Free Software Under Attack


WebMagick is now threatened by WebMagic Inc, which has a web site at www.webmagic.com. They claim that WebMagick is in violation of their registered trademark (WebMagic). However, the trademark is not registered (it has been applied for), and other businesses have been using this as their trade name for many years. One such business is Silicon Graphics (see evidence). Some of these businesses (four identified thus far) are also under legal attack. A simple Web search will yield many thousands of hits on the term 'WebMagic', few having to do with the business of WebMagic Inc. Given the popularity of open source software, there are certainly millions of copies of WebMagick already in existence.

Who is WebMagic Inc.?

The nature of WebMagic Inc. is evident.  As evidenced by this Google search, WebMagic Inc. is in the business of speculating in domain names, web sites, and trademarks. They register a domain name, put up a template page claiming trademarks on everything (they claim the trademarks "CAMPING" and "USENET"), and wait for someone to want the domain name badly enough. They have also started several successful services & sales sites, with Toys.com, Pets.com, and Cooking.com. While WebMagic Inc. claims to offer a product line of "WebMagic" branded products broader than that of IBM, no information is offered regarding these "products" at all. The use of the legal symbol (TM) is used applied profusely across WebMagic's web site for products and services which doesn't appear to exist at all.

In order to understand the ambitions of WebMagic Inc., one has only to look at the "Goods and Services" entry in their current trademark application which is more expansive than even the abilities of IBM. Compaq, Lucent, and Mattel. The ambitions of WebMagic Inc. have grown to the point that even a free software package consisting of only a Perl script, and associated documentation, is now in their sights.

History:

The following is the sequence of events (as I am aware of them) regarding this situation:
 
Date
Action
21-Nov-1994 webmagic.com registered by Greg Mclemore
30-Jun-1995 webmagic.net registered by Greg Mclemore
12-Sep-1996 webmagic.org registered by Greg Mclemore
17-Mar-1997 Gifmap package renamed to WebMagick in honor of ImageMagick and PerlMagick
31-Mar-1997 WebMagick 1.17 announced
29-Jul-1999 Trademark application for 'WebMagic' submitted (serial #75745099 at http://trademarks.uspto.gov/)
21-Sep-1999 Trademark application for 'WebMagick' re-submitted (serial#75785352 at http://trademarks.uspto.gov/))
04-Oct-1999 webmagick.org registered by Greg Mclemore
04-Oct-1999 webmagick.net registered by Greg Mclemore
27-Oct-1999 mail sent to Greg Mclemore requesting transfer of domain webmagick.org
10-Nov-1999 mail received from Greg Mclemore requesting phone number
26-Nov-1999 Called Greg Mclemore after receiving several voice mails from him in order to discuss transfer of domain.  Was informed of trademark "violation" and "given opportunity" to change publication's name.
24-Jan-2000 Received "cease and desist" letter from Carl Oppendahl, specifying cut-off date of March 5.
29-Feb-2000 webmagick.com registered by Greg Mclemore (assume purchased)
03-Mar-2000 Letter sent by Christine L. Kopitzke stating that the legal firm of McCutchen, Doyle, Brown & Enersen, LLP is representing me in intellectual property matters related to WebMagick.
26-Apr-2000 Letter sent by Christine L. Kopitzke refuting claims  that "consumer confusion, mistake, or deception is likely to arise from the use of our client's use of the mark" and providing arguments to support this.

Thank you for your pledges of support!

The support for free software never ceases to amaze me. We  have now secured enough funding to see this matter to it's end. We are prepared to make a very public fight for the rights of Open Source authors. We have access to the best legal assistance available. I can only hope that when I make my first million that I will be as thoughtful and generous as those who have contacted me with substantial offers of support.

Please write to:

Greg Mclemore
1581 E. Mendocino Street
Altadena, CA 91001
or
Greg McLemore <mclemore@webmagic.com>

Or give him a call

to express your displeasure with his attack on a free software package, and offer the advice that he is best advised to not make a public spectacle of himself.

If you are interested in offering additional assistance, please send email to Bob Friesenhahn <bfriesen@simple.dallas.tx.us>.

Protect Free Software:

WebMagick was developed over a period of about 2-1/2 years and has been stable thoughout the past 2 years.  It is included in most Linux distributions, and with FreeBSD. WebMagick is available on thousands of anonymous ftp site and may be purchased as part of various freeware distributions in bookstores around the world. Many users of WebMagick have expressed how glad they are that it exists. If it was not of value, it would not be distributed as heavily as it is. We must protect free software packages against attacks like these which are counter to the public good.