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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.