admin for this subject post ![](http://i36.photobucket.com/albums/e41/imdbv2/imdbsmileys/biggrin.gif) .
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Post by chalk2 on Mar 19, 2017 22:38:58 GMT
MVB = MovieViewBoard MediaViewBoard
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Post by Ass_E9 on Mar 20, 2017 1:24:23 GMT
The IMF - The Internet Movie Forums As always, should you or any of your IM forumers be caught or killed, the Secretary will disavow any knowledge of your actions.
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Post by simpsonsfan742 on Mar 21, 2017 18:25:28 GMT
The IMF - The Internet Movie Forums As always, should you or any of your IM forumers be caught or killed, the Secretary will disavow any knowledge of your actions.I think I like that name, Internet Movie Forums. That'd be a good name to change this board to, in case this site ever gets sued by the real IMDB. ![:(](//storage.proboards.com/forum/images/smiley/sad.png) Of course, I don't know if I've missed one or 2 names that sound even better. I'll take a fuller look at all the posts in this thread. And I'll make a newer post(via deleting this post) or editing this post, if I find a better name suggestion within this thread later that I missed.
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