Date: Tue, 18 Sep 2001 12:55:37 -0400
From: "Tim O'Reilly" <tim@oreilly.com>
Organization: O'Reilly & Associates, Inc.
To: markh@keysound.com
Subject: Visual Basic in Your Face

Someone brought your web page
(http://www.keysound.com/html/in_your_face.htm) to my attention. I haven't actually seen a copy of the book advertised there, but it's pretty clear from the web page that the cover is an imitation of our "In a Nutshell" design and trade dress.  You even acknowledge on your page that there is the potential for confusion by saying "And before I get into trouble, it's NOT published by O'Reilly!"

I'm afraid that disclaimer is not enough to keep you from trouble.  I'd hate to get the lawyers involved, but I will if I have to.  This is clear violation of our trade dress, and relies on the goodwill that we've established with customers of our In a Nutshell series.  I'm afraid I'm going to have to ask you to take your book off the market and change the cover before reissuing it.

Please let me know as soon as possible that you will be doing so.

If you'd like to have your expertise reflected in a book that looks like an O'Reilly book, do please send in a proposal.  We do publish books on VB, and might well be interested in your material.  If you want to self-publish, though, please use an original cover design.

Thanks.

--
Tim O'Reilly @ O'Reilly & Associates, Inc.
101 Morris Street, Sebastopol, CA 95472
+1 707-829-0515, FAX +1 707-829-0104
tim@oreilly.com, http://www.oreilly.com

Oops. But it's an 'affectionate parody', and I've already sold some to a shop! By the way, I'm training to be a social worker and have no money. It would help if you didn't sue me...
 

Date: Tue, 18 Sep 2001 19:44:43 -0400
From: "Tim O'Reilly" <tim@oreilly.com>
Organization: O'Reilly & Associates, Inc.
To: markh@keysound.com
Subject: Visual Basic in Your Face

I appreciate the homage to our program, but you really do need to change it. There is a "parody" exception to trademark and trade dress, but a parody really has to be a parody--that is, a work of humor--not a competing or similar commercial work that is just using the same look and feel.  And the reason that there's nothing written about the look and feel is that it is generally accepted that if someone has a series of books with the same look and feel, that that "trade dress" is protected.

I'm OK with letting go those ten copies that you've got in a store. I've asked our creative director, to send you some thoughts on what are the parameters on cover design.

And if you want to send in a proposal, send it to proposals@oreilly.com.

--
Tim O'Reilly @ O'Reilly & Associates, Inc.
101 Morris Street, Sebastopol, CA 95472
+1 707-829-0515, FAX +1 707-829-0104
tim@oreilly.com, http://www.oreilly.com

Okay, I'll change the cover.

Date: Tue, 18 Sep 2001 21:14:41 -0400
From: "Tim O'Reilly" <tim@oreilly.com>
Organization: O'Reilly & Associates, Inc.
To: markh@keysound.com
Subject: Visual Basic in Your Face

No hard feelings.  BTW, how are you printing these (on demand?)

--
Tim O'Reilly @ O'Reilly & Associates, Inc.
101 Morris Street, Sebastopol, CA 95472
+1 707-829-0515, FAX +1 707-829-0104
tim@oreilly.com, http://www.oreilly.com

I make them by hand in my kitchen. What I really need is a sponsor or a PUBLISHER...

Date: Wed, 19 Sep 2001 11:50:27 -0400
From: "Tim O'Reilly" <tim@oreilly.com>
Organization: O'Reilly & Associates, Inc.
To: markh@keysound.com
Subject: Visual Basic in Your Face

How about sending me a copy?

--
Tim O'Reilly @ O'Reilly & Associates, Inc.
101 Morris Street, Sebastopol, CA 95472
+1 707-829-0515, FAX +1 707-829-0104
tim@oreilly.com, http://www.oreilly.com

[So I did...]

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