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Re:A Conference Stole My Identity by tedchs on Thursday July 24, 2014 @11:16AM (#8079997)
Or maybe, you know, nobody knew about this guy's sense of the string "futurestack" and New Relic's marketing people brainstormed for a good conference name (increasingly difficult) and just went with it. You do not have exclusive, global, all-contextual moral rights to the string you happened to choose as your usual internet handle.
Re:A Conference Stole My Identity by Fuxy on Thursday July 24, 2014 @11:36AM (#8080111)
No but suspending someones twitter handle because you accidentally named a conference after their online identity is still a dick move.

How hard is it to goggle something before you name a conference after it.

Re:A Conference Stole My Identity by unreal37 on Thursday July 24, 2014 @11:50AM (#8080201)
He said he began to impersonate them to try to gain some of their followers... That got him suspended.

As someone who is involved in naming things for big companies sometimes, it's actually quite hard to find a name that isn't registered as a trademark.

I don't like the idea of someone claiming all uses of a name forever. Very few companies (McDonalds, Disney, Coca-Cola) get that right over all uses of their name, and it should remain very few.

Re:A Conference Stole My Identity by danielweber on Thursday July 24, 2014 @12:46PM (#8080640)
Impersonating the other FS also confused his story. I saw the logo on his tweets was the logo at futurestack.io, I thought that he made the logo first, and then futurestack.io copied it. And that would have crossed a serious line.

Instead, the artist crossed the line first and cost himself a claim to clean hands. He deliberately caused confusion, which is what brands are supposed to protect against.

Re:A Conference Stole My Identity by alasdair_ on Thursday July 24, 2014 @11:59AM (#8080279)
Even McDonald's doesn't "get that right over all uses of their name" - there are plenty of shops in Scotland called McDonalds. (In particular, there is a Hallmark-like shop in Glasgow that has the same name as, and is on the same street as, a McDonalds hamburgers).
Re:A Conference Stole My Identity by unreal37 on Thursday July 24, 2014 @12:12PM (#8080374)
In Scotland, I can see that being a difficult case for McDonald's to win. But then in the U.S., they win a case against a guy trying to market "MacDimSum", as they claim consumers would be confused that its a McDonald's product. They won that case, so food products cannot have the prefix Mc or Mac. Trademark can sometimes grant vast powers to famous brands.
Re:A Conference Stole My Identity by frobozz on Friday July 25, 2014 @04:34AM (#8084232)
Macsween and McVities are both major food brands.
Re:A Conference Stole My Identity by ben336 on Thursday July 24, 2014 @11:48AM (#8080188)
He admitted he was trying to impersonate them on Twitter. Thats the type of move that will get anyone suspended.
Re:A Conference Stole My Identity by x1798DE on Thursday July 24, 2014 @11:55AM (#8080240)
Doesn't seem to have gotten this popular account suspended:

https://twitter.com/untitledairlane

Re:A Conference Stole My Identity by jasonlfunk on Thursday July 24, 2014 @12:04PM (#8080314)
There are plenty of parody accounts out there. Impersonating someone is different.
Re:A Conference Stole My Identity by eli on Thursday July 24, 2014 @01:29PM (#8080932)
Twitter actually has specific rules for parody accounts: https://support.twitter.com/articles/106373-parody-commentar...

Does not seem like he was following them.

Re:A Conference Stole My Identity by chiph on Thursday July 24, 2014 @11:47AM (#8080186)
He started changing his account to look like theirs. So as far as the Twitter rep knew, he was infringing.
Re:A Conference Stole My Identity by Fuxy on Thursday July 24, 2014 @11:55AM (#8080241)
Parody is not really impersonation and Future Snack =/= Future Stack =/= Future Shack etc.

If they have a problem with it they shouldn't have named the conference after his identity to begin with.

It's first come first serve in my book and he definitely got the domain to prove it.

Isn't it like branding/marketing 101 get the twitter handle, get the domain, etc?

Re:A Conference Stole My Identity by unreal37 on Thursday July 24, 2014 @12:47PM (#8080644)
I used the name "Unreal" as an internet handle before the game Unreal came out. First come, first serve - I guess I should have gone after them.
Re:A Conference Stole My Identity by RubyPinch on Thursday July 24, 2014 @12:15PM (#8080403)
fair use (parody relevance) only comes into play if it starts getting treated as a legal thing

additionally it was more than enough for someone to mistake that account as the conference account at a glance

http://futurestack.com/blog/wp-content/uploads/2014/07/Scree... from this you can see at the time he was using the FutureStack image itself (the line just below the logo is from the original, not his edit), so presumably at the time he got suspended, he was using the original FS logo

Re:A Conference Stole My Identity by x1798DE on Thursday July 24, 2014 @02:09PM (#8081208)
I think that's definitely his mock logo, not the original. The original logo is anti-aliased and thin, not in that blocky 8-bit style. You can also see the squared-off "NeoFossil" logo above, not the rounded New Relic logo. I think he probably cut it out of a different mock splash page he made that had a line starting with "changing..."
Re:A Conference Stole My Identity by pyre on Thursday July 24, 2014 @01:29PM (#8080933)
> Isn't it like branding/marketing 101 get the twitter handle, get the domain, etc?

Dropbox was at getdropbox.com for a while before they were able to purchase the dropbox.com domain.

Re:A Conference Stole My Identity by cyorir on Thursday July 24, 2014 @01:55PM (#8081121)
Maybe they skipped Google. After all, there is already a better search engine[0] when looking for existing names of brands.

[0] http://tmsearch.uspto.gov/

Re:A Conference Stole My Identity by aknalid on Thursday July 24, 2014 @12:21PM (#8080457)
I just tried to goggle something. Didn't work. So, makes sense.
Re:A Conference Stole My Identity by riffraff on Thursday July 24, 2014 @11:20AM (#8080022)
but surely checking if the name is taken on twitter and whether someone owns name.com is a decent point to consider in the brainstorming?
Re:A Conference Stole My Identity by Tyrannosaurs on Thursday July 24, 2014 @11:56AM (#8080257)
Given that they registered futurestack.io it seems almost certain they did check this. .io is nice and quirky and all but if .com was available you can be fairly sure they'd have gone for that either instead of or as well as the .io domain.
Re:A Conference Stole My Identity by unreal37 on Thursday July 24, 2014 @11:51AM (#8080208)
It's ideal to get those, but for a good name it's not always required.
Re:A Conference Stole My Identity by eli on Thursday July 24, 2014 @01:25PM (#8080901)
I challenge you to come up with a plausible name for a conference series that has an available twitter handle and dot-com domain.
Re:A Conference Stole My Identity by clockwerx on Thursday July 24, 2014 @01:34PM (#8080980)
Re:A Conference Stole My Identity by eli on Thursday July 24, 2014 @01:45PM (#8081057)
Damn. OK, you win.
Re:A Conference Stole My Identity by toomuchtodo on Thursday July 24, 2014 @11:19AM (#8080015)
> You do not have exclusive, global, all-contextual moral rights to the string you happened to choose as your usual internet handle.

Unless you've trademarked it, which you should probably due to prevent people who are terrible at their marketing job from absconding with something you value. A trademark application is something like $275.

Re:A Conference Stole My Identity by x1798DE on Thursday July 24, 2014 @11:32AM (#8080081)
I'm not a lawyer, but I'm fairly certain that trademarks are not all-contextual, as trademark infringement requires likelihood of confusion. It's certainly possible that there's enough likelihood of confusion here, because it's a web dev conference and the guy is some kind of web dev, but it's certainly not all-contextual.

Also, trademark creates a legal right. Whether that creates a moral right likely depends on your take on moral philosophy.

Re:A Conference Stole My Identity by yeldarb on Thursday July 24, 2014 @11:40AM (#8080133)
There is more than a likelihood of confusion. He showed several examples of _actual_ confusion in the marketplace in his blog post.
Re:A Conference Stole My Identity by Tyrannosaurs on Thursday July 24, 2014 @11:45AM (#8080176)
As someone who shares a name with a famous person where I have the obvious Twitter username, I'd suggest that this isn't confusion, it's people not understanding Twitter.

My photo is me, by bio describes me and expressly says I'm not the musician (and gives their actual username) and yet I get mentions all the time.

That's people not understanding, not caring or not bothering but it's not really confusion about our two identities.

Re:A Conference Stole My Identity by Dylan16807 on Thursday July 24, 2014 @11:46AM (#8080182)
Confusion on what twitter handle to use is not marketplace confusion. You can have one twitter in the paper bag industry and another in deep-space fishing and you'll find people tweeting to the wrong ones. People make a guess as to a likely address and don't check.
Re:A Conference Stole My Identity by rahimnathwani on Thursday July 24, 2014 @12:04PM (#8080313)
The confusion is in the opposite direction to that protected by trademark law. He's not losing customers/whoever because they're going to the FutureStack conference by accident, when they were intending to go to his house.
Re:A Conference Stole My Identity by Perdition on Thursday July 24, 2014 @11:31AM (#8080076)
A trademark is exactly what it sounds like, a mark that is used in trade. It has to be in specific markets, and you use it or you lose it.

As this guy doesn't run a tech conference he has zero chance of defending that TM.

A guy named Joe Blogs similarly has zero chance of stopping "Joe Blogs(14)" the conference

Re:A Conference Stole My Identity by toomuchtodo on Thursday July 24, 2014 @11:35AM (#8080105)
Ahh, good. I'll register Rackspace as my tech conference, because that's a totally separate industry than Rackspace the infrastructure provider.
Re:A Conference Stole My Identity by gamblor956 on Thursday July 24, 2014 @12:17PM (#8080415)
It is a totally separate industry.

One Rackspace would be in the industry of technology; the other in the industry of hosting conferences. The likelihood for confusion arising from the conference having technology-related subject matter is merely a factor in determining whether the conference would violate Rackspace's trademark. It's very likely that a trademark violation would be found, but it's still possible that a violation wouldn't be found.

Note also that Rackspace only trademarked "Rackspace," so "RackSpace," "Rack Space," and "Rack-Space" are separate marks a tech conference could use those without infringing upon Rackspace's trademark.

Re:A Conference Stole My Identity by ghaff on Thursday July 24, 2014 @12:39PM (#8080597)
Yes, but tech companies (among others) also run conferences specifically for their users. I suspect Rackspace would take action if you wanted to run the "Rackspace Summit" or something along those lines because people would reasonably assume that such an event was associated with the company in some way.

(Companies do often allow quasi-independent organizations to run quasi-associated conferences but this is usually a deliberate decision.)

Re:A Conference Stole My Identity by gamblor956 on Thursday July 24, 2014 @01:10PM (#8080800)
I was primarily responding to the comment that they were not separate industries, and supplying an example of similar marks that were not actually trademarked by Rackspace and thus open to potential use even by those in the technology industry.

Legally, technology and conferences are entirely separate industries with very different business, legal, and tax considerations. A technology company that makes software for conferences is not in the conference industry; a conference with technology subject matter is not in any of the technology industries. This may be splitting hairs, but the law is always a matter of splitting hairs.

Re:A Conference Stole My Identity by Dylan16807 on Thursday July 24, 2014 @11:25AM (#8080044)
Trademarks are heavily contextual, so still nope.
Re:A Conference Stole My Identity by toomuchtodo on Thursday July 24, 2014 @11:32AM (#8080088)
Are you kidding me? It's in the same damn market/space! Its not like someone is promoting Futurestack bouncy houses or lawn furniture.
Re:A Conference Stole My Identity by Dylan16807 on Thursday July 24, 2014 @11:39AM (#8080132)
The same damn market/space as conferences? That's quite a stretch, no matter what the conference is about.
Re:A Conference Stole My Identity by toomuchtodo on Thursday July 24, 2014 @11:43AM (#8080158)
A "tech" conference is still in the tech/development sector. Because its a conference doesn't suddenly thrust it into another market.
Re:A Conference Stole My Identity by 67726e on Thursday July 24, 2014 @11:42AM (#8080148)
A developer claiming trademark over a developer conference. It's funny how things can be interpreted to fit one's will.
Re:A Conference Stole My Identity by paulgb on Thursday July 24, 2014 @11:27AM (#8080052)
Especially when they're made up of two common English words.
Re:A Conference Stole My Identity by BrandingGuy on Monday July 28, 2014 @11:50AM (#8097464)
I hope this kid learns from his mistakes. Clearly he has zero clue how things work. He also claims FutureStack.io stole his identity. I don't see it. A name isn't an identity. He doesn't own rights to the name. If he had a trademark or a copyright to the name then he could do something only if he was in the same space as FutureStack.io is in. Twitter doesn't play around when it comes to this type of stuff. Typically what happens when thinking of a name. You check to see if the .com is available. Then you run a trademark check. If the trademark comes back clean you then have to decide if you need the .com. and if it's needed you would reach out to the .com owner and attempt to purchase the domain. If not you can use .org, .net, .co, .io. That is why if you want full rights to a name you're using you need to purchase all domains and trademark and copyright your shit. If not, don't cry when someone uses it. He should also talk to a lawyer and stop posting negative things about New Relic. He will dig himself deeper in shit.
Re:A Conference Stole My Identity by anExcitedBeast on Thursday July 24, 2014 @11:32AM (#8080082)
Having his twitter account suspended is way out of bounds. Shame on them if they were involved.
Re:A Conference Stole My Identity by blhack on Thursday July 24, 2014 @11:36AM (#8080110)
He literally tried to fake being this conference to steal some of their followers and redirect them to his blog post.

That's pretty uncool.

Re:A Conference Stole My Identity by Dylan16807 on Thursday July 24, 2014 @11:41AM (#8080140)
Where is faking being the conference? Starting your own conference with blackjack and hookers is not the same thing. Every quoted tweet makes it clear that he's not the conference. Are there other tweets you're looking at?
Re:A Conference Stole My Identity by CanSpice on Thursday July 24, 2014 @12:38PM (#8080591)
Read the post:

> My latest strategy was to pretend to be them on twitter to get some of their followers

Re:A Conference Stole My Identity by Dylan16807 on Thursday July 24, 2014 @12:52PM (#8080663)
I read that a bit more tongue in cheek. 'pretend' in a parody way rather than convincing, considering the picture adjacent to that sentence.
Re:A Conference Stole My Identity by ayrx on Thursday July 24, 2014 @11:37AM (#8080118)
He started to impersonate the conference. Having his account suspended is fair game.
Re:A Conference Stole My Identity by perlpimp on Thursday July 24, 2014 @11:43AM (#8080159)
Never new free speech was optional. Since times of the middle ages were hectoring kinds with various success.
Re:A Conference Stole My Identity by ayrx on Thursday July 24, 2014 @11:52AM (#8080212)
This has absolutely nothing to do with free speech. Notice how he is free to complain about the conference using his handle on his own blog without consequences?
Re:A Conference Stole My Identity by danielweber on Thursday July 24, 2014 @12:54PM (#8080682)
I can scream "Futurestack.io sucks balls" all day with no legal consequence. (HN would kick me off, rightly, for doing so in every thread.)

That's different than "pretend(ing) to be them", which are his words to describe what he did. Until that point, he had the moral high ground.

Re:A Conference Stole My Identity by JW_00000 on Friday July 25, 2014 @05:21AM (#8084339)
Free speech protects you from the government, not from Twitter. Twitter can suspend any account they want, just like Hacker News can delete any comment on this site if they want.
Re:A Conference Stole My Identity by dreamfactory2 on Thursday July 24, 2014 @12:09PM (#8080350)
Checking for existing trademarks is basic due diligence if you are buying a domain. It is pretty much unusable if someone else has trademarked it.
Re:A Conference Stole My Identity by tlrobinson on Thursday July 24, 2014 @12:17PM (#8080419)
Did this guy actually register FutureStack as a trademark? His post doesn't even mention the word "trademark", so I'm guessing no.
Re:A Conference Stole My Identity by bato on Thursday July 24, 2014 @10:49PM (#8083555)
Surely doing a lookup for <potential name>.com would be a good first step?
Re:A Conference Stole My Identity by guelo on Thursday July 24, 2014 @12:00PM (#8080289)
Bullshit. These dipshits looked up the .com and the twitter handle, they knew exactly who he was and decided to screw him.